Professional Documents
Culture Documents
13 Circular Nr 13 dtd 17Jul2017 (Comprehensive Drug- free Workplace policy)
13 Circular Nr 13 dtd 17Jul2017 (Comprehensive Drug- free Workplace policy)
JUL 17 2017
DEPARTMENT CIRCULAR
NUMBER: 19
1. REFERENCES:
a. Republic Act No. 9165, otherwiso known as the Comprehensive
Dangerous Drugs Act of 2002" and ts Implementing Rules and Regulatlons.
b.Executive Order No. 292 (The Rovised Adminiatrative Code of 1987 on the
Cvil Serice Commlsskbn).
2. PURPOSE
This Circular shall provlde for the insttutlonallzation of the drug-free workplace
policy, the edoptlon of the uniform guldelines on drug taeting program and the
procedures in the dispositlon of personnel found administratively llable of using illegal
drugs andlor commlting any prohiblted acts under RA 9165.
RA 9165.
DABS Ercutaris tn compllance with the requlremente of
CONTROLLED cOPY DND
MASTAR COEY
DND Cor Valuea: Petrodam, rolassionailsm, Good Govemence
3. POLICY STATEMENT
The Department treats dangerous drug use, drug addiction and dependency
as a serious misconduct and any personnel tested and found positive for usin9
dangerous drugs shall be relieved of all duties with the penalty of dismissal at first
offense.
As part of the Department's social responsibility, upon dismissal of concemed
provide
shall an effective mechanism or
personnel service, the Department
from the
measures directed towards their physlcal. emotional and psychological change, t
live free from dangerous drugs, enjoy life compatible with their capabilities and
potentials, and to become law-abiding and productive menmbers of the community.
4. COVERAGE
and its attached
This circular shall apply to all personnel of the Department
and outsourced service
bureaus, regardless of status or position including applicants
personnel.
5 DEFINITION OF TERMS
DND
DND MASTER COPY
CONTROLLED COPY
drugs, onjoy the fullest lite compatible with his capablities and potentials and render
him/her able to become a law abiding and productive member of the community.
RA 9165.
OND DND
CONTROLLED COPY
MASTER COFY
b. Conduct advocacy, education and
training program activities:
1) Dissemination/Distribution of the
officials and employeos of the Department and itsDrug-Free Workplace
attached bureaus.
Policy to all
2) Display of Infomation,
drugs materials through all channels. Education
and Communication (lEC) anti-illegal
DND DND
CONTROLLED COPY MASTER COPY
The Department and its
bureaus shall ensure that all
agreement executed with outsourced service providers shall stipulate the contracts
of
for mandatory and random
drug testing prior and during employment requirement
at the latter s
own expense.
f. The Department and its bureaus shall ensure that all suppliers, dealers,
proponents of defense equipment, materiel and supplies shall submit a clearance
from duly accredited drug testing centers by the DOH as part of thelr accreditation
requirements.
DND DND
cONTROLLED COPY_ MASTER cOPY
99. GENERAL GUIDELINES
1) Pre-employment;
include among
in high-risk/decision-making positions to
2) Persons
others, the following
Secretary of National Defense
Undersecretaries
Assistant Secretaries
and assistants
Heads of Bureaus Including their deputies
All Generals/Flag Officers of the AFP
Assistants
Milltary Commanders and their Deputies and
Department Chiefs of Offices, Services and Directors
Department Division Chiefs
DND MAG-DNDDND
cONTROLLEL COPY MASTER COPY
. Random drug test shall be
conditions conducted subjact to the following
9. Positive resultdangerous
the person tested has used
after confimstory
drugs.
test is "prima facie" evidence that
h. The drug test result shall fom part of the 201 file of the personnel and
shall be refected in the Summary of Information (S0l) of military personnel.
i. All drug test results and records are strictly confidential as provided for
under the pertinent provision of R.A 9165.
1) Pre-Collection Procedures
a) On the day of the actual conduct of random drug test, the DWAC or
similar committees created for this purpose will inform the head of office/bureau of
the conduct of dug test to randomly selected personnel of his office/bureau to be
tested through urinalysls on the date, time and venue determined by the Committee.
