Republic ofthe Philippines Office of the President DANGEROUS DRUGS BOARD 3° Floor PDEA Bldg., NIA Road cor. Agham St, National Government Center, East Triangle, Quezon City E-mail fanboar Tel. No. 929-6639, 929-6679 BOARD REGULATION NO. 11 Series of 2003 SUBJECT: GUIDELINES FOR THE IMPLEMENTATION OF MANDATORY DRUG TESTING TO APPLICANTS OF FIREARMS LICENSE AND PERMIT TO CARRY FIREARMS OUTSIDE OF RESIDENCE |. REFERENCES: Republic Act No. $165, Article Ill, Section 36, paragraph (b), which states, “All applicants for firearm's license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided, That all persons who by the nature of their profession carry firearms shall undergo drug testing.”; 2. Republic Act No. 5487, entitled “An Act Governing the Organization and Management of Private Security Agencies, Company Guerd Forces, and Government Security Forces" and its implementing Rules and Regulations; 3. Presidential Decree 1866, as amended by RA 8294, entitled "Codifying the laws on ilegal/uniawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives or instruments used in the manufacture of firearms, ammunition or explosives, and imposing stiffer penalties for certain violations thereof and for relevant purposes as well as its related il, PURPOSE: 1. To require a mandatory drug test to the following: ‘2. Applicants for license to possess firearms and permit to carry firearms outside residence (PTCFOR) for individual persons. b. Applicants for license to operate, sell, manufacture, deal, acquire or dispose of firearms and ammunition or instruments used in the manufacture of firearms and ammunition, whether as a sole proprietorship, corporation or any other business arrangements. ©. Persons employed as warehouse personnel of licensed firearms dealers, or employed as vault keepers of licensed firearm dealers at Philippine National Police-Civil Security Group-Firearms and Explosives Division (PNP-CSG-FED) supervised storage and/or warehouse. Bd. Reg. on Guidelines on Mandatory Drug Testing of Applicants of PTCFORROLANDO R. DIZON (Chairman, Commission on Higher Education) Ex-Officio Member IGNO-A. AQUINO IV (Chairperson, National Youth Commission) Ex-Officio Member mia T.EASTIMOSO (Undersecretary, Permanent Member, Dangerous Drugs Board) Enforcement Agency) Ex-Officio Member DANILO P. CRUZ (Undersecretary, Representing the Secretary of Labor and Employment) Ex-Officio Member GALVANT! , Permanent Member, Drugs Board) Secretary, Department of interior and Local Government and OIC Chairman, Dangerous Drugs Board Underkpcretary Executive Director, Dangerous Drugs Board Bd. Reg. on Drug testing of Applicants of Driver's LicenseJAIME M. VIBAR (Representing the President. Integrated Bar of the Philippines) Regular Member hhek d beh by MA. MERCEDITAS N. GUTIERREZ (Undersecretary, Representing the Secretary of Justice) Ex-Officio Member EDGARDO £. BATENGA (Undersecretary, Representing the ‘Secretary of National Defense) ExOfficio Member AGNES VST DEVANADERA (Undersecreta/y. Representing the Deparimagy of the interior anc ‘Local Government) Ex-Officio Member RAFAEL E, SEGUIS. (Undersecretary, Representing the Secretary of Foreign Affairs) Ex-Officio Member Bee val Oo ahabe wisest Lertlrbiesor0 (Presidegt Ketotcrénan Foundation. NGO} Rogu'ar Momoer ‘A YACAP (UnderSécretary, Representing the Secretaty of Health) Ex-Officio Member JOSE ISIDRO N. CAMACHO. (Secretary of Finance) Ex-Officio Member Grande P alanyr LOURDES, EALANER cundersoeteiay, Repent solfeity of Sena Wales ane Bevetopment) eons Martar Kin Coban! RAMON C. BACANI (Underescretery, Representing the ‘Secretary of Education) Ex-Officio Member Bd. Reg. on Drug testing of Applicants of Driver's License 4V. _ GENERAL GUIDELINES FOR DRUG TESTING 1. Any person who applies for new, renewal of professionalinon-professional and additional restriction codes for driver's license shall be subjected to a mandatory drug test. 2, The applicant needs to proceed to the DTL and submits himself to drug testing in accordance with the approved DOHIRR. and Manual for Operations for Drug Testing Choice of the DTL must be solely dependent on the applicant. Drug test result certficate will be presented to the Land Transportation Office (LTO). 