ILLEGAL drugs are known to be a menace to society. Its effects to humanity indubitably create a hostile atmosphere, to the prejudice of the public. As we repeatedly hear from the news nowadays, there are lots of innocent people victimized by the atrocious effects of illegal drugs.
It cannot be denied that there is a firm commitment by our government to suppress illegal drugs. We, the private sector, can also have our fair share of contributing to the betterment of society, starting in our respective workplace.
The Department of Labor and Employment (DOLE) issued Department Order 53-03, Series of 2003 (the “department order”), otherwise known as Guidelines for the Implementation of a Drug-free Workplace Policies and Programs for the Private Sector, to assist both the employers and employees in the formulation of company policies and programs to achieve a drug-free workplace. The department order was issued in compliance with Article V of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
The department order mandates all private establishments employing 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. In the same manner, establishments employing less than 10 employees are, likewise, encouraged to formulate and adopt the same policies.
The department order directs the employers to increase the awareness and education of company officers and employees on the adverse effects of dangerous drugs through continuous advocacy, education and training programs/activities. It also provides for a treatment, rehabilitation and referral program for employees found to be positive for drug use.
In implementing this program, the employers are mandatorily required to conduct random drug testing. Random drug testing is done when officers and employers are tested at random intervals without prior notice. Similarly, employers may also require drug testing as a condition for pre-employment.
Two testing methods are required to be observed by the employees, namely, the screening test and the confirmatory test. The screening test determines the positive result, as well as the type of the drug used. This is the first test to ascertain whether an employee is under the influence of drugs. On the other hand, the confirmatory test is a measure employed to affirm a positive screening test. An employee initially found to be negative in the screening tests need not undergo confirmatory test. In other words, a confirmatory test applies only to those employees found to be initially positive during the screening test.
The conduct of drug testing, however, should only be performed by duly accredited centers of the Department of Health (DOH). It is worth stressing that failure to follow the proper drug-testing method cannot be given credence and will result in illegal dismissal (Nacague v Sulpicio Lines, GR 172598, 08 August 2010).
Employees found to be positive for drug use constitutes serious misconduct and may even be a ground for termination of employment (Bughaw Jr. v Treasure Island Industrial Corp., GR 173151, 28 March 2008). In the same manner, an employee who refuses to undergo random drug testing may be guilty of insubordination for refusal to follow company rules and regulations. Under the law, these instances constitute just causes for dismissal.
In order to validly dismiss an employee, the employer is still required to observe both substantive and procedural due process. Hence, termination must only be made after the employee is accorded due notice and hearing. Otherwise, the dismissal shall be rendered illegal.
This drug-free policy has long been issued by the DOLE. It now comes to the strict adherence and implementation by employers in the private sector to ensure a safe working environment for their respective constituents. Indeed, change starts within us. To spearhead change, we can do so by adopting a drug-free policy in our own workplace.
For comments, you may e-mail me at lpkapunan@kapunanlaw.com.