Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN Department (kl Justice

Manila

VNA-DC-05116

DEPARTMENT CIRCULAR NO. n 7 To Undersecretaries/Assistant Secretaries

Heads of Concerned Attached Agencies Prosecution Staff of the Office of the Secretary Regional/City/Provincial Prosecution Offices Chiefs of Service/Staff in the Office of the Secretary All Concerned

Subject

INSTITUTIONALIZATION OF THE "DRUG-FREE WORKPLACE POLICY" and ADOPTION OF "GUIDELINES IN THE CONDUCT OF DRUG TESTING PROGRAM" IN THE DEPARTMENT OF JUSTICE

Date 05 September 2016

1.0 Reference

The Department of Justice, as the principal law agency of the government, hereby undertakes to institutionalize its "Drug-Free Workplace Policy" and to adopt these "Guidelines in the Conduct of Drug Testing Program" pursuant to the provisions of the following laws and regulations:

1.1 Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002" and its Implementing Rules and Regulations.

1.2. Office of the President of the Philippines, Memorandum Circular No. 89, dated 17 December 2015, entitled "Implementation and Institutionalization of the National Anti-Drug Plan of Action".

1.3 Dangerous Drugs Board (DDB) Board Regulation No. 2, dated 26 March 2004, entitled: "Guidelines for the Formulation and Implementation of a Drug-Free Workplace Program and the Conduct of Authorized Drug Testing by All Offices, Bureaus and Agencies of the National and Local Governments, Government-Owned and Controlled Corporations and other Institutes of Learning Including the State Colleges and Universities".

1.4 Civil Service Commission (CSC) Memorandum Circular No. 13, series of 2010 with reference to CSC Resolution No. 101359 dated 06 July 2010 on the subject, "Guidelines for a Drug-Free Workplace in the Bureaucracy".

DRUG-FREE WORKPLACE POLICY

2.0 Purpose

To promote a safe and healthy drug-free work environment as well as to prevent drug abuse in the workplace through an institutionalized "Drug-Free Workplace Policy" and effective drug testing program which shall be carried out not to harass but rather, to prevent the entry of illegal drugs and the abuse thereof in the Department.

3.0 Policy Statement

It is the policy of the Department to protect its offices and safeguard the well-being of its officials and employees from the harmful effects of dangerous drugs and the threats posed by drug abuse in the workplace.

Toward this end, the Department shall adopt and implement an effective anti-drug abuse programs, projects and activities to include, among others, advocacy, education, trainings, general health and welfare programs and the conduct of drug testing in the workplace.

4.0 Coverage

This policy and guidelines shall apply to all officials and employees of the Department, regardless of status or position and to include those who will apply for positions in the DOJ in accordance with Civil Service rules and regulations.

All officials and employees of the following attached agencies which are under the administrative supervision of the Secretary of Justice are likewise covered by this policy and these guidelines:

Bureau of Corrections (BuCor) Bureau of Immigration (BI) Board of Pardons and Parole (BPP) National Bureau of Investigation (NBI) Parole and Probation Administration (PPA) Presidential Commission on Good Government (PCGG) Land Registration Authority (LRA) Office of the Government Corporate Counsel (OGCC)

2

5.0 Definition of Terms

5.1 Authorized Drug Test - The testing done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. It shall employ, among others, two (2) testing methods, the screening and confirmatory tests. The examination of a person's urine specimen to determine the presence of dangerous drugs shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH.

5.2 Center — Any of the treatment and rehabilitation centers which undertake treatment, aftercare and follow-up treatment of drug dependents. It includes institutions, agencies and the like whose purposes are: the development of skills, arts and technical know-how, counseling and/or inculcating civic, social and moral values to drug dependent patients, with the aim of weaning them away from dangerous drugs and keeping them drug-free, adapted to their families and peers and readjusted into the community as law abiding, useful and productive citizens.

5.3 Confirmatory Drug Test - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen, which shall likewise be done by any government laboratory or by privately owned and operated drug testing laboratories accredited and monitored by the DOH having confirmatory test capabilities.

5.4 Dangerous Drugs - Include those listed in the attached annex which is an integral part of RA 9165, as amended from time to time.

