August 14, 2003

DOLE DEPARTMENT ORDER NO. 053-03

GUIDELINES FOR THE IMPLEMENTATION OF A DRUG-FREE WORKPLACE POLICIES

AND PROGRAMS FOR THE PRIVATE SECTOR

In accordance with Article V of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, and its Implementing Rules and
Regulations and in consultation with the Tripartite Task Force created under DOLE
Department Order No. 37-03, s 2002 (Tripartite Task Force), the following guidelines
are hereby issued to assist employers and employees in the formulation of company
policies and programs to achieve a drug-free workplace.
A. COVERAGE
1. These guidelines shall apply to all establishments in the private sector,
including their contractors and concessionaires.
B. FORMULATION OF DRUG-FREE WORKPLACE POLICIES AND PROGRAMS
1. It shall be mandatory for all private establishments employing ten (10) or
more workers to formulate and implement drug abuse prevention and
control programs in the workplace, including the formulation and adoption
of company policies against dangerous drug use. Establishments with
less than ten (10) workers are also encouraged to formulate and adopt
drug-free policies and programs in the workplace.
2. The workplace policies and programs shall be prepared jointly by
management and labor representatives and shall be made an integral part
of the company's occupational safety and health and related workplace
programs.
3. In organized establishments, the workplace policies and programs shall be
included as part of the Collective Bargaining Agreements.
4. Assistance in the formulation and implementation of a Drug-Free
Workplace Policies and Programs may be sought from the Tripartite Task
Force (see Annex 1), through the Occupational Safety and Health Center.
The Regional O ces of the DOLE shall serve as focal center in their
respective areas of jurisdiction in providing information on RA No. 9165
and on the prevention and control of drug abuse in the workplace.
C. COMPONENTS OF A DRUG-FREE WORKPLACE POLICIES AND PROGRAMS
1. Workplace policies and programs on drug abuse prevention and control to
be adopted by companies shall include, among others, the following
components:
a) Advocacy, Education and Training
i. Employers shall be responsible for increasing awareness and
education of their o cers and employees on the adverse
effects of dangerous drugs as well as the monitoring of
employees susceptible to drug abuse. Topics which may be
included in the orientation-education program shall include,
among others, the following:
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 • Salient Features of RA 9165 (the Act) and its
Implementing Rules and Regulations (IRR)
• The Company policies and programs on drug-free
workplace
• Adverse effects of abuse and/or misuse of dangerous
drugs on the person, workplace, family and the
community
• Preventive measures against drug abuse
• Steps to take when intervention is needed, as well as the
services available for treatment and rehabilitation.
ii. Employers are enjoined to display a billboard or streamer in
conspicuous places in the workplace with standard message
like "THIS IS A DRUG-FREE WORKPLACE; LET'S KEEP IT THIS
WAY!" or such other messages of similar import.
iii. Curicula developed by the Task Force shall be used as widely
as possible for awareness raising and training. May be
accessed through the OSHC website (www.oshc.dole.gov.ph)
iv. Training on prevention, clinical assessment, and counseling of
workers and other related activities shall be given to
occupational safety and health personnel, the human
resources manager and the employers and workers
representatives. These trained personnel shall form part of an
Assessment Team which shall address all aspects of drug
abuse prevention, treatment and rehabilitation.
v. In the absence of such capability, particularly in small
establishments, DOLE shall, to the extent possible, provide
relevant information on experts and services in their localities.
vi. In the context of their Corporate Social Responsibility
Programs, employers are encouraged to extend drug abuse
prevention advocacy and training to their workers' families
and their respective communities.
b) Drug Testing Program for Officers and Employees
i. Employers shall require their o cials and employees to
undergo a random drug test (as de ned in Annex 2) in
accordance with the company's work rules and regulations
for purposes of reducing the risk in the workplace. Strict
con dentiality shall be observed with regard to screening and
the screening results.
ii. Drug testing for teaching and non-teaching staff in private
schools shall be in accordance with the guidelines provided
by DepED, CHED and TESDA.
iii. Drug testing shall conform with the procedures as prescribed
by the Department of Health (DOH) (www.doh.gov.ph). Only
drug testing centers accredited by the DOH shall be utilized. A
list of the accredited centers may be accessed through the
OSHC website (www.oshc.dole.gov.ph).

