DOLE urges employers to comply with rules on workers’ drug test

The Labor Department on Saturday reminded private sector establishments to strictly comply with guidelines for the implementation of drug tests in workplaces.

Department of Labor and Employment (DOLE) Order No. 53-03 specifies the guidelines for the implementation of a drug-free workplace policies and programs for the private sector.

“This Department Order (DO), which calls for random drug testing of employees, applies to all establishments in the private sector, including their contractors and concessionaires,” said Labor Secretary Silvestre Bello III in a statement.

DO 53-03 provides that workplace policies and programs on drug abuse prevention and control adopted by companies must include:

• advocacy, education, and training;
• drug testing program for officers and employees;
• treatment, rehabilitation and referral; and
• monitoring and evaluation

Bello stressed that "random drug test must be conducted by the employers on their employees and officials, and its schedule must be unannounced, with each employee having an equal chance of being selected for testing.”

Citing a report from the DOLE-Bureau of Working Conditions, Bello said that of the 36,002 establishments assessed under the Labor Laws Compliance System, only 29,607 (82.24%) have drug-free workplace policies in place.

Also, he said that establishments that are yet to comply with the policy can request for assistance from the DOLE Regional Offices and their respective Labor Laws Compliance Officers in crafting the program guidelines as mandated by DO 53-03.

On the other hand, DOLE also enjoins establishments with less than 10 workers to formulate and adopt drug-free policies and programs.

Under DOLE's drug-free workplace program, employers can subject their employees to a mandatory drug test when it is "for cause testing" and "post-accident testing."  

For cause testing takes place when the company may ask an officer and/or employee to submit to a drug test at any time it feels that the employee may be under the influence of drugs.  

Post-accident testing, on the other hand, is allowed in two situations: the "near-miss" and the "work-accident" circumstance.

Near-miss refers to an incident arising from or in the course of work that could have led to injuries or fatalities of the workers and/or considerable damage to the employer had it not been curtailed.

Work-accident circumstance, on the other hand, refers to unplanned or unexpected occurrence which may or may not result in personal injury, property damage, work stoppage or interference, or any combination thereof, which arises out of and in the course of employment.

All drug tests shall use the screening and confirmatory tests. When 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.

Should the employee turn out positive during drug test, it does not mean automatic dismissal.

Those found positive for drug use shall be referred for treatment and/or rehabilitation in a Department of Health accredited center.

After the rehabilitarion process, the employer's assessment team will make recommendations.

All costs for the treatment and rehabilitation of the drug dependent employee shall be charged to the worker's account, but the period during which the employee is under treatment or rehabilitation shall be considered as authorized leaves.

However, repeated drug use, even after ample opportunity for treatment and rehabilitation, shall be dealt with the corresponding penalties under R.A. 9165 and is a ground for dismissal.

Violations of DO 53-03 may be punished criminally under Article II of RA 9165 and its Implementing Rules and Regulations, or administratively under Article 297 of the Labor Code, as renumbered. —LBG, GMA News