BoardRoom Discussions

Below are provisions of the law, Republic Act 9165, requiring legally registered corporations to promote a drug free company.

Art. 3 Sec 36

“Officers and employees of public and private offices, whether domestic or overseas, shall be subject to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law”.

Art. 5 Sec. 47

“It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote, and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace and in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations”.

With this law, employees can not invoke their right to privacy neither human rights violation. As long as they are employed,  employer’s are required to conduct  drug testing to all employees either annually or random.

Companies, however, should first formulate a policy consistent with the provision of the law that will define the handling of employees found to be positive of dangerous and/or illegal substances. This include

• Information campaign
• Administrative Procedure
• Rehabilitation and Counseling