5.5 Drug Test Certificate - A declaration/statement of the result of the drug test issued by accredited drug testing centers. It shall be valid for a one-year period from the date of issue and which may be used for other purposes, as referred to in Section 36, Article III of R.A. 9165.

5.6 "For Cause" or" Probable Cause" Drug Test - Druc testing required when there is a "probable cause" or "reasonable grotaid" to believe that a person is using or is under the influence of dangerus drugs.

5.7 Mandatory Drug Test - Compulsory submission of an employee for drug testing as required by RA 9165 and by the Depart nt's internal rules and regulations.

3

5.8 Random Drug Test - Subjection of personnel for drug testing as selected following no specific pattern and without prior notice/information.

5.9 Rehabilitation — A dynamic process including aftercare and follow-up treatment directed towards the physical, emotional/psychological, vocational, social and spiritual change of a drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest life compatible with his/her capabilities and potentials and render him/her able to become a law abiding and productive member of the community.

5.10 Screening Drug Test - A rapid drug test performed to establish potential or presumptive positive result. It refers to the immunoassay test to eliminate a "negative" specimen, i.e., one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test.

5.11 Treatment — Medical service rendered to a patient for the effective management of physical and mental conditions arising from his/her drug use.

5.12 Workplace — a place where work is usually performed.

6.0 Responsibilities of the Office/Agency under the Policy

6.1. Adopt a continuing and sustainable substance abuse awareness program to inform its employees about:

6.1.1 Its policy of maintaining a drug-free workplace; 6.1.2 The dangers posed by the abuse of dangerous drugs; and 6.1.3 The consequences, penalties, and administrative sanctions in

violation thereof.

6.2. Conduct various activities to encourage their respective employees to lead a healthy lifestyle while at work and at home, such as:

6.2.1 Lifestyle assessment programs on health, nutrition, weight management, stress management, alcohol abuse, smoking cessation and other indicators of risk diseases;

6.2.2 Health wellness screenings (e.g., blood pressure and heart rate, cholesterol test, blood glucose, etc.);

6.2.3 Sports, recreational and fun-game activities; and 6.2.4 Other activities promoting health and wellness.

4

6.3 Distribute a copy of the Policy and Guidelines to each employee;

6.4. Create a Drug-Free Workplace Committee or Assessment Committee; and

6.5. Display a Billboard at a strategic place in the office with the message: "THIS IS A DRUG FREE WORKPLACE. LETS KEEP IT THAT WAY."

7.0 Responsibilities of the Employees and the Officials of the Office/Agency

7.1 Any government employee must never possess and/or use dangerous drugs and other substances of abuse.

7.2 Any government employee must not directly or indirectly sell, give, provide or administer any dangerous drugs and/or other substance of abuse to his/her co-employees or others and/or to commit or abet/aid in the commission of any unlawful acts penalized under RA 9165.

7.3 The officials and employees must faithfully abide by the terms of this Policy and the Guidelines as a condition for continued employment.

7.4 The employees must voluntarily seek treatment and rehabilitation if they have problems related to dangerous drugs.

7.5 To advocate against drug abuse.

7.6 To help maintain a drug free workplace.

8.0 Composition, Duties and Resposibilities of the Committee

8.1 The Drug-Free Workplace Committee or Assessment Committee shall be composed of the following:

8.1.1 Head of Office or Representative 8.1.2 Representative of the Employees' Union/Association 8.1.3 Head of the Personnel Department or Representative 8.1.4 Head of the Medical Department or Representative

8.2 The Committee shall undertake the following duties and responsibilities:

8.2.1 To oversee the formulation and implementation of the drug abuse policy in the agency;

8.2.2 Initiate training programs for supervisors;

5

8.2.3 Initiate continuing education and awareness program for the employees; and

8.2.4 Initiate and adopt value formation, family enhancement and such other related and relevant programs.

GUIDELINES ON DRUG TESTING PROGRAM

9.0 Authorized Drug Test Procedures

The authorized drug test is the testing done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the Department of Health (DOH) to safeguard the quality of test results. It shall employ, among others, two (2) testing methods: the screening test which will determine the positive result as well as the type of drug used and the confirmatory test which will confirm a positive screening test.

