Guidelines on random drug tests out for gov’t work force

by Kristine Joy V. Patag, Businessworld, Apr 4, 2017

THE Civil Service Commission (CSC), in a resolution dated March 15, has released guidelines on random, mandatory drug testing for government employees who may face suspension should they be found positive of drug use.

“These guidelines aim to ensure that government agencies remain drug-free by subjecting public officials and employees to a random mandatory drug test, as a condition for continuous employment,” the CSC said in its resolution. The new guidelines are also in line with the Duterte administration’s campaign against illegal drugs.

The Commission also cited Section 36 (d) of Republic Act (RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, which provides that “officers and employees of public offices shall be subjected to undergo a random drug test and any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the pertinent provisions of the Civil Service Law.”

Aside from a requisite pre-employment drug test, constitutional bodies, departments, bureaus and agencies of the national government, local government units, government-owned and/or controlled corporations, and state and local universities and colleges shall conduct a mandatory random drug testing on all public officials and employees, six months from the effectivity of the guidelines.

Succeeding random drug tests will be upon the discretion of the concerned agencies, but “shall be periodically conducted in an interval not to exceed two years.”

Should an employee test positive, the results will be immediately made known to the head of the agency, who will issue a notice to that employee. The said employee will be given 15 days upon receipt of notice to challenge the test results.

“Failure to file a challenge within the prescribed period shall make the positive drug test result from the confirmatory test final and the office/agency shall then take the appropriate action as provided,” the CSC said.

A Drug Dependency Examination by the Department of Health (DoH) will also be conducted following a positive test result. Treatment shall be given to the employee, depending on any of these results of the examination:

a. Experimenter — outpatient, guidance counseling for six months

b. Occasional User — outpatient, guidance counseling and regular monthly drug testing for six months which shall be at the personal expense of public official or employee concerned

c. Chronic User/Drug Dependent — mandatory continuous treatment and rehabilitation for a minimum period of six months in a government center, or through a community rehabilitation center, a DoH-accredited private rehabilitation program sanctioned under the rules of the Dangerous Drugs Board

Employees who refuse to undergo treatment; or those who fails to submit to rehabilitation shall be charged with Grave Misconduct. Those who test positive but refuse to undergo rehabilitation shall be slapped with the charge of Gross Insubordination.

“Officials and employees caught using or peddling drugs shall be charge (d) with the administrative offense of Grave Misconduct, without prejudice to the filing of appropriate criminal charge/s under R.A. 9165 and other pertinent laws,” the CSC said.

The order was published on newspapers on April 3 and will take effect 15 days after publication. —