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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
“Employers shall require their officials and employees to undergo a random drug test 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.” (Section C, par. b, subpar. I, DOLE D.O. No. 53, s. 2003)
Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law. (Section 36, par. d, Article III, R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002)
The above provision clearly provides that random drug testing of employees is mandated by law. Moreover, under the Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs in the Private Sector (DOLE Department Order No. 53, series of 2003):
“Employers shall require their officials and employees to undergo a random drug test 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.” (Section C, par. b, subpar. I, DOLE D.O. No. 53, s. 2003)
Through Department Order (D.O.) No. 53-03 issued by the Department of Labor and Employment (DOLE), all private establishments employing 10 or more workers are required to formulate and implement drug abuse prevention and control programs in the workplace. This includes the formulation and adoption of company policies against dangerous drug use. Establishments with less than 10 workers, on the other hand, are also encouraged (though not mandatory) to formulate and adopt their own drug free policies and programs in the workplace.
Such company policies to be formulated, as required by DOLE D.O. No. 53-03, should contain the following:
- Advocacy, education and training relative to dangerous drugs;
- Drug testing program for company officers and employees;
- Treatment, rehabilitation and referral; and
- Monitoring and evaluation.
Jurisprudence holds that the adoption and enforcement anti-drug policies are recognized as valid exercise of management prerogative. However, for an employer to bind an employee to such policies, the same must always be fair and reasonable, and the corresponding penalties, when prescribed, commensurate to the offense involved and the degree of infraction.
Related Article/s:
IS REFUSAL TO UNDERGO DRUG TESTING A VALID GROUND FOR TERMINATION? – ALBURO LAW
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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