A Drug-Free

WORKPLACE
 DRUG ABUSE -figure has climbed to an
astounding 6.7 million drug users
-"shabu" and marijuana are the
The NATIONAL/REGIONAL SITUATION
illegal drugs preferred by one in
every 29 Filipinos aged 10 to 44
years

The Dangerous Drugs Board

(DDB) estimates:
2004
- 1.8M regular users
- 1.6M occasional users
- shabu is the drug of choice
- about 20,000 drug users in the
country
- concentrated in Metro-Manila
1999
-Marijuana was the drug of choice

1972
 What are Gateway
Drugs?

 Alcohol

 Tobacco “Alcohol and Tobacco

are gateway drugs.
Most adolescents
smoke tobacco first
before learning to use
marijuana”.
 DRUGS OF ABUSE
SHABU

ECSTACY
MARIJUANA

HEROIN
COUGH
SYRUP

COCAINE
SHABU 1st
Methamphetamin
e Hydrochloride
commonly known
as “SHABU”,
which is the most
common drug of
abuse.
 Street Names:

Batak, Bato, Butang, Ice,

Latay, S, Shabs, Suyop,
Glass, Crystal, Quartz, Ice
Cream, Hirropon
MARIJUANA 2nd
MARIJUANA, the source
of which grows naturally
in the Philippines

marijuana plants
and seedlings
burned
MARIJUANA

Street Names:
Damo, Dope, Pot, MJ, Grass,
Joints, Ace, Blunt, Chronic,
Ganja, Herb, Mary Jane,
Weed, Red Bud, Spliff,
Whackyweed, and Yerba
 ECSTACY
3rd
Methylenedioxy-
Methamphetamine
(MDMA) or ECSTACY,
which is now
affecting the affluent
members of society.
 Common Street
Names:

Ecstasy, XTC, X, Adam,

Eve, Elephants, Clarity,
Essence, Lover’s
Speed, E, Rolls, M,
Herbal Bliss, Rib, Hug
Drug, Mercedes,
Wafters, Igloo, Green
Triangles, New Yorkers
and The Love Drug.
I. EARLY SIGNS and SYMPTOMS
1. Loss or diminishing memory.
2. Loss or diminishing interest especially
in school or at work.
3. Becomes manipulative and a good liar.
4. Selling his own belongings.
5. Sudden change in mood, efficiency in
work /study habits.
6. Noticeable change in his/her circle
of friends.
II. LATER SIGNS and SYMPTOMS
1. Poor physical appearance including
lack of attention to
grooming and personal
hygiene.
2. Irritability or easily gets angry.
3. Stealing cash, jewelry or valuable
things in the house.
4. Threatening the parents and other
members in the family with
violence of self harm infliction.
5. Becoming suspicious and extremely
jealous.
 III. BECOMES PSYCHOTIC
1. Extremely suspicious of anybody
believing that they are after his life.
2. Experience auditory hallucination.
3. Sometimes experiences visual

hallucination. They talk to pictures

or even to ants.
4. Show some signs of suicidal tendencies.
 Why Do People Use
Peer Pressure
Drugs
Curiosity
Monotony / Boredom
Frustration (caused by personal/family/school
problems)
Stress
Escapism
Lack of parental guidance
Lack of focus in life
Weak Personality
 NEGATIVE IMPACTS ON:

Self Family, Friends & Workplace

Collleagues
•health • broken family • absenteeism
deterioration
• violence • poor work
•low self-esteem performance
• emotional
• antisocial • injuries
trauma
• co-dependency • increased health-care
• breakdown costs
• mental illness • improper operation
• death of and damage to
equipment/property
• theft
• petty crime
RISKS OF DRUG ABUSE
•ADULTERATION

•HEART ATTACK & STROKE

•HEPATITIS

•HIV INFECTION FROM NEEDLES

•KIDNEY DAMAGE

•MENTAL ILLNESS

•MENTAL ILLNESS – PSYCHOSIS

•OVERDOSE

•PARKINSON’S DISEASE

•DEATH
SOCIAL EFFECTS
•CRIME

•INCREASE IN PRISON
POPULATION

•BROKEN HOMES

•HOMELESSNESS

•SPREAD OF AIDS

•UNEMPLOYMENT

•POVERTY
PREVENTION
STRATEGIES
(individual)
 Maintain good
physical and mental
health

 Accept and
respect yourself

 Develop your potentials

 Engage in productive and

fulfilling activities
 Y2000: how many of
those in rehabilitation
were employed at the
time of survey?

