Drug-free program for a drug-free workplace

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Published — December 8, 2017

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 your own lawyer to address your legal concerns, if 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.

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Even before there was this so-called “war on drugs”, many companies are already waging their own battles against drugs in order to achieve a drug-free workplace. This is intended for the protection of both the employers and their employees from the dangers that narcotics may bring. To be sure, dangerous drugs is such a menace that it destroys relationships, families, lives, and the future of those who succumb to it.

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:

1. Advocacy, education and training relative to dangerous drugs;
2. Drug testing program for company officers and employees;
3. Treatment, rehabilitation and referral; and
4. Monitoring and evaluation.

Advocacy, education and training

To be sure, it is the responsibility of the employers to increase awareness and education of their officers and employees regarding the adverse effects of dangerous drugs, as well as the monitoring of employees susceptible to drug abuse.

Trainings on prevention, clinical assessment and counseling of workers and other related activities are likewise required. The said tasks shall be given to the company’s occupational safety and health personnel, the company’s human resource manager, and the representatives of both the employers and workers. These trained personnel shall form part of an Assessment Team that will address the aspects of drug abuse prevention, treatment and rehabilitation.

Drug-related education, however, is not enough without an established drug testing program that will govern within the workplace.

Drug testing program for employees

As part of the drug testing program, it is necessary for employers to establish policies that will govern the conduct of drug test upon the employees. It must be noted that under D.O. No. 53-03, employers are required to have their officials and employees undergo random drug test in accordance with the company’s work rules and regulations. This is for the purpose of reducing the risk of untoward drug-related incidents in the workplace.

Any drug testing to be conducted should conform with the procedures as prescribed by the Department of Health (“DOH”). For this purpose, only drug testing centers accredited by the DOH shall be utilized, and all cost of drug testing shall be shouldered by the employer.

Drug testing, by the way, shall consist of two tests: (1) the screening test and (2) the confirmatory test. The confirmatory test shall be carried out should the screening test turn positive. 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.

On this score, strict confidentiality shall be observed with regard to screening and the screening results. The employee concerned, however, must be informed of the test results, whether it is positive of negative.

The drug test shall be valid for 1 year, but additional drug testing may be required for just cause in any of the following cases.

1. After workplace-related accident, including incidents arising in the course of work that could have led to injuries of death, and/or considerable damage to the employer had it not been curtailed.
2. Following treatment and rehabilitation to establish fitness for returning to work/resumption of job.
3. In the light of clinical findings and/or upon recommendation of the Assessment Team.

Treatment, rehabilitation and referral

The company’s drug prevention and control program shall include procedure for treatment, rehabilitation and referral, which will be provided by an assigned company staff or by an external provider. The program shall also include a provision for employee assistance and counseling for emotionally-stressed employees.

The Assessment Team is responsible in determining whether an officer or employee found positive for drugs would need referral for treatment and/or rehabilitation in a DOH accredited center. In many companies, though, drug use constitutes a violation of their code of conduct, for which appropriate penalties may be imposed (usually, termination from employment).

Following rehabilitation, the Assessment Team shall evaluate the status of the drug dependent employee and recommend to the employer the resumption of the employee’s job if it is determined that he poses no serious danger to his co-employees and/or the workplace.

Monitoring and Evaluation

With the implementation of drug-free workplace policies and programs, employers shall be responsible in monitoring and evaluating said programs periodically. This is to ensure that the goal of a drug-free workplace is met.

With these policies well in place, employers are well-equipped to win their own war against drugs within their company’s work premises. Certainly, maintaining a drug-free workplace is a step closer to achieving a drug-free society, which is what our government is trying to promote. After all, being free from the dangers of drugs is a huge step to a creating a better place, not only to work, but also to live.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding company policies and compliances, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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