This web page
features
the full text of
Department
Order No. 53-03 (Series of 2003).
GUIDELINES
FOR THE IMPLEMENTATION OF A DRUG-FREE WORKPLACE POLICIES AND PROGRAMS
FOR
THE PRIVATE SECTOR
DEPARTMENT
ORDER NO. 53-03
(Series of 2003)
GUIDELINES
FOR THE IMPLEMENTATION OF A DRUG-FREE WORKPLACE POLICIES AND PROGRAMS
FOR
THE PRIVATE SECTOR
In accordance
with Article V of Republic
Act No. 9165, otherwise known as the Comprehensive Dangerous Drug Act
of
2002, and its Implementing Rules and Regulations and in
consultation
with the Tripartite Task Force Created under DOLE Department Order No.
37-03, s. 2003 (Tripartite Task Force), the following guidelines are
hereby
issued to assist employers and employees in the formulation of company
policies and programs to achieve a drug-free workplace.
A. COVERAGE
1.
The guidelines shall apply to all establishments in private sector,
including
their contractors and concessionaires B. FORMULATION
OF DRUG-FREE WORKPLACE POLICIES AND PROGRAMS
1.
It shall be mandatory for all private establishments employing ten (10)
or more workers to formulate and implement drug abuse prevention and
control
programs in the workplace, including the formulation and adoption of
company
policies against dangerous drug use. Establishements with less than ten
(10) workers are also encouraged to formulate and adopt drug-free
policies
and programs in the workplace.
2. The
workplace
policies and programs shall be prepared jointly by management and labor
representatives and shall be made an integral part of the company’s
occupational
safety and health and related workplace programs.
3. In
organized
establishments, the workplace policies and programs shall be included
as
part of the Collective Bargaining Agreements.chan
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4. Assistance
in the formulation and implementation of a Drug-Free Workplace Policies
and Programs may be sought from the Tripartite Task Force (see Annex 1)
, through the Occupational Safety and Health Center. The Regional
Offices
of the DOLE shall serve as focal center in their respective areas of
jurisdiction
in providing information on R.
A. No. 9165 and on the prevention and control of drug abuse in the
workplace. C. COMPONENTS
OF
A DRUG-FREE WORKPLACE AND PROGRAMS
1.
Workplace policies and programs on drug abuse prevention and control to
be adopted by companies shall include, among others, the following
components:chanroblesvirtuallawlibrary
a.)
Advocacy, Education and Training
i.
Employers shall be responsible for increasing awareness and education
of
their officers and employees on the adverse effects of dangerous drugs
as well as the monitoring of employees susceptible to drug abuse.
Topics
which may be included in the orientation-education program shall
include,
among others, the following:chanroblesvirtuallawlibrary
Salient
Features
of R. A.
9165
(the Act) and its implementing Rules and Regulations (IRR)
The
Company policies
and programs on drug-free workplace
Adverse
effects
of abuse and/or misuse of dangerous drugs on the person, workplace,
family
and the communitychan
robles virtual law library
Preventive
measures
against drug abusechan
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Steps
to take when
intervention is needed, as well as the services available for treatment
and rehabilitation.chan
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Employers are
enjoined to display a billboard or streamer in conspicuous places in
the
workplace with standard message like “THIS IS A DRUG-FREE WORKPLACE;
LET’S
KEEP IT THIS WAY!” or such other messages of similar import.
iii.
Curicula
developed by the Task Force shall be used as widely as possible for
awareness
raising and training. May be accessed through the OSHC website (www.oshc.dole.gov.ph)
iv.
Training
on prevention, clinical assessment, and counseling of workers and other
related activities shall be given to occupational safety and health
personnel,
the human resources manager and the employer and workers
representatives.
These trained personnel shall form part of an Assessment Team which
shall
address of drug abuse prevention, treatment and rehabilitation.
v. In
absence
of such capability, particularly in small establishments, DOLE shall,
to
extent possible, provide relevant information on experts and services
in
their localities.
vi. In
the
context of their Corporate Social Responsibility Programs, employers
are
encouraged to extent drug abuse prevention advocacy and training to
their
workers’ families and their respective communities.chan
robles virtual law library b.) Drug
Testing
Program for Officers and Employees
i.
Employers shall require their officials and employees to undergo a
random
drug test (as defined in Annex 2) in accordance with the company’s work
rules and regulations for purposes of reducing the risk in the
workplace.
Strict confidentiality shall be observed with regard to screening and
the
screening results.
ii. Drug
testing
for teaching and non-teaching staff in private schools shall be in
accordance
with the guidelines provided by DepED, CHED and TESDA.
iii. Drug
testing
shall conform with the procedures as prescribed by the Department of
Health
(DOH) (www.oshc.dole.gov.ph).