The selected personnel shall be notifled by the Committee and the head of
office/bureau, who In turn, wll immedlately accompany them to the holding area to
DND
LcONTROLLEDCOPY DND
MASTER COPY
brief thepersonnel to be
ofyiekding a positive drugtested about the
test result, andpurpose procedures and the
Random Drug Testing). service of notice. consequences
(Annex A Notice or
b) At the holding area, if
receipt of the Notice
without any valid selected personnel refuse to acknowledge
affidavit attesting to the fact of
reason, the server of notice shall
personnel may be dealt with such refusal. (Annex B- Affldavit of execute an
a
ground investigation on account of
for administratively
for Service)
violation of lawful order and The
shal
sald
Sec 32 of RA 9165. misconduct in the be
office without prejudice to
3) Post-Collection Procedures
a) Screening Test
The taking of
specimen samples for screening test must be done by
an authorized analyst in an area where
manipulation (e.g. adding of water) is not
possible. This must be witnessed by a personnel
committees created for this purpose other than thedesignated by the DWAC or similar
avoid application of cortaminants to the urine authorized specimen collector to
the DWAC shall sample. In case of female
personnel,
designate a witness of the same gender.
(1) If non-reactive (Negative)
1.a The personnel shall be infomed of the negative result and
shall be issued a Drug Test Certificate which is good for
used for other purposes.
one (1) year and could be
1.b
The personnel shall then be allowed to
retum
upon the pemlssion of the DWAC or similar committees created for this back to work
purpose.
(2) If Reactive (Postive)
DND
CONTROLLED COPY DND
MASTER cOPYA
presence of personnel designated by the DWAC
this purpose. or similar committees created ftor
(4) AFP personnel shall be turned over to the AFP detention contor
or simlar custodial centers pending investigation and until final resolution of the case.
(6) In the case of civlian personnel, they shall remain under the
responsiblty of their respective chief of office or head of bureau while on preventive
suspension status pending Investigation and until finat resolution of the case.
DND DND
CONTROLLED COPY. MASTER GOPY
b. MANDATORY DRUG TEST
1) The DWAC or similar committees creatod
schedule the conduct of annual for this purpose shall
mandatory drug testing
office/bureau on the date, time and venue it may deemed to all personnel under his
Offlce or Bureau shall then be notified appropriate. The Head of
by the DWAC or similar committees created for
this purpose, who in turn, will Infom his
test. personnel on the conduct of mandatory drug
2) In case of personnel suspected of using illegal
Office/Bureau will infom the DWAC or similar committees drugs, the Head of
the suspected personnel. Thereafter, the DWAC or
created for this purpose of
similar committees created for
this purpose wll Initlale tthe immediate recall of the
porsonnel for the conduct of
Screening test.
3) Collection Procedure (same with procedure of RDT)
4) Post-Collection Procedures. (same with the procedures of RDT)
11. ADMINISTRATIVE LIABILITY
b. Any persannel found positive for use of dangerous drugs shall be subjected
to disclplinary/administrative proceedings with the following imposable penalties;
DND DND
cONTROLLED COPY. MASTER cOPYAa
name of the personnel to be subjected for random drug testing shall be dealt with in
accordance with CSC Rules and Regulations and RA 9165.
The Intial cost for the conduct of screening and conflrmatory drug test of
personnel shall be funded In the current budget of the Department, or the
concemed offlce/attached bureaus. In the absence thereof, this will be charged on
DND DND
cONTROLLED COPPY MASTER COPY
the
programmed
succeeding fundingbudget for health and
wellness
proposal for health andrequirement shall be included
of the current year. The
wellness. in their annual budgetary
However, drug test conducted as a
result from
confimatory test shall at theresut
a of a
expense
challenge to
of the concernedpositive drug test
a
14. MONITORING personnel.
All
Bureaus/oflices shall submit to the DWAC or
this purpose similar committee created for
a
quarterly compliance report on the
ant-dangerous drugs programs implementation of their
personnel who have undergone and activities. The data would include the respective
tested positive for drug
using dangerous drugstesting, dates and number of numberof
and their
disposition. personnel who
15. MISCELLANEOUs
DELFIN.LORENZANA
Secretary
ANNEXES:
A- Notice of Random DNL-174489
B- Afmdavit of Sevice
Drug Testing
C-Chain of Custody Form
D-Urine Drug Test Consent Form
E-Custody and Control Form
F- Drug Test Consent Form
DND
OND
CONTROLLED COPY_ MASTER COPY