3. Applicants for driver's licenses whether new or renewal, professional of non- professional and additional restriction code, is then requested to proceed to the nearest LTO nationwide and fil-up LTO prescribed forms, 4. Only those screened negative for dangerous drugs use conducted by any DOH-Accradited Drug-Testing Laboratory shall be issued the corresponding drivers license 5. Applicants for Professional and Non-Professional Driver's License. whether new oF renewal and adcitiona! restriction code, who are confirmed positive for dangerous drugs use shail have their applications denied ‘6. All.applicants who are confirmed positive for dangerous drugs use shall be barred from applying for new or renewal of licenses for six (6) months 7. All applicants who are confirmed positive for dangerous drugs after the six ‘month probationary period shail be forever barred from applying for new or renewal of licenses 8. Holders of licenses who are found positive for dangerous drugs use shall have their licenses confiscated Vi. COST OF DRUG TESTING ‘Applicant for driver's licenses shall bear the cost of the mandatory drug testing Vil SEPARABILITY CLAUSE {f any provision of these guidelines or the application thereof to any person or circumstance is held to be invalid, the other provisions of these Quidelines and the application of such provisions to other persons of circumstance shall not be effected thereby. vu EFFECTIVITY This Regulation shall take effect fifteen (15) days after its Publication in two (2) newspapers of general circulation and after ragistration with the Office of Naticnal Administrative Register (ONAR), UP Law Cagter, Quezon City ADOPTED and APPROVED this 21% day of Novemb: LORD, 2003 in Quezon City in the year of our Bd. Reg. on Drug testing of Applicants of Driver's LicenseIl. DEFINITION OF TERMS ‘A. Drivers - Shall mean every and any licensed operator of a motor vehicle B_ Professional Drivers License - an authority embodied in a form Prescribed by the Land Transportation Office (LTO), of a person to Operate @ private or public utility vehicle for compensation or business proper operations. Nothing in this definition shall be construed to prohibit the holder of a professional driver's license from ‘operating a private vehicle without compensation CC. _Non-Professional Driver's License — an authonty of a person to operate ‘any motor vehicle without compensation as in a form prescribed by the LTO D. Restriction Code (RC)- specification in the driver's license as to the type of motor vehicle a driver is allowed to operate E, Mandatory Drug Testing - refers to compulsory submission of subject for drug testing as required by law. RATIONALE In 2002, about 2.9 milion drivers nationwide wore required to undergo drug testing as a prerequisite for the issuance of driver's license. According to the Land Transportation Office (LTO), about 11% of those who sought driver's licenses were confirmed positive for the use of methamphetamine or marijuana These drivers were denied their licenses. Substance use has been documented to alter perception and therefore pose a hazard to the driver himsett and to the pubic. itis the responsibilty of the State to create policies that would protect the public and to prevent hazards posed by the use of these substances. Towards this end, the govemment through the LTO will require drivers to submit themselves to mandatory drug-testing conducted by DOH-Accredited Drug Testing Laboratories nationwide in accordance with the provisions of the Comprehensive Dangerous Drugs Act of 2002. ‘There is @ need to promulgate and improve existing rules and regulations to remove drivers under the influence of dangerous drugs and reduce morbidity and mortality, Iv, OBJECTIVES OF THE MANDATORY DRUG-TESTING OF DRIVERS 1. To deter dangerous drugs use among drivers 2. Todetermine the prevalence of drivers who are using dangerous drugs 3. To identify possible regional “hotspots' for drug use 4, To identify users and refer them for drug dependency examination and rehabilitation Bd. Reg. on Drug testing of Applicants of Driver's LicenseRepublic ofthe Philippines Office of the President DANGEROUS DRUGS BOARD 3 Floor PDEA Bldg., NIA Road cor. Agham St, National Goverment Center, East Triangle, Quezon City E-mail- danboard@danboard.gov.ph Tel. No. 929-6639, 929-6679 BOARD REGULATION NO. 10 Series of 2003 GUIDELINES FOR THE IMPLEMENTATION OF DRUG TESTING OF DRIVER'S LICENSE APPLICANTS Pursuant to Article Ill, Section 36 (a) of Republic Act 9165 the following guidelines are hereby promulgated. The guidelines shall apply to all applicants who wish to secure Professional or Non-Professional driver's licenses, whether, new licenses or renewal. Likewise, the guidelines outline the objectives, procedures of the mandatory drug testing end consequences of a positive drug test resutt. The guidelines will be implemented in all Land Transportation Offices (LTO) nationwide taking into consideration the autonomy of applicants to select the Department of Health-Accredited Drug Testing Center where they wish to be tested. 1. REFERENCES 1. Republic Act 9165, Section 36 (2) Applicants for drivers license- No driver's license shall be issued or renewed to any person unless hefshe presents a certification that he/she has undergone a mandatory ‘drug test and indicating thereon that he/she is free from the use of dangerous drugs. 