Only drug testing centers accredited by the DOH shall be utilized. A
list
of the accredited centers may be accessed through the OSHC website (www.oshc.dole.gov.ph).chan
robles virtual law library
iv. Drug
testing
shall consist of both the screening test and the confirmatory test; the
latter to be carried out should the screening test run positive. The
employee
concerned must be informed of the test results whether positive or
negative.
v. Where
the
confirmatory test turns positive, the company’s Assessment Team shall
evaluate
the results and determine the level of care and administrative
interventions
that can be extended to the concerned employee.
vi. A
drug
test is valid for one year, however, additional drug testing may be
required
for just cause as in any of the following cases:chanroblesvirtuallawlibrary
After
workplace-related
accidents, including near miss
Following
treatment
and rehabilitation to establish fitness for returning to
work/resumption
of job
In
the light of
clinical findings and/or upon recommendation of the assessment team. vii. All
cost of
drug testing shall be borne by the employer. c.)
Treatment,
Rehabilitation and Referral
i.
The drug prevention and control program shall include treatment,
rehabilitation
and referral procedure to be provided by the company staff or by an
external
provider. It shall also include a provision for employee assistance and
counseling programs for emotionally-stressed employees.
ii. The
Assessment
Team shall determine whether or not an officer or employee found
positive
for drugs would need referral for treatment and/or rehabilitation in a
DOH accredited center.chan
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iii. This
portion
is given only to officers and employees who are diagnosed with drug
dependence
for the first time, or who turn to the Assessment Team for assistance,
or who would benefit from the treatment and rehabilitation.
iv.
Following
rehabilitation, the Assessment Team, in consultation with the head of
the
rehabilitation center, shall evaluate the status of the drug dependent
employee and recommend to the employer the resumption of the employee’s
job if he/she poses no serious danger to his/her co-employees and/or
the
workplace.chan
robles virtual law library
v.
Repeated
drug use even after ample opportunity for treatment and rehabilitation
shall be dealt with the corresponding penalties under the Act and its
IRR.
vi. An
updated
list of drug treatment and rehabilitation centers accredited by the DOH
shall be disseminated through the OSHC website (www.oshc.dole.gov.ph) d.) Monitoring
and Evaluation
i.
The implementation of the drug-free workplace policies and programs
shall
be monitored and evaluated periodically by the employer to ensure that
the goal of a drug-free workplace is met. The Health and Safety
Committee
or other similar Committee may be tasked for this purpose. D. ROLES,
RIGHTS
AND RESPONSIBILITIES OF EMPLOYERS AND EMPLOYEES
1.
The employer shall ensure that the workplace policies and programs on
the
prevention and control of dangerous drugs, including drug testing shall
be disseminated to all officers and employees. The employer shall
obtain
a written acknowledgement from the employees that the policy has been
read
and understood by them.
2. The
employer
shall maintain the confidentiality of all information relating to drug
test or to the identification of drug users in the workplace;
exceptions
may be made only where required by law, in case of overriding public
health
and safety concerns; or where such exceptions have been authorized in
writing
by the person concerned.
3. Labor
unions,
federations, workers organizations and associations are enjoined to
take
an active role in educating and training their members on drug abuse
prevention
and control. They shall, in cooperation with their respective private
sector
partners, develop and implement joint continuing programs and
information
campaigns, including the conduct of capability-building programs, peer
counseling and values education with the end in view promoting a
positve
lifestyles and a drug-free workplace.chan
robles virtual law library
4. All
officers
and employees shall enjoy the right to due process, absence of which
will
render the referral procedure ineffective. E. ENFORCEMENT
1.
The Labor Inspectorate of the DOLE Regional Offices shall be
responsible
for monitoring compliance of establishments with the provisions of
Article
V of the Act and its IRR and this Department Order.
2. The
dissemination
of information on pertinent provisions of R.
A. 9165 and the IRR shall be included in the advisory visits of the
Labor Inspectorate.chan
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3. The DOLE
may, where deemed necessary and appropriate, delegate the monitoring of
compliance of establishments with the provisions of Article V of the
Act
to Local Government Units thru a Memorandum of Agreement.chan
robles virtual law library F. CONSEQUENCES
OF POLICY VIOLATIONS
1.
Any officer or employee who uses, possesses, distributes, sells or
attempts
to sell, tolerates, or transfer dangerous drugs or otherwise commits
other
unlawful acts as defined under Article II of R.
A. 9165 and its Implementing Rules and Regulations shall be subject
to the pertinent provisions of the said Act.
2. Any
officer
or employee found positive for use of dangerous drugs shall be dealt
with
administratively in accordance with the provisions of Article 282 of
Book
VI of the Labor
Code under R.
A. 9165. G. EFFECTIVITY
1.
All concerned shall comply with all the provisions of this Department
Order
within six months from its publication in a newspaper of general
circulation.chan
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14 August 2003
PATRICIA A.
SANTO TOMAS
Secretary
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