10.0 Mandatory Drug Test

Mandatory dr ug test is the compulsory submission of an official or employee for drug testing under the law which is conducted in any of the following instances, to wit:

10.1 Pre-employment 10.2 Persons in high-risk/decision-making positions to include among others,

the following:

Secretary of Justice Undersecretaries Assistant Secretaries Prosecutor General Senior Deputy State Prosecutor Regional/Provincial/City Prosecutors and their Deputies Chief State Counsel Assistant Chief State Counsel Heads of DO] Attached Agencies/Offices Heads of Departments/Services (Technical, Administrative,

Financial, PMS, IAS)

10.3 Past history of drug use 10.4 Involvement in accidents 10.5 Discovery of dangerous drugs/drug paraphernalia in their persons or

workstations 10.6 Detention by police/filing of charge in court for drug-related cases 10.7 As a requirement for promotion

6

10.8 Employees reporting to work after undergoing rehabilitation in a treatment and rehabilitation center

11.0 Random Drug Test

Random drug test is the subjection of personnel for drug testing:

11.1 Without prior notice or information of the date and venue of the drug test;

11.2 On selected employees chosen by the Committee until all officials and employees have undergone the test; and

11.3 Under random selection process or procedure with no specific pattern.

11.4 Regardless of whether the personnel had just undergone random drug test, the same shall also be conducted "for cause" or "probable cause" when there is reasonable ground to believe that a random drug test is necessary, e.g.:

11.4.1 Attendance — frequent unauthorized absences, repeated tardiness, truancy from the job

11.4.2 Personal Appearance — slurred speech, bloodshot eyes, drastic change in appearance, etc.

11.4.3 Mental Factor — hot-headedness, irritability, increased difficulty in handling assignments, etc.

11.4.4 General Performance — missed deadlines, low productivity, increased wastage, public complaints, frequent accidents, carelessness, etc.

11.4.5 Peer Relations — isolation, frequent quarrels with officemates, heavy borrowing, frequent mood swings, etc.

12.0 Procedure in the Conduct of the Random Drug Test in the Workplace

12.1 The Committee will notify the randomly selected officials or employees to undergo a urine test to the venue specified by the Committee. (Annex A. Notice of Drug Testing)

12.2 The selected officials/employees must immediately report for the drug test. Thus, the date of the drug testing in the Notice should be the same date the Notice was tendered to the officials or employees.

12.3 If the concerned official or employee refuses to acknowledge receipt of the Notice, the notice server shall leave a copy of the Notice to the said official or employee and execute an affidavit attesting to the fact that the

7

Notice was served but the official or employee refused to acknowledge its receipt. (Annex B: Affidavit of Service)

12.4 The drug test shall be conducted by any government drug testing laboratory or by any drug-testing laboratory accredited and monitored by the Department of Health (DOH).

12.5 The selected officials/employees shall fill-up and sign the consent and chain of custody form issued to them.

12.6 The urine specimen bottles must be properly labeled to contain the name, ID number, employment number, position, date and the time when the urine sample was taken.

12.7 The urine sampling must be done in an area where manipulation (e.g. adding water) is not possible.

12.8 The urine specimen/sample which tested positive after the screening test must be properly labeled and must be kept separately from the samples that tested negative for dangerous drugs.

12.9 All urine samples which tested positive must be submitted for confirmatory testing to a laboratory of choice of the Committee having the confirmatory capability using the same urine sample.

12.10 After the confirmatory test, the same urine sample must be kept for the purpose of challenging the result.

12.11 After the test is conducted, a drug test result shall be issued by the drug testing laboratory directly to the Committee and not to the person so tested.

12.12 The result of the drug test must be signed by the authorized signatory of the laboratory, the employee/official concerned and a witness.

12.13 No further action is needed when the result is negative. The Drug Test Certificate is good for one (1) year and could be used for other purposes.

13.0 Procedure in Handling a Positive Result After Confirmatory Test

13.1 If a urine sample has tested positive for dangerous drugs after a confirmatory test, such result shall immediately be made known to the Committee Chairman or to the Secretary.

8

13.2 Upon receipt of the result, the same shall be made known to the employee/official concerned.

13.3 The Department shall then take the appropriate action in accordance with the Drug-Free Workplace Policy.

13.4 All records must strictly be held confidential as provided for under the pertinent provisions of RA 9165.

14.0 Monitoring

The Department through the Committee shall submit to the Dangerous Drugs Board a yearly compliance report on the drug testing activities conducted. The report shall include the number of personnel who have already undergone testing, the dates and the names of drug testing laboratories that conducted the test.