2. Republic Act 4136, Section 22 as amended by BP 398 - Every person ‘who desires to personally operate any motor vehicle shall fle an ‘pplication to the Director or his deputies for @ license to drive motor vehicles; Provided however that no person shall be issued a professional drivers license who is suffering from contagious disease and epilepsy or who is an alcohol or drug dependent. 3, Republic Act 4136, Section 52 — No person shall drive a motor vehicle while under the influence of liquor or narcotic drug 4. DOTC Department Order 93-693 - Schedule of fines and penatties, 5, RTL-MC-02-386- Guidelines in the renewal of driver's license and/or issuance thereof whose holder applicants were found positive in the use of dangerous drugs 6. DOH IRR and Manual for Operations for Drug Testing Bd. Reg. on Drug testing of Applicants of Driver's License 1R ri WZON (Chairman, Commish mn Higher Education) Ex-Officio Member IO A. AQUINO IV (Chairperson, Natidnal Youth Commission) Ex-Officio Member (Undersecretary, Permanent Member, Dangerous Drugs Board) ANZELMO S. AVENIDO, JR. y) Ex-Officio Member LUCITA S. LAZO (Undersecretary, Representing the Secretary of Labor and Employment) Ex-Officio Member socan Mareen (Uncersecretary Permanent Member, Dangérous Drugs Soard) AOSED. LINg, JR. Secretary, Department of interior and Local Government and ‘OIC Chairman, Dangerous Drugs Board Attested: EFRE! FERNANDEZ Under ry Executive Director, Dangerous Drugs Board Bd. Reg, on the Mandatory Drug Testing of Officers and Members of Military and 8 ‘other Law Enforcement Agencies.of the Philippines) Regular Member MARIA MERCEDITAS N. GUTIERREZ (Undersecretary, Representing the Secretary of Justice) Ex-Officio Member ANTONIO C. SANTOS (Undersecretary, Representing the Secretary of National Defense) Ex-Officio Member AGNES VSf DEVANADERA (Undersectgtéry, Representing the Department of the Interior and Local Government) Ex-Officio Member wp ys ka hy FRANKLIN N. cos (Undersecretary, Representing the Secretary of Foreign Affairs) Ex-Officio Member (President, Ratotchanan Foundation-NGO) Regular Member pid Bes (Undersecretary, Representing the Secretary of Health) Ex-Officio Member JOSE ISIDRO N. CAMACHO (Secretary of Finance) Ex-Officio Member heats Preven (Undersecretary, Representing the Secretary of Social Welfare and Development) Ex-Officio Member Kin © bam! RAMON C, BACANI (Undersecretary, Representing the Secretary of Education) Ex-Officio Member ‘Bd. Reg. on the Mandetory Drug Testing of Officers and Members of Military and 7 other Law Enforcement AgenciesVI. Treatment of Drug Test Results 1. . In case of a confirmed po: In accordance with Section 38 of RA 9165, if the wi specimen tested positive, the same shalt be challenged within fifteen (15) days after the receipt of the result through a confirmatory test conducted by any government forensic laboratory or DOH accredited laboratory. ive drug test result, the personnel shall be proceeded against in accordance with the internai rules and regulations of the concerned agency. - Confirmed positive test results of applicants for entry shall be @ ground for disqualification. . Laboratory report/s of positive results of the screening test and/or after confirmatory test shall be treated with confidentiality and shall be disclosed in accordance with the internal rules and regulations of the concerned agency. If confirmed positive, the same shall be "prima facie” evidence that such person has used dangerous drugs, which is without Prejudice to the prosecution for other violations of the provisions of RA 9165; Provided, that a positive screening test must be confirmed for it to be valid in a court of law. V. Funding The cost of drug testing of the personnel shall be borne by the concerned agency. ADOPTED and APPROVED this 1* day of August, 2003 at Camp ‘Crame, Quezon City. Bd. Reg, on the Mandatory Drug Testing of Officers and Members of Military snd 6 other Law Enforcement Agencies.2. The subject personnel /applicant will be instructed to wash and dry his/her hands prior to urination. After washing hands, the subject personnel/applicant will remain in the presence of the authorized specimen collector and will not have access to any unregulated source of water, soap, dispenser, cleaning agent, or any other materials that could be used to adulterate the specimen. 3. The authorized specimen collector will give the subject personnel/applicant a clean specimen container. The subject personnel/applicant may provide his/her specimen in a privacy let cubicle or otherwise partitioned area that allows for idual privacy. The authorized specimen collector will remain the specimen is collected. The subject personnel/ applicant will be instructed not to flush the toilet until the specimen is handed to the authorized specimen collector. 