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Ord No. 21-44 S 2022 Drug Free Workplace

The ordinance mandates a drug-free workplace for all officials and employees in the municipality of Tapaz, Capiz by requiring random drug testing. It establishes a Drug-Free Workplace Committee to oversee implementation and sets penalties for testing positive or refusing testing, including immediate dismissal. Municipal funds will cover the cost of drug testing and barangays must also establish Drug-Free Committees within 60 days to ensure drug-free communities.

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Marlon Halili Exmundo
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165 views3 pages

Ord No. 21-44 S 2022 Drug Free Workplace

The ordinance mandates a drug-free workplace for all officials and employees in the municipality of Tapaz, Capiz by requiring random drug testing. It establishes a Drug-Free Workplace Committee to oversee implementation and sets penalties for testing positive or refusing testing, including immediate dismissal. Municipal funds will cover the cost of drug testing and barangays must also establish Drug-Free Committees within 60 days to ensure drug-free communities.

Uploaded by

Marlon Halili Exmundo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Province of Capiz
Municipality of Tapaz

OFFICE OF THE SANGGUNIANG BAYAN

MUNICIPAL ORDINANCE NO. 21-44


Series of 2022

Sponsored By: Committee on Peace & Order, Human Rights and Fire & Public Safety
Thru: Hon. Regina E. Fancubila

MANDATING A DRUG-FREE WORKPLACE IN THE MUNICIPALITY


OF TAPAZ, CAPIZ AND PROVIDING PENALTIES THEREOF

BE IT ORDAINED THAT:

Section 1. RATIONALE.
a. Civic Service Commission (CSC) issued Resolution No. 101359 which prescribes the
conduct of mandatory drug test as a requirement for pre-employment to ensure that only
those qualified shall be screened and recruited in the government service and further
mandates the heads of agencies to ensure that the drug-free workplace program on the
prevention and control of dangerous drugs, including drug-testing, shall be disseminated
to all officials and employees.
b. Section 36 (d) of RA 9165 otherwise known as the “Comprehensive Dangerous Act of
2002” provides that officers and employees of public and private officers, 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.
c. It is the best interest of the government to create a drug-free workplace since drug abuse
problem, if there is any, can have adverse and far-reaching effects on the government,
like reduced productivity, poor decision making, client relationship mishap and
physically dangerous situations.

Section 2. SHORT TITLE. This ordinance shall be known as “A DRUG-FREE


WORKPLACE ORDINANCE OF THE MUNICIPALITY OF TAPAZ, CAPIZ.”

Section 3. GENERAL GUIDELINESS IN THE CONDUCT OF RANDOM DRUG


TESTING.
a. The random drug testing shall be implemented as a collaborative undertaking of the
government, its officials and employees - local and national.
b. Random drug testing shall be implemented primarily for a drug-free workplace.
c. The drug testing program shall guarantee and respect the personal privacy and dignity of
the officials and employees.
d. The random drug testing may be set as a condition for the continuous financial
assistance of the municipal government to national government agencies; same
condition may be set for the approval of business permit/franchise to local
merchants/motorcycle operators.

Section 4. DEFINITION OF TERMS.


a. Employee — shall include all local and national official and regular, casual, job order
personnel, contractual and temporary employees in the Municipality of Tapaz.
b. Random Drug-Test — subjection of personnel for drug testing as selected following no
specific pattern and without prior notice/information.

Ord. No. 21-44 s 2022 Page 1


c. “For Cause” or “Probably Cause” Drug Test — drug testing as required when there
is a “probable cause” or “reasonable ground” to believe that a person is using or is under
the influence of dangerous drug.
d. Screening Test — a rapid test performed to establish potential/presumptive positive
result; it refers immunoassay test to eliminate a negative specimen i. e one without the
presence of dangerous drugs, from further consideration and to identify the
presumptively positive specimen that requires confirmatory test.
e. Confirmatory Test — an analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and
confirm the result of screening test; it refers to the second or further analytical procedure
to more accurately determine the presence of dangerous drug in a specimen.
f. Refusal — physically evading, escaping, refusing or making self-unavailable.

