ARTICLE V OF REPUBLIC ACT NO. 9165 - A DRUG FREE WORKPLACE – IS A MUST

Pursuant to Article V of Republic Act No. 9165 or 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 in the Private Sector), the following policies and programs must be adopted to achieve a drug-free workplace:

COVERAGE

This law applies to all establishments in the private sector, including contractors and concessionaires.

COMPONENTS

Advocacy, Training and Education – employees should be kept aware and educated about the dangers of using drugs including its consequences.

Drug Testing – random drug testing should be done in accordance with the company’s rules and regulation in order to avoid or lessen the risk in the workplace.

Treatment, Rehabilitation and Referral – this option is given only to officers and employees who are diagnosed with drug dependence for the first time, or who turn to the Assessment Team for assistance, or who would benefit from the treatment and rehabilitation.

CONSEQUENCES OF POLICY VIOLATIONS

1.       Any officer or employee who violated or 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.