4. Upon receiving the specimen from the subject personnel/applicant, the authorized specimen collector will: a. Check the volume of the urine in the specimen container. b. Check the temperature of the urine specimen. c Inspect the specimen to determine its color and appearance for any signs of contaminants. Any unusual findings will be noted on the chain of custody form. 5. Both the subject personnel/applicant and the authorized specimen collector will keep the specimen container/specimen bottles in view at all times prior to the urine specimen being sealed and labelled. 6. The specimen bottle will have an identification label that contains pertinent information such as date of specimen collection, signature of the subject personnel/applicant, specimen ID number. 7. The authorized specimen collector will fill-up completely the specimen Custody and Contro! Form (CCF) and distribute each copy as required, Bd, Reg, on the Mandatory Drug Testing of Officers and Members of Military and other Law Enforcement Agencies,©. Random drug testing — refers to the test performed on personnel who are selected following no specific pattern and without prior notice; p. Rehabilitation- The dynamic process, including after-care and follow-up treatment, directed towards the physical, emotional/psychological vocational; social and spiritual change/enhancement of a drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest life compatible with his/her capabilities and potentials and render him/her able to become a law-abiding and productive member of the community; q. Screening Test- A rapid test performed to establish a potential/presumptive positive result. It refers to the immunoassay test to eliminate a “negative” specimen, i.e. one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test; '. Use- Any act of injecting, intravenously or intramuscularly or consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body of any of the dangerous drugs. IV. General Guidelines v 1. All officers and members, both Uniformed and nea Personnel (UP/NUP), of the military, to include the para-milit forces, police, jail fire, and other law enforcement agencies shall be subjected to annual mandatory drug testing. The selection of the personnel would be done on a random ba: be exempt from the chance of being chosen. 2. The drug testing shall be conducted by any government forensic laboratory or by any DOH accredited drug-testing laboratory, under the strict supervision of the agency concerned. but no personnel must Procedures for the Conduct of Drug Testing 1, The authorized specimen collector will ask the subject personnel/applicant to remove any unnecessary outer garments such as 2 coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the subject personnel/applicant’s urine specimen. The authorized specimen collector will ensure that all personal belongings such as a purse or briefcase remain with the outer garments. Bd. Reg. on the Mandatory Drug Testing of Officers and Members of Military and 4 ‘other Law Enforcement Agencies.moral values to drug patients, with the aim of weaning them away from dangerous drugs and keeping them drug-free, adapted to their families and peers, and readjusted into the community as law abiding, useful and productive citizens; d. Confinement- Refers to the residential treatment and rehabilitation of drug dependent personnel in the center; e. Confirmatory Test- An analytical test using a device tool or equipment with different chemical or physical principle that is more specific which will validate and, confirm the result of the screening test. It refers to the second or further analytical Procedure to more accurately determine the presence of dangerous drugs in a specimen; f. Custody and Control Form (CCF) — A DOH approved form used to document the collection, transport, security, and test results of the specimen; g. Dangerous Drugs- Include those listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the annex, which is an integral part of RA 9165; h. Dependence-is a distortion of normal physiological process which results from a prolonged administration of addicting drugs and which is manifested by the necessity for the presence of adequate amount of one of these drugs in the body for the maintenance of physical equilibrium; i, Drug Abuse- is the use of a chemicaf substance, licit or illicit which results in an individual's physical, mental, emotional or social impairment; j. Drug dependent-refers to an individual whe is dependent on a certain drug or drugs; k, GCMS-Gas Chromatography and Mass Spectrometry, powerful separation technique use to analyze drug. Toxic substance, explosive and unknown samples; |. “For Cause” or “Probable Cause” testing - refers to the