• Employed individuals
comprised majority of those
admitted to rehabilitation and
treatment centers in Y2000.
PREVENTION STRATEGIES
(in the Workplace)


Substance Abuse Policy


Training

Employee Assistance Program


Working Conditions
 GUIDELINES FOR A PROGRAM
IN THE PRIVATE SECTOR FOR
A DRUG-FREE WORKPLACE
IN ACCORDANCE WITH REPUBLIC ACT 9165
 DO No. 53- 03, s 2003

DOLE under Article V Section 47 of RA 9165

and in consultation with the
Tripartite Task Force created under
DO No. 37-03 s 2002 (Tripartite Task Force),
guidelines were issued to assist employers
and employees in the formulation of company
policies and programs
to achieve a drug-free workplace ...
DO No. 53- 03, s 2003

A. COVERAGE

These guidelines shall apply

to all enterprises in the
private sector, including
their contractors and
concessionaires.
DO No. 53- 03, s 2003 B. Formulation of Drug-free
Workplace Policy &
Programs
1.
Mandatory for all private establishments
employing ten or more workers to
formulate and implement drug abuse
prevention and control program in the
workplace, including the formulation and
adoption of company policies against
dangerous drug use.
Those with less than 10 workers are
encouraged to formulate and adopt drug-
free policies and programs in the
workplace.
DO No. 53- 03, s 2003 B. Formulation of Drug-free
Contents Workplace Policy &
Programs

2. The workplace policies

and program 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.
DO No. 53- 03, s 2003 B. Formulation of Drug-
Contents
free Workplace Policy &
Programs
4.
Assistance in the formulation and
implementation of a Drug-free Workplace
Policies and Program may be sought from the
Tripartite Task Force created under DOLE D.O.
No. 37-03, S. 2002, through the OSHC. The
Regional Offices of DOLE shall serve as focal
centers in providing information on RA No.
9165 and on the Guidelines.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS
Workplace policies and programs on
drug abuse prevention and control
to be adopted by companies shall
include, among others,
the following components:

Advocacy, Education & Training “

Drug Testing Program for Officers & Employees “
Treatment, Rehabilitation & Referral “
Monitoring & Evaluation “
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Advocacy, Education & Training

Employers shall be
responsible for the
awareness and education of
their officers and employees
on the adverse effects of
dangerous drugs as well as
the monitoring of employees
susceptible to drug abuse.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Advocacy, Education & Training

For small establishments without
capacity for said programs,
DOLE support is available

Corporate Social Responsibility Programs

of firms - employers are encouraged to
extend drug abuse, prevention advocacy
and training to their workers’ families
and their respective communities
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS
Advocacy, Education & Training
EMPLOYERS are enjoined to display billboard
in conspicuous places in the workplace, e.g.
“THIS IS A DRUG-FREE WORKPLACE: LET’s
KEEP IT THIS WAY”

Curricula developed by the Task Force

(available at OSHC website –
www.oshc.dole.gov.ph)

Training on prevention, clinical assessment

and counseling of workers to be given to
HR Managers, OSH personnel, employers’
& workers’ representatives
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Drug Testing Program

for Officers & Employees

For EMPLOYEES & OFFICERS, a

required random drug test
(strictly confidential with
regard to screening &
confirmatory results)
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS
Drug Testing Program
for Officers & Employees

ONLY DOH-ACCREDITED DRUG

TESTING CENTERS shall be utilized;
list is viewable on OSHC website
(www.oshc.dole.gov.ph)

Drug testing shall consist of

both the screening and
confirmatory tests
EMPLOYED DRUG
DEPENDENTS MAY BE
IDENTIFIED THRU