SECTION 5. DRUG-FREE WORKPLACE COMMITTEE.


a. A Drug Free-Workplace committee shall be created by the Mayor composed of himself
as chairperson and a representative from the Municipal Health Office, Human Resource
Management Office, Municipal Police Station, and the President of the municipal
employees’ association.
b. The Drug Free-Workplace Committee shall formulate the implementing Rules and
Regulations for the implementation of this Ordinance.

SECTION 6. PROCEDURES IN THE CONDUCT OF RANDOM DRUG TESTING


a. Drug testing shall be done by any government forensic laboratory or any of the local
drug testing laboratories accredited or by the Municipal Health Office and monitored by
the DOH to safeguard the quality test result.
b. The drug testing shall employ, among others, two (2) testing methods:
 The screening test which determines the positive result as well as the type of
drug used; and
 The confirmatory test which will confirm a positive screening test.
c. Random testing shall include, either all or a certain number of employees; the means of
selection shall remain confidential.
d. The concerned employees must undergo the drug testing within twenty-four (24) hours
upon receipt of the notice/referral slip from the HRMO. The result from the drug test
conducted after this period shall not be accepted.
e. All information related to drug testing or the identification of person as users of drugs
shall be treated by the Municipality as confidential unless otherwise required by law,
overriding public health and safety concerns, or authorized in writing by the person in
question.

SECTION 7. FUNDING. The Municipal Health Office shall include in its annual budget
appropriation for the drug tests of Municipal Employees and for the implementation of this
ordinance.

SECTION 8. BARANGAY DRUG FREE COMMITTEE. Within 60 days from the effectivity
of this code all Sangguniang Barangays must enact an ordinance to create their own “Barangay
Drug-Free Committee” and the mechanism to ensure that their barangays shall be drug free.

Ord. No. 21-44 s 2022 Page 2


SECTION 9. PENALTIES.
a. Any official or permanent or regular employee found positive of dangerous drugs shall be
subjected to disciplinary/administrative and criminal proceedings. They shall be
immediately dismissed after the release of the confirmatory result.
b. The refusal to undergo drug testing shall be ground for disciplinary and administrative
penalties.

SECTION 10. SEPARABILITY CLAUSE. If any part of this ordinance is declared not valid.
Unconstitutional or unlawful such declaration shall not affect or impaired the remaining
provisions, sections or parts thereof, which shall remain or continue to be in full force and effect.

SECTION 11. REPEALING CLAUSE. All previous ordinance and provisions, particularly
Section 165 of MO 16-01, Series of 2005, inconsistent with this ordinance shall be deemed
repealed or modified accordingly.

SECTION 12. EFFECTIVITY. The ordinance shall take effect, after copies of the ordinance
shall have been posted after ten (10) days in the bulletin board, at the entrance of the Tapaz
Government Center, and in at least two (2) conspicuous places in the Municipality of Tapaz,

ENACTED: By the Honorable Sangguniang Bayan of Tapaz, Capiz on June 13, 2022 on
motion of Hon. Regina E Fancubila unanimously seconded and approved.

I hereby certify to the correctness of the above quoted ordinance duly enacted by the
Honorable Sangguniang Bayan on the date as stated above.

NONA GEVERO VISTA


Sec. to the Sanggunian
ATTESTED AND CERTIFIED:

HON. MA. FE G. GARDOSE


Vice Mayor/Presiding Officer

CONCURRED:
HON. REGINA E. FANCUBILA HON. NERIZA JOY G. SAN FELIX HON. BOB G. GARDOSE
SB Member SB Member SB Member

HON. MARLON C. PEREZ HON. ROMEL G. SOMO HON. LORETO G. GADONG


SB Member SB Member SB Member

HON. MA. IVY A. FUNDAL HON. REYNALDO J. GASIS HON. VERGELIO A. SANTIAGO, SR
SB Member SB Member IP Mandatory Representative

HON. ROY G. PALOMAR HON. FRITZEN ROSE C. CORROS


Liga Fed. President Pambayang Pederasyon ng mga SK President

APPROVED:

HON. ROBERTO O. PALOMAR


Mayor
ATTESTED:

NONA GEVERO VISTA


Sec. to the Sanggunian Date

Ord. No. 21-44 s 2022 Page 3

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