ANNEX B –DRUG-FREE WORKPLACE POLICY AND PROGRAM

POLICIES AND PROCEDURES

POLICY TITLE: Policy No. No. of
Pages:
9
POLICY AND PROGRAM ON DRUG-
FREE WORKPLACE
Effectivity Date: Date Issued:
03 Aug 2023 03 Aug 2023
Supersedes Policy dated :
N/A

DRUG-FREE WORKPLACE POLICY AND

PROGRAM

In compliance with Article V of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, and its Implementing Rules and
Regulations and DOLE Department Order No. 53-03, series of 2003 (Guidelines for the
Implementation of a Drug-Free Workplace Policies and Programs for the Private
Sector), (COMPANY NAME) hereby adopts the following policies and programs to
achieve a drug-free workplace:

DEFINITION OF TERMS

 Assessment Team – will be composed of the members of the Safety and Health
Committee.

 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 the screening test. It refers to the second or further analytical
procedure to more accurately determine the presence of dangerous drugs in a
specimen.

 Dangerous Drugs - include those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances

 Near Miss – an incident arising from or in the course of work which could have led
to injuries or fatalities of the workers and/or considerable damage to the company
had it not been curtailed.
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 Random Drug Test – refers to unannounced schedule of testing with each worker
having an equal chance of being selected for testing. The policy on the conduct of
random drug test should be known to employees. Drug test means the scientific
analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the
human body for the purpose of detecting a drug.

 Screening Test – a rapid test performed to establish potential/presumptive

positive result. It refers to the 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.

 Treatment, Rehabilitation and Counseling – the dynamic process, including

after-care and follow- up treatment, directed towards the physical,
emotional/psychological, vocational, social and spiritual change/enhancement of a
drug dependent to enable him to live without dangerous drugs, enjoy the fullest life
compatible with his capabilities and potentials and render him able to become a
law-abiding and productive member of the community.

 Use – any act of injecting, intravenously or intramuscularly, of consuming, either by

chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing
into the physiological system of the body, any of the dangerous drugs.

 Work Accident – shall mean an unplanned or unexpected occurrence that may or

may not result in personal injury, property damage, work stoppage or interference
or any combination thereof of which arises out of and in the course of employment.

 Workplace – means the office, meeting venues or worksite.

I. COMPANY POLICY ON DRUG-FREE WORKPLACE

(COMPANY NAME) explicitly prohibits:

● The use, possession, solicitation for, or sale of dangerous drugs on

company premises or while performing an assignment.

● Being impaired or under the influence of dangerous drugs away from the
company, if such impairment or influence adversely affects the employee's
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work performance, the safety of the employee or of others, or puts at risk the
company's reputation.

● Possession, use, solicitation for, or sale of dangerous drugs away from

the company premises, if such activity or involvement adversely affects the
employee's work performance, the safety of the employee or of others, or
puts at risk the company's reputation.

● The presence of any detectable amount of dangerous drugs in the

employee's system while at work, while on the premises of the company, or
while on company business. "Dangerous Drugs" include those listed in the
Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances as enumerated in the
attached annex of R.A. 9165.

II. COMPANY PROGRAM ON DRUG-FREE WORKPLACE

A. MANDATORY DRUG TEST

1. To ensure that only those qualified shall be screened and recruited to

prevent the detrimental effects (e.g. lower productivity; poor decision
making; increased accidents; more compensation claims; and reduced
team effort) which drug use and abuse may cause in the workplace, the
conduct of mandatory drug test shall be required for pre-employment. (any
DOH accredited drug testing center)

2. (COMPANY NAME) designates Makati Medical Center, Sacred Heart of

Malolos Hospital, and Medicus Medical Center, duly accredited drug
testing centers by the Department of Health (DOH), as its authorized drug
testing laboratory for regular employees with one (1) year of continuous
service.