 POSITIVE DRUG TEST

 POSSESSION IN THE WORKPLACE
 USING IN THE WORKPLACE
 COLLATERAL INFORMATION
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

The drug prevention and control program

shall include treatment, rehabilitation
and referral procedure to be provided by
the company staff (ASSESSMENT TEAM)
or by an external provider. It shall also
include a provision for employee
assistance and counseling programs for
emotionally-stressed employees.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

The Assessment Team shall determine

whether or not an officer or
employee found positive for drugs
would need referral for treatment
and/or rehabilitation in a DOH
accredited center.
 SEEKING TREATMENT

Counseling

Treatment

Rehabilitation
Residential Out- Patient
6 mos.(gov’t.) Follow-up and After-care

Government
&

Private
 COUNSELLING

 INDIVIDUAL COUNSELLING

 GROUP COUNSELLING

 PEER COUNSELLING

 FAMILY COUNSELLING
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

This option is given only to officers and

employees who are diagnosed with drug
dependence for the first time, or who
turn to the Assessment Team for
assistance, or who would benefit from
the treatment and rehabilitation.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

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.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

Repeated drug use even after ample

opportunity for treatment and
rehabilitation shall be dealt with the
corresponding penalties under the
Act and its IRR.
DO No. 53- 03, s 2003 C. COMPONENTS OF
Contents DRUG-FREE WORKPLACE
POLICIES & PROGRAMS

Treatment, Rehabilitation & Referral

The implementation of the drug-free
workplace policies and program shall be
monitored and evaluated periodically by
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.
DO No. 53- 03, s 2003 D. ROLES, RIGHTS,
Contents RESPONSIBILITIES OF
EMPLOYERS & EMPLOYEES
1.
The employer shall ensure
that the workplace policies and
program on the prevention and
control of dangerous drugs,
including drug testing shall be
disseminated to all employees.
The employer shall obtain a
written acknowledgment from the
employees that the policy has
been read and understood by
them.
DO No. 53- 03, s 2003 D. ROLES, RIGHTS,
Contents RESPONSIBILITIES OF
EMPLOYERS & EMPLOYEES
2.
The employer shall maintain the
confidentiality of all information
relating to drug tests or to the
identification of drug users in the
workplace, exceptions may be made
only when 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.
DO No. 53- 03, s 2003 D. ROLES, RIGHTS,
Contents RESPONSIBILITIES OF
EMPLOYERS, EMPLOYEES
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 of promoting a positive lifestyles
and a drug-free workplace.
DO No. 53- 03, s 2003 D. ROLES, RIGHTS,
Contents RESPONSIBILITIES OF
EMPLOYERS, EMPLOYEES

4.
All officers and
employees shall enjoy
the right to due process,
absence of which will
render the referral
procedure ineffective.
DO No. 53- 03, s 2003 F. CONSEQUENCES
Contents
OF POLICY VIOLATIONS
1.
Any officer or employee who uses, possesses,
distributes, sells or attempts to sell, tolerates or
transfers dangerous drugs or otherwise
commits other unlawful acts as defined under
Article II of RA 9165 shall be subjected to the
pertinent provisions of the said Act.

2.
Any officer or employee found positive for use
of dangerous drugs following treatment and
rehabilitation, shall be dealt with
administratively in accordance with the
provisions of Article 282 of Book VI of the
Labor Code and criminally under RA 9165.
For persons organizing, managing or
financing drug-related acts:
Life imprisonment to death & a fine ranging from
P500,000 to P10 million

(MAXIMUM PENALTY)
For protecting or coddling any violator of
above provisions:
Imprisonment from 12-20 years & a fine ranging
from P100,000 to P500,000

‘THE PRICE TO PAY’

PENALTIES FOR UNLAWFUL ACTS
ARTICLE 2 of REPUBLIC ACT 9165:
Comprehensive Dangerous Drug Act
For unlawful possession of
10 grams or more of ecstasy, opium, morphine,
heroin, cocaine, LSD; 50 grams or more of shabu;
500 grams or more of marijuana:
Life imprisonment to death & a fine ranging from
P500,000 to P10 million
(MAXIMUM PENALTY)

