DOLE reminds employers to conduct random drug tests

MANILA, Philippines - In support of the government’s campaign against illegal drugs, the Department of Labor and Employment yesterday reminded employers to conduct random drug testing in the workplace.

DOLE Secretary Silvestre Bello III said establishments should strictly comply with the agency’s Department Order 53-03 or the Guidelines for Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector.

“This department order, which calls for random drug testing of employees, applies to all establishments in the private sector, including their contractors and concessionaires,” Bello said.

Bello said 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, monitoring and evaluation.

“As required under the DO, a 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,” he added.

DOLE’s Bureau of Working Conditions reported that of the 36,002 establishments assessed under the Labor Laws Compliance System, 29,607 or 82.24 percent were found to have drug-free workplace policies in place.

Establishments that have yet to comply with the policy can request for assistance from DOLE regional offices and their respective labor law compliance officers in crafting the program guidelines as mandated by DO 53-03.

DOLE enjoins establishments with less than 10 workers to formulate and adopt drug-free policies and programs.

The DOLE drug-free workplace policy and program cites two circumstances wherein employers can subject their employees to a mandatory drug test. These are the “for cause testing” and the “post-accident testing.”  

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

The “post-accident testing’ is allowed in two situations: “near miss” and “work-accident.”

“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.

The “work-accident” circumstance 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 should employ the screening and confirmatory tests. When the confirmatory test turns out positive, the company’s assessment team should evaluate the results and determine the level of care and administrative interventions that can be extended to the concerned employee.

Bello said that under the rules, officials or employees who fail the drug test should not be dismissed from work right away.

Those who tested positive for the first time should be referred for treatment and/or rehabilitation at a Department of Health accredited center.