Photo from Unsplash | Myriam Zilles
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:
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. Establishments with less than ten (10) workers are also encouraged to formulate and adopt drug-free policies and programs in the workplace. (Par. B(1), Dangerous Drugs Board Regulation No. 8, Series of 2003)
In workplaces, the establishment and enforcement of drug-free policies have become increasingly significant. Whether within expansive corporate structures or smaller-scale enterprises, regulations are in place to curb drug abuse among personnel.
By virtue of Board Regulation No. 8, series of 2003, the Dangerous Drugs Board crafted guidelines that shall apply to all establishments in the private sector including contractors and concessionaires. The pertinent provisions are discussed below.
Overview of Workplace Drug Policies
Organizations employing ten or more individuals are mandated to devise and implement strategies for combating drug abuse within the workplace. Even entities with fewer than ten employees are encouraged to establish protocols addressing drug-related concerns.
Formulation of Policies and Programs
Collaborative efforts between management and labor representatives are important in formulating these policies, integrating them seamlessly into the broader framework of occupational safety and health initiatives. Further, n unionized environments, these policies are typically integrated into Collective Bargaining Agreements.
The Board Resolution says:
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.
In organized establishments, the workplace policies and programs shall be included as part of the Collective Bargaining Agreements. (Pars. B(2)(3), Dangerous Drugs Board Regulation No. 8, Series of 2003)
Components of a Drug-Free Workplace Policies and Programs
- Advocacy, Education, and Training
- Treatment, Rehabilitation, and Referral
- Monitoring and Evaluation
Roles, Rights, and Responsibilities of Employers and Employees
The Board Resolution says:
- 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.
- The employer shall maintain the confidentiality of all information relating to drug tests 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.
- 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 positive lifestyles and a drug-free workplace.
- All officers and employees shall enjoy the right to due process, absence of which will render the referral procedure ineffective.
Related Article/s:
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.