Mandatory drug testing could be implemented soon for all officials and employees of local government units, as well as job applicants, as part of the guidelines on the Drug-Free Workplace policy compliance.
In a draft, unsigned memorandum circular published in its website last week, the Department of the Interior and Local Government (DILG) sought feedback from LGUs on the guidelines to be adopted and implemented in various community sectors.
Aside from reminding all Sanggunians to enact their respective ordinances mandating the establishment of the policy in all provinces, cities, municipalities and barangays, the proposed circular calls on LGUs to conduct mandatory pre-employment drug testing which shall remain a requirement for initial entry to government service.
“Any applicant found positive for drug use shall be denied entry to government service,” it stressed.
The Drug-Free Workplace Policy of the LGU, the DILG stated, shall include the conduct of frequent but random drug testing, which shall cover all elective and appointive officials and employees, as well as Contract of Service (COS) and Job Order (JO) workers.
The authorized drug testing shall be conducted only by a drug testing laboratory accredited by the Department of Health (DOH). In case of a negative test result, no further action would be needed.
However, a positive drug test result from the confirmatory test shall be immediately made known to the LCE, who shall notify the public officer concerned.
The officer shall have 15 days from receipt of notice to challenge the confirmatory test, with the costs of the challenge test to be borne by the concerned officer.
A positive drug test result from the challenge test would be deemed final and the concerned officer shall be subjected to administrative proceedings.
On the other hand, failure to file a challenge within the prescribed period shall make the positive result from the confirmatory drug test final, with the LCE to take appropriate action.
Only the local chief executive and the members of a Drug-Free Workplace Committee and Assessment Team shall have access to the results, which shall be kept strictly confidential.
The draft circular also mandates LGUs to develop and implement counterpart policies, programs and activities for the DFW Program, aligned with the Healthy Workplace Framework; conduct and support campaigns and other social mobilization activities for both public and private workplaces; monitor the implementation of health promotion interventions in the workplace setting at the local level; maintain a drug-free workplace; and ensure the creation of a sustainable Employee Assistance Program.
“Any governor, mayor or punong barangay who fails to formulate or implement a DFW Policy shall be penalized under R.A. 9165 Article II, Section 32,” it states, with the Philippine Drug Enforcement Agency (PDEA) to cause the filing of the cases.
An administrative offense for Grave Misconduct shall be filed against any appointive officer who refuses, without valid reason, to submit to authorized drug testing or is found positive for drug use after the conduct of a confirmatory test.
An elective official who commits the same violation shall be subject to disciplinary action for misconduct in office pursuant to Section 60 of the Local Government Code and Article 124 (3) of its Implementing Rules and Regulations.
Tampering with the result of a drug test, interfering with the conduct of the drug test or in the release of the results or violated the confidentiality of the records shall lead to the filing of an administrative charge for grave misconduct.
On the other hand, any public officer who violates the provisions of Article II of RA 9165, which penalizes the importation, manufacture, sale, transport, and use of dangerous drugs, among others, shall be charged with grave misconduct, without prejudice to the filing of criminal charges.
In the past months, two employees of the Virac municipal government were arrested for the sale and possession of shabu in separate anti-drug operations conducted by the Catanduanes police.