Drug-Free Workplace Sample Policy Pursuant to DOLE Requirements
Drug-Free Workplace Policy should be set up in accordance with the provisions of Section 47, Article V, Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, and the Department Order No. 53-03, “Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector” issued by the Department of Labor and Employment (DOLE).
The policy should express the company’s adoption of the measures for prevention of drug abuse in the workplace and the procedures of resolution and disposition of such cases.
In the case of Mirant (Philippines) Corporation vs. Caro (G.R. No. 181490 April 23, 2014), the Supreme Court held that it is beyond debate that corporation’s enforcement of its Anti-Drugs Policy is an exercise of its management prerogative. It is also a conceded fact that respondent “failed” to take the random drug test as scheduled, and under the said company policy, such failure metes the penalty of termination for the first offense. A plain, simple and literal application of the said policy to the omission of respondent would have warranted his outright dismissal from employment – if the facts were that simple in the case at bar. Beyond debate – the facts of this case are not – and this disables the Court from permitting a straight application of an otherwise prima facie straightforward rule if the ends of substantial justice have to be served.
The random drug testing inside the company is not in violation of the right to privacy. The employees’ privacy
interest in an office is to a large extent circumscribed by the company’s work policies, the collective bargaining agreement, if any, entered into by management and the bargaining unit, and the inherent right of the employer to maintain discipline and efficiency in the workplace. Their privacy expectation in a regulated office environment is, in fine, reduced; and a degree of impingement upon such privacy has been upheld. (See Social Justice Society [SJS] vs. Dangerous Drugs Board, G.R. No. 157870, November 3, 2008)
The SC held further that taking into account the foregoing factors, i.e., the reduced expectation of privacy on the part of the employees, the compelling state concern likely to be met by the search, and the well – defined limits set forth in the law to properly guide authorities in the conduct of the random testing, we hold that the challenged drug test requirement is, under the limited context of the case, reasonable and, ergo, constitutional. (Social Justice Society [SJS] vs. Dangerous Drugs Board, G.R. No. 157870, November 3, 2008)
This policy is one of those required by the DOLE during inspection. To make it easier for companies/employers, a softcopy template of the Drug-Free Workplace Policy is made available here. It is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 6 pages of 8.5”x13” layout.
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy
- Definition of Terms
- Employee
- Assessment Team
- Screening Test
- Implementing Guidelines
- Involvement of Critical Departments in the Implementation
- Education and Awareness Program
- Random Drug Testing
- Implementation and Evaluation
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