If less than above amounts:

Ranging from 12-20 years to life imprisonment &
fines ranging from P300,000-P500,000

‘THE PRICE TO PAY’

PENALTIES FOR UNLAWFUL ACTS
ARTICLE 2 of REPUBLIC ACT 9165:
Comprehensive Dangerous Drug Act
 D.O. 53-03 Enforcement
 Article 128 of the Labor Code of the
Philippines, as amended

 Labor Standards Enforcement Framework

 Role of LGUs
 Policy Outline
I. Rationale - Reason
II. Objectives - Purpose

III. Policy - Informs that the Use/

Possession of Drugs is Not Permitted
- Ensures Confidentiality
- Fate of Violators

IV. Program Components - Advocacy, Education & Training

- Drug-Testing
- Referrals for Counseling,
Treatment and Rehabilitation
V. Responsibilities - Employers/ Employees/ Assessment
Team
VI. Date of Effectivity - March 7, 2004
DO No. 53- 03, s 2003
Contents
G. EFFECTIVITY

All concerned shall comply

with all the provisions of
this Department Order
within six months after its
issuance. (March 7, 2004)
 Frequently Asked Questions
• Is mandatory or random drug testing a
violation of human rights?
– Although there are questions being raised on the
constitutionality of mandatory and random drug
testing, as long as the Supreme Court has not
decided on this issue, the Law stands as it is.

• Are expatriates and foreigners employed in a

local company covered by the Order?
– They are included in the Order.
 Frequently Asked Questions

• What is “for just cause”? Are companies

required to implement “for cause” drug
testing?

– The Law requires only random drug testing.

However, it is an option for companies to
implement testing for justified causes such as
part of accident investigation or as testing to
follow-up workers who already underwent
treatment and rehabilitation
 Frequently Asked Questions

• What if an officer or a worker was caught

in illegal possession of dangerous drugs?
What penalties can a company impose?

– Illegal possession is a criminal act. The Law

has provisions to deal with these
circumstances. The company policy should
clearly state the sanctions for these types of
offenses.
 Frequently Asked Questions

• A company has already its own drug

abuse policy but is not in consonance
with the Order. The company terminates
all those found to be positive for drug use
the first time. Is the company required to
revise its policy?

– The Department Order is part of the bigger

Law, the Republic Act 9165. Any ordinances,
orders, and company policies that is not in
consonance with the Law should be revised.
 Frequently Asked Questions

• How will confidentiality be assured within

a company?

– Confidentiality of drug test results and

treatment and rehabilitation should be
maintained on a “need to know basis”. The
company policy should include sanctions for
any intentional violation of confidentiality of
records.
 Frequently Asked Questions

• If a worker is referred for rehabilitation, is

he/she entitled to leave benefits?

– The grant of leave benefits will also depend on

the agreement of employers and workers.
 Frequently Asked Questions
• Are companies allowed or required to
require job applicants to undergo mandatory
drug testing as part of their requirement?
Who will shoulder the expenses?

– It is the prerogative of the company if they would

require job applicants to undergo drug testing.
However, companies are to short-list their
candidates to lessen the cost of drug testing
which companies are to shoulder per Rule 1960
of the OSHS.
 Frequently Asked Questions

• Can a company conduct on its own the

screening tests?

– The company can conduct it’s own screening

test as long as it is accredited by the
Department of Health. However, many prefer
third-party service providers to avoid technical
legalities that may arise.
 Frequently Asked Questions

• What if a worker/officer refuses to

undergo random drug testing? What
sanctions can be imposed on the
worker/officer?

– Refusal to undergo drug testing is tantamount

to refusal to follow company rules and
regulations. The worker may be guilty of
insubordination and may be dealt with other
pertinent policies of the company.
 Frequently Asked Questions
• Who will shoulder the rehabilitation
and treatment of first time offenders?

– The treatment and rehabilitation expenses will

depend on the agreement of the management
and workers. Some companies prefer cost-
sharing arrangements.