GUIMARAS – This island province has taken a step further for a drug-free workplace.
Provincial Ordinance 2023-02 established and institutionalized the drive for drug-free provincial government officials and employees without distinction of work, employment status, or salaries.
This measure is in accordance with the regulations prescribed by Republic Act No. 9165 (Dangerous Drugs Act of 2022).
The ordinance, sponsored by Vice Gov. John Edward Gando, states that the provincial government, through Gov. Joaquin Carlos “JC” Rahman A. Nava, shall ensure the adoption and implementation of a continuing and sustainable substance abuse awareness and prevention program and inform all officials and employees of the following:
* maintain a drug-free workplace
* conduct substance abuse awareness and prevention programs
* conduct mandatory and random drug testing
* ensure adequate funding for the implementation of the drug-free workplace policy
Mandatory drug testing also remain a requirement for entry into provincial government service.
Guidelines for Drug Testing
The frequency of drug tests, conducted randomly, shall consider, among others, the number of public officials and employees, the nature of the work being discharged, funding, and other logistics.
* In the case of a negative drug test result, no further action is required.
* A positive drug test result from the confirmatory test shall be relayed to the public official or employee concerned. The public official or employee shall have 15 days from receipt of the notice to challenge the confirmatory test result. Using the same specimen, a challenge test shall be conducted by a drug testing laboratory accredited by the Department of Health. The concerned official or employee shall bear all expenses for the challenge test.
* A positive drug test result from the challenge test is deemed final, and the public official or employee shall be dealt with in accordance with the provisions of the ordinance. Failure to file a challenge within the prescribed period shall make the positive drug test from the confirmatory drug test final.
* All results of authorized drug testing activities shall be strictly confidential. Only the governor and the members of the Drug-Free Committee shall have access to such results.
Administrative Action
* Any employee who refuses without any valid reason to submit himself or herself to an authorized drug test or is found positive for drug use after the conduct of a confirmatory test or challenge test, as the case may be, shall be charged administratively for grave misconduct following the Local Government Code of 1991 or applicable issuances of the Civil Service Commission.
* Tampering with the result of a drug test, interfering with the conduct of the drug test or in the release of drug test results, or violating rules of confidentiality of records shall be charged with the administrative offense of grave misconduct without prejudice to filing a criminal case.
* Any employee who violates the provisions of Article II of the Act shall be charged administratively for grave misconduct without prejudice to filing a criminal case under the provisions of the Act and other relevant laws.
* Any employee found to be under similar circumstances in paragraphs (a), (b), and (c) of Section 8 (Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) shall warrant automatic termination from the provincial government./PN