15.0 Confidentiality of records

15.1 All results of the drug test conducted by drug testing laboratories shall remain strictly confidential.

15.2 Government officials, employees and/or any person who breach the confidentiality of any drug test result shall be charged in accordance with Section 72 of RA 9165.

16.0 Funding/Cost Requirements

The initial cost of the drug testing shall be funded in the current budget of the Department, or the concerned attached agencies. The succeed Wig funding requirement shall be included in the annual budgetary appropriation.

17.0 Administrative Interventions

17.1 Any official or employee found positive for use of dangerous drugs shall be subjected to disciplinary/administrative proceedings with a penalty of dismissal from the service at first offense pursuant to Sec. 46 (b) (19) of Book V of E.0 292 and Section 22 (c) of its Omnibus Rules.

17.2 Non-submission of any official or employee for the annual authorized drug testing may be dealt with administratively and shall be a ground for misconduct in office.

17.3 Within three (3) days from the supposed conduct of the subject drug testing, the Commiittee shall require the official or employee to explain his

9

refusal to submit himself/herself to the authorized drug testing within a non-extendible period of three (3) days. Failure of the official or employee to submit his/her justification, shall likewise be a ground for administrative sanction. Thereafter, the Committee shall submit a report to the Secretary of this Department.

17.4 Any member of the Committee or official or employee of the Department who shall prematurely disclose the date, venue, the drug testing center/laboratory and the name of the employee/official to be subjected to random drug testing shall be dealt with in accordance with the CSC rules and regulation, R.A 9165 and RA 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees".

18.0 Affirmation and Commitment to the Guidelines

Al! officials and employees of the Department and attached agencies shall read this "Drug-Free Workplace Policy" and these "Guidelines on Drug Testing Program" and sign the Confirmation/Affirmation and Commitment to the Policy/Guidelines. (Annex C)

19.0 Effectivity

This Policy and these Guidelines shall take effect immediately and shall remain in force until further orders.

vITAuArizq,a. AGUIRRE H Sec tary

Department of Justice CN : 0201609054

11111111

10

ANNEX A

NOTICE OF RANDOM DRUG-TESTIN

Name Position/Office :

Pursuant to Department Circular No. [I] dated [e],you are hereby instructed to undergo drug-testing and report to the following drug-testing laboratory on the specified date and time:

Laboratory Date Time

Chairman, Drug-Free WorkplaCe Committee

Received by:

(Signature over printed name) (Date)

11

ANNEX B Republic of the Philippines) City of )S.S.

AFFIDAVIT OF SERVICE

, of legal age, an employee of the Department of Justice, Manila, Philippines, after having been duly sworn in accordance with law, hereby depose and say:

That I was tasked to serve the Notice of Random Drug Testing conducted under the auspices of the Drug-Free Workplace Committee of the Department;

That in my aforementioned capacity, I personally served a copy of the said Notice on [0] to [0] who was scheduled to undergo drug testing on the day, time and place indicated in the Notice. A copy of the said Notice is hereto attached.

That the said official or employee, while present and within the premises of his designated workstation, refused to acknowledge receipt of the Notice. Nonetheless, I left a copy of the Notice to the said official or employee.

IN WITNESS WHEREOF, I have hereunto set my hand this at , Philippines.

Arrant

SUBSCRIBED AND SWORN to before me, this in the City of affiant exhibiting before me his DOJ-issued identification card, issued at with an expiry date of

12

ANNEX C

Confirmation/Affirmation and Commitment to the DO) "Drug-Free Workplace Policy" and "Guidelines on Drug Testing Program"

As an official/employee of the Department of Justice, I hereby certify that I personally received and read the "Drug-Free Workplace Policy"and "Guidelines on Drug TestingProgram" dated and affirm and confirm my commitment to unconditionally abide to all that is provided therein and I shall be answerable to the Department for whatever violation that I may commit.

Name of Official/Employee

Signature of Official/Employee

Date Received

Attested by the Employee

Perrsonally Serving the

Policy/Guidelines with his/her Signature

13