3. (COMPANY NAME)may also conduct drug testing under any of the

following circumstances:

i. RANDOM TESTING: Officer/employees may be selected at

random for drug testing at any interval determined by the Company.

ii. FOR-CAUSE TESTING: The company may ask an

officer/employee to submit to a drug test at any time it feels that the

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employee may be under the influence of drugs, including, but not limited
to, the following circumstances: evidence of drugs on or about the
employee's person or in the employee's vicinity, unusual conduct on the
employee's part that suggests impairment or influence of drugs, negative
performance patterns, or excessive and unexplained absenteeism or
tardiness.

iii. POST-ACCIDENT TESTING: Any officer/employee involved in a

“Near-Miss” incident or “Work Accident” under circumstances that
suggest possible use or influence of drugs may be asked to submit to a
drug test. As defined herein, “Near-Miss” means an incident arising from
or in the course of work which could have led to injuries or fatalities of the
workers and/or considerable damage to the employer had it not been
curtailed. “Work Accident” refers to unplanned or unexpected occurrence
that may or may not result in personal injury, property damage, work
stoppage or interference or any combination thereof of which arises out
of and in the course of employment.

4. All drug tests shall employ, among others, two (2) testing methods, the
screening test which will determine the positive result as well as the type
of the drug used and the confirmatory test which will confirm a positive
screening test. 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.
.
5. (COMPANY NAME) shall inform the officer/employee who was subjected
to a drug test of the test-results whether positive or negative.

6. All costs of drug testing shall be borne by (COMPANY NAME)

B. TREATMENT, REHABILITATION, AND REFERRAL

1. An officer/employee who, for the first time, is found positive of drug use,
shall be referred for treatment and/or rehabilitation in a DOH accredited
center. For this purpose, (COMPANY NAME) shall provide a list of at least
three (3) accredited facilities which an employee who was tested positive
for drugs may choose from.

2. Following rehabilitation, the company’s Assessment Team, in consultation

with the head of the rehabilitation center, shall evaluate the status of the
drug dependent employee and recommend to the employer the
resumption of the employee’s job if he/she poses no serious danger to
his/her co-employees and/or the workplace.
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3. All costs for the treatment and rehabilitation of the drug dependent
employee shall be charged to his account. The period during which the
employee is under treatment or rehabilitation shall be considered as
authorized leaves.

4. 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.

C. ADVOCACY, EDUCATION AND TRAINING

1. (COMPANY NAME)undertakes to increase the awareness and education

of its officers and employees on the adverse effects of dangerous drugs
through continuous advocacy, education and training programs/activities
to all its officers and employees.

2. All officers and employees are required to undergo an

orientation/education program before assumption of their respective
duties. The program shall include the following topics:

i. Salient features of R.A. 9165;

ii. Adverse effects of abuse and/or misuse of dangerous drugs
on the person, workplace, family and the community;
iii. Preventive measures against drug abuse; and
iv. Steps to take when intervention is needed, as well as available
services for treatment and rehabilitation.

3. To encourage all officers and employees to lead a healthy lifestyle while at

work and at home, (COMPANY NAME) undertakes to conduct the
following activities as often as possible:

i. Lifestyle assessment programs on health nutrition, weight

management, stress management, alcohol abuse, smoking
cessation, and other indicators of risk diseases;
ii. Health wellness screenings (e.g. blood pressure and heart
rate, cholesterol test, blood glucose, etc.);
iii. Sports, recreational and fun-game activities; and
iv. Other activities promoting health and wellness.

D. ROLES, RIGHTS AND RESPONSIBILITIES OF EMPLOYER AND

EMPLOYEES

1. (COMPANY NAME) shall ensure that the workplace policies and

programs on the prevention and control of dangerous drugs, including

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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.
.
2. (COMPANY NAME) 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.

3. All officers and employees shall enjoy the right to due process, absence of
which will render the referral procedure ineffective.

E. CONSEQUENCES OF POLICY VIOLATIONS

1. Any officer or employee who uses, possesses, distributes, sells or

attempts to sell, tolerates, or transfers dangerous drugs or otherwise
commits other unlawful acts as defined under Article II of RA 9165 and its
Implementing Rules and Regulations shall be subject to the pertinent
provisions of the said Act.

2. Any officer or employee found positive for use of dangerous drugs shall be
dealt with administratively in accordance with the provisions of Article 282
of Book VI of the Labor Code and under RA 9165.

F. MONITORING AND EVALUATION

The implementation of these policies and programs shall be monitored

and evaluated periodically by management to ensure a drug-free
workplace. For this purpose, an Assessment Team shall be constituted in
accordance with D.O. 53-03.

G. EFFECTIVITY

The provisions of these policies and programs shall be immediately

effective after approval by the management and shall be made known to
every employee.

HR Manager | Safety Officer 2 Managing Director

WE CONCUR ___________________
Employees’ Representative

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Witnesses:
________________ ____________ ______________
________________ ____________ ______________

Date: __________________

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