kind of drug testing which requires a probable cause or a reasonable ground to believe that the person to be tested is using or is under the influence of dangerous drugs; m, Laboratory- Refers to the facility of a private or government agency that is capable of testing a specimen to determine the presence of dangerous drugs therein; n. Mandatory drug testing — refers to the compulsory submission of a client/donor/subject for drug testing 2s required by RA 9165 and by the agencies’ internal rules and regulations; Bd, Reg. on the Mandatory Drug Testing of Officers and Members of Military and 3 othe: Law Enforcement Agencies,IL Rationale It is the policy of the State to safeguard the integrity of its territory; and the well being of its citizenry from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. It is also the policy of the State to Promote a high standard of ethics in the public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competerice and loyalty, act with patriotism and justice, lead modest s; and uphold public interest over personal interest. Hence, to maintain these standards, public officials and employees must be free from using dangerous drugs. Toward this end, the Government shall pursue a drug testing program in compliance with Section 36, of RA 9165 requiring ail officers and members of the military and law enforcement agencies, such as the Philippine National Police, Bureau of Fire Protection, and the Bureau of Jail Management and Penology, among others, to undergo mandatory drug testing. In the interest of public service, the following rules are hereby adopted in order to carry out the mandatory drug testing of the officers and personnel of the above-mentioned agencies pursuant to the afore- said Section of RA 9165. TI. Definition of Terms a. Accreditation -The formal authorization issued by the Department of Health (DOH) to an individual, partnership, corporation or association to operate a laboratory and rehabilitation facility after compliance with the standards set at a maximum achievable level to stimulate improvement over time; b, Board- refers to the Dangerous Drugs Board under Sec.77, Art. IX of RA 9165 (Comprehensive Dangerous Drug Act of 2002); ¢. Center- Any of the treatment and rehabilitation centers which undertake the treatment, after-care and follow up treatment of drug dependents as referred to in Section 75, Article VIII of RA 9165. It includes institutions, agencies and the like whose purposes are: the development of skiils, arts and technical know-how; counseling; and/or inculcating civic, social and Bd. Reg. on the Mandatory Drug Testing of Officers and Members of Military and 2 other Law Enforcement Agencies,Republic of the Philippines Office of the President DANGEROUS DRUGS BOARD 5" Floor CHAMP Building, Bonifacio Drive, Port Area, Manila P.O. Box 3682, Manila 527-0629 Telefax 527-3215 Web page: www.danboard.gov.ph E-mail danboard@nsclub.net BOARD REGULATION NO. 7 Series of 2003 SUBJECT: GENERAL GUIDELINES FOR THE IMPLEMENTATION OF MANDATORY DRUG TESTING TO OFFICERS AND MEMBERS OF THE MILITARY, POLICE, AND OTHER LAW ENFORCEMENT AGENCIES. L References 1. Section 36, Article III of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002 mandates the conduct of random drug testing to officers and employees of public and private offices as contained in the company’s work rules and regulations, which shall be berne by the employer, for purposes of reducing the risk in the workplace. Likewise, students of tertiary and secondary schools shall, with notice to parents, undergo a random drug testing. Mandatory drug test shall be conducted to all applicants for driver's license, firearm’s license and permit to carry firearms outside of residence, whose profession require carrying of firearms. The same Section mandates the conduct of an annual mandatory drug test of the officers and members of the military, police, and other law enforcement agencies. Moreover, all candidates for public office are required to undergo mandatory drug testing. In addition to the penalties stated in the Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act. 2. AFP Articles of War; 3. Republic Act 6975; 4. Republic Act 8551; 5. The Civil Service Law and Rules; and 6. The DOH-IRR and Manual of Operations on Drug Testing Bd. Reg, on the Mandatory Drug Testing of Officers and Members of Military and 1 ‘other Law Enforcement Agencies.PAOLO INO A. AQUINO IV ‘SR. (Chairperson, National Youth Commission) r-Generel, Philippine’ Drug Ex-Officio Member Enforcement Agency) Ex-Officio Member Tost soy Cte (Undersecretary, Permanent Member, (Unders: fary, Permanent Member, Dangerous Drugs Board) ‘Dangerous Drugs Board) find 4 Sa -B— PATRICIA A. STO. TOMAS AM Sate i porcine (Secretary. of babar and Emporia AMON Keio . gk, JR. ‘Secretary, Department of Interi6r and Local Govemmentiand ‘OIC Chairman, Dangerous Drugs Board Attested: EFREW Q. FERNANDEZ Und ry five Director, Dangerous Drugs Board Board Regulation on Drug-Free Workplace nJAIME M. VIBAR (Representing the President, Integrated Bar of the Philippines) Regular Member hhut MARIA MERGEDITAS N. GUTIERREZ (Undersecretary, Representing the Secretary of Justice) Ex-Officio Member ANTONIOG.SANTOS (Undersecretary, Representing the ‘Secretary of National Defense) Ex-Officio Member hel. but RAMON C. BACANI (Undersecretary, Representing the Secretary of Education) Ex-Officio Member FRANKLIN M. EBDALIN (Undersecretary, Representing the Secretary of Foreign Affairs) Ex-Officio Member Board Regulation on Drug-Free Workplace (President, ¥atotohanan Foundation-NGO} Regular Member ANTONIO S. LOPEZ (Undersecretarg, Representing the Secretary of Health} Ex-Officio Member JOSE ISIDRO N. CAMACHO (Secretary of Finance) ‘Ex-Officio Member (Undersecretary, Representing the Secretary of Social Welfare and Development) &x-Officio Member ROLANDO R. DIZON (Chairman, Commission on Higher Education) Ex-Officio Memberk. Private Sector Organizations — refer to privetely owned companies, corporations, associations, foundations, and the like. |. Random Drug Test ~ refers to unannounced schedule of testing with each ‘employee having an equal chance of being selected for testing. The policy fon the conduct of random drug test should be known to both employers and employees. m. Screening Test ~ a rapid test performed to establish potential/presumotive positive result. It refers to the immunoassay test to eliminate a “negative specimen, i.e. one without the presence of dangerous drugs, from further consideration ‘and to identify the presumptively positive specimen that requires confirmatory test A. Sell/Sale — Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or .any other consideration, ©. Treatment, Rehabilitation and Counseling — the dynamic process. including after-care and follow-up treatment, directed towards the physical ‘emotionalipsychological, vocational, social += and ~—sprritual shangelenhancement of a crug dependent to enable him/her ‘to live without dangerous drugs, enjoy the fullest life compatible with his/her capabilities and potentials and render himiher able to become a llaw- abiding end productive member of the community; . Use — any ect of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking .or othemwise introducing into the physiological system of the body, any of the dangerous drugs, @. Work Accident — shail mean an unplanned or unexpected oceurrence that ‘may or may not result in personal injury, property damage, work stoppage or interference or any combination thereof of which arises out of and in the ‘course of employment. ©. Workplace — means the office, premises or worksite, where the workers are habitually employed and shail include the office or place, where the workers who have no fixed or definite worksite regularly report for assignment in the course of their employment. it shall also include venues used by the employer for company functions. Board Regulation on Drug-Free WorkplaceAnnex 2 Guidelines for the Implementation of A Drug-Free Workplace Policies and Programs Definition of Terms: Administer - any act of introducing any dangerous drug into the body of ‘any person, with or without his/her knowledge, by injection, inhalation ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himsetffherself unless administered by a duly licensed practitioner for Purposes of medication; Assessment Team — will be composed cf the safety end health committee including occupational safety and health personnel, human resources managers, employers and workers’ representatives trained to address all aspects of prevention, treatment and rehabilitation Confirmatory Test — an analytical test using a device, tool or equipment with different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen; Dangerous Drugs - include those listed in the Schedules annexed to the 41961 Single: Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act. (Annex A) Employee — shall mean any person hired, permitted or suffered to work by ‘an employer. The term employee includes peimanent, regular, temporary, casual, parttime, and contractual workers. Employer — includes any person or entity acting directly, or indirectly in the interest of the employer, in relation to an employee and shall include non- profit private institutions or organizations. Instrument — any thing that is used or intended to be used, in any manner, in the commission of illegal drug trafficking or related offenses; Interested Party — refers to the courts, law enforcement agencies or the employer, and workers’ representatives. ‘Near Miss — an