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 iv. Drug testing shall consist of both the screening test and the
con rmatory test; the latter to be carried out should the
screening test turn positive. The employee concerned must
be informed of the test results whether positive or negative.
v. Where the con rmatory test turns positive, the company's
Assessment Team shall evaluate the results and determine
the level of care and administrative interventions that can be
extended to the concerned employee.
vi. A drug test is valid for one year; however, additional drug
testing may be required for just cause as in any of the
following cases:
• After workplace-related accidents, including near miss;
• Following treatment and rehabilitation to establish
fitness for returning to work/resumption of job
• In the light of clinical ndings and/or upon
recommendation of the assessment team.
vii. All cost of drug testing shall be borne by the employer.
c) Treatment, Rehabilitation and Referral
i. The drug prevention and control program shall include
treatment, rehabilitation and referral procedure to be provided
by the company staff or by an external provider. It shall also
include a provision for employee assistance and counseling
programs for emotionally-stressed employees.
ii. The Assessment Team shall determine whether or not an
o cer or employee found positive for drugs would need
referral for treatment and/or rehabilitation in a DOH
accredited center.
iii. This option is given only to o cers and employees who are
diagnosed with drug dependence for the rst time, or who
turn to the Assessment Team for assistance, or who would
benefit from the treatment and rehabilitation.
iv. Following rehabilitation, the Assessment Team, in
consultation with the head of the rehabilitation center, shall
evaluate the status of the drug dependent employee and
recommend to the employer the resumption of the
employee's job if he/she poses no serious danger to his/her
co-employees and/or the workplace.
v. Repeated drug use even after ample opportunity for treatment
and rehabilitation shall be dealt with the corresponding
penalties under the Act and its IRR.
vi. An updated list of drug treatment and rehabilitation centers
accredited by the DOH shall be disseminated through the
OSHC website (www.oshc.dole.gov.ph)
d) Monitoring and Evaluation
i. The implementation of the drug-free workplace policies and
programs shall be monitored and evaluated periodically by
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 the employer to ensure that the goal of a drug-free workplace
is met. The Health and Safety Committee or other similar
Committee may be tasked for this purpose.
D. ROLES, RIGHTS AND RESPONSIBILITIES OF EMPLOYERS AND EMPLOYEES
1. The employer shall ensure that the workplace policies and programs on
the prevention and control of dangerous drugs, including drug testing, shall
be disseminated to all officers and employees. The employer shall obtain a
written acknowledgement from the employees that the policy has been
read and understood by them.
2. The employer shall maintain the confidentiality of all information relating to
drug tests or to the identi cation of drug users in the workplace;
exceptions may be made only where required by law, in case of overriding
public health and safety concerns; or where such exceptions have been
authorized in writing by the person concerned.
3. Labor unions, federations, workers organizations and associations are
enjoined to take an active role in educating and training their members on
drug abuse prevention and control. They shall, in cooperation with their
respective private sector partners, develop and implement joint continuing
programs and information campaigns, including the conduct of capability-
building programs, peer counseling and values education with the end in
view promoting a positive lifestyles and a drug-free workplace.
4. All o cers and employees shall enjoy the right to due process, absence of
which will render the referral procedure ineffective.
E. ENFORCEMENT
1. The Labor Inspectorate of the DOLE Regional O ces shall be responsible
for monitoring compliance of establishments with the provisions of Article
V of the Act and its IRR and this Department Order.
2. The dissemination of information on pertinent provisions of RA 9165 and
the IRR shall be included in the advisory visits of the Labor Inspectorate.
3. The DOLE may, where deemed necessary and appropriate, delegate the
monitoring of compliance of establishments with the provisions of Article
V of the Act to Local Government Units thru a Memorandum of Agreement.
F. CONSEQUENCES OF POLICY VIOLATIONS
1. Any o cer or employee who uses, possesses, distributes, sells or
attempts to sell, tolerates, or transfers dangerous drugs or otherwise
commits other unlawful acts as de ned 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.
G. EFFECTIVITY
1. All concerned shall comply with all the provisions of this Department Order
within six months from its publication in a newspaper of general
circulation.

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 (SGD.) PATRICIA A. STO. TOMAS
Secretary

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