incident arising from or in the course of work which couid nave iad to injuries or fetelities of the workers andor considerable damage to the employer had it not been curtailed. Prevention — is the promotion of drug-free lifestyle thru strategies such es advocacy, information dissemination, and capability building through training, Board Regulation on Drug-Free Workplace 8Other DOLE Agencies: Bureau of Working Conditions (BWC) DOLE — Regional Offices Technical Skills and Development Authority (TESDA} Bureau of Local Employment (BLE) ‘The above agencies shall be added to the IAC members included under AO. 89 namely. Human Resource Development Service (HRDS) Information and Publication Service (IPS) Legal Service (LS) Bureau of Labor Relations (BRL) Bureau of Rural Workers (BRW} Bureau of Women and Young Workers (BWYW) DOLE — National Capital Region (DOLE-NCR) Employee's Compensation Commission (ECC) National Maritime Polytechnic (NMP) Maritime Training Council (MTC) Institute of Labor Studies (ILS) Occupational Safety and Health Center (OSHC) ‘Overseas Workers Welfare Administration (OWA) Philippine Overseas Empioyment Administration (POEA) ‘The members of the Task Force shall be composed of permanent representatives with senior technical rank or designated alternates. ‘The Task Force shall be chaired by the Undersecretary for Worker's. Protection and Welfare. Vice-Chair shall be Assistant Secretary for Internal Affairs. The OSHC shall serve as head of the Technical Working Group (TW): ‘The names of the permanent representativesialternates should be submitted to the OSHC soonest. This Order takes effect immediately. For strict compliance. HON. PATRICIA A, STO. TOMAS (sgd.) Secretary Board Regulation on Drug-Free WorkplaceAnnex Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT Manila DEPARTMENT ORDER NO. 37-03 Series of 2002 Inresponse to the growing problem of alcohol and drug abuse, and in ine with the provisions of the Comprehensive Dangerous Drugs Act of 2002, the Department of Labor and Empioyment (DOLE) has been designated to provide a workplace-besed program for the prevention and control of aleohol and drug ‘abuse in the labor force. To implement the State policy promoting drugree workpieces thru a tripartite approach, the Secretary of the DOLE shall issue a Department Order creating 2 Task Force consisting of government, labor and employers. This Task Force will formulate policies and strategies for the purpose of developing a National ‘Action Agenda on drug abuse prevention in the workplace. Pursuant to the deciared policy of the State, the DOLE Secretary shall require all private ‘companies to adopt and implement a drug abuse prevention program in the workplace, The Task Force led by the Department of Labor and Employment shall meet regularly in order to monitor the implementation of the relevant articles in the Comprehensive Dangerous Drugs Act of 2002 according to the guidelines defined in the IRR of Section 48 of the Law. It shall formulate the tripartite response to the law and provide strategies, directions and networking to implement 2 National Drug Abuse Prevention Program in the workplace to be ‘adopted by private companies with 10 or more employees. In this regard, DOLE Administrative Order No, 89 series of 1998 (Creating an Inter-Ageney Committee on the Prevention of Drug — Abuse in the Workplace), is amended to include the following government and private offices: Givil Service Commission (CSC) Department of Health (DOH) Dangerous Drugs Board (DDB) Department of Social Welfare end Development (DSWD) Department of Justice (DOJ) Department of interior and Local Goverment (DILG) Maritime industry Authority (MARINA) Trade Union Congress of the Philippines (TUCP) Labor Solidarity Movement Employers’ Confederation of the Philippines (ECOP) Personnel Management Association of the Philippines (PMAP) Non-Government Organizations: Family Welfare Center (FWC) Occupational Health Nurses of the Philippines (OHNAP) Philippine College of Occupational Medicine (PCOM) Safety Organization of the Philippines (SOP!) Board Regulation on Drug-Free Workplace 6F. CONSEQUENCES 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 Artie fi of RA 2185 and its implementing Rules end 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 Cade and under RA 9165, G. EFFECTIVITY 1. All concemed shall comply with all the provisions of this Department Order within six months from its publication in @ newspaper of general circulation: ADOPTED and APPROVED thie 46" of August, 2003 at Camp Crame, Quezon City Board Regulation on Drug-Free Workplacev, Repeated drug use even after ample opportunity for treatment ‘and rehabilitation shall be dealt with the corresponding penatties 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 oshe dole gov.ph) 4) Monitoring and Evaluation i The impiementation ‘of ine drug-free workplace policies ana programs 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 Committes may be tasked for this purpose. D. (ROLES, RIGHTS AND RESPONSIBILITIES OF EMPLOYERS (AND EMPLOYEES 4. The employer shall ensure that the workplace policies and programs on the prevention and control of dangerous drugs, including drug testing, shall be Gissemirtated to all officers and employees. The employer shall obtain a ‘writlen acknowledgement from the employees that the policy has been read and understood by them 2. The empioyer shail maintain the confidentiality of all information relating to In the light of clinical findings andior upon recommendation of the assessment team. All cost of drug testing shall be bome by the employer. ©) Treatm jabilitation and Referral Board Regulation on Drug-Free Workplace The drug prevention and contro! program shall include treatment, rehabilitation and referral procedure to be provided by the company staff or by an extemal provider. tt shall also include @ provision for employee assistance and counseling programs for emotionally-stressed employees. ‘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 @ DOH accredited center. 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. 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-empioyees and/or the workplace.©, 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 vi b) Board Regulation on Drug-Free Workplace Employers shall be responsible for increasing 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. Topics which may be included in the ‘orientation-education program shall include, among others, the following: > Salient Features of RA 9165 (the Act} and its Implementing Rules and Regulations (IRR) > The Company policies and programs on drus-free workplace > Adverse effects of abuse andior 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 es the services available for treatment and rehabilitation. 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 Curicula developed by the Task Force shell be used as widely as possible for awareness reising and training. May be accessed through the OSHC website (www oshe.cole.gov.ph) Training on prevention, clinical assessment, and counseling of workers and other related activities shall be given to occupational safely 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, 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. In the context of their Corporate Social Responsibility Programs, employers are encouraged to extend drug abuse prevention advocacy end training to their workers’ families end their respective cornmunities, ‘Testing Program for Officers and Employees, i. Employers shall require their officials and employees to undergo 2 random drug test (as defined in Annex 2) in accordance with the company’s work rules and regulations for purposes ofGren’) Republic of the Philippines z , Office of the President BS DANGEROUS DRUGS BOARD Ruse” s" Floor CHAMP Building. Bonifacio Drive, Port Area, Manila P.O. Box 3682, Manila 527-0629 Telefax 527-3215 ‘Web page: wenw.dantioard.gov.ph E-mail danboard@nsclub.net BOARD REGULATION NO. 8 ‘Series-of 2003, SUBJECT: GUIDELINES FOR THE IMPLEMENTATION‘OF A DRUG- FREE WORKPLACE POLICIES AND PP9GRAMS 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 consutation with the Tripartite Task Force created under DOLE Department Order No. 37-03, «= 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 Sree workplace. A. COVERAGE 1. These guidelines shall apply to all establishments in the private sector, including their contractors and concessianaires. 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 Bergaining Agreements. 4. Assistance in the formulation and implementation of a Drug-Free Workplace Policies end Programs may be sought from the Tripartite Task Force (see ‘Annex 1), through the Occupational Safety end Health Center. The Regional Offices 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. Board Regulation on Drug-Free WorkplaceGOsed. ale Secretary, Department 3f the interior and Local Government and OIC-Chairman, Dangerous Drugs Board Attested by: ae inputs sabes CALIDA Executive Director, Dahigerous Drugs Board Beg, on the naplementaton of « Drug-Free Workplace ProgramCi AGNES VST DEVANADERA. (Undersecretiry. Representing the Departrtent of the Interior and Local Government) Ex-Officio Member (Unde Representing the Secretary of Foreign Affairs) Ex-Officio Member ROLANDO R. DIZON (Chairman. Commission on Higher Education) Ex-Officio Member PAOLO BENIGNO A. AQUINO IV (Chairperson, National Youth Commission) Ex-Officio Member IMOSO (Undersecretary, Permanent Member, Dangerous Drugs Board) 0 eet, BALANON (Undersecretary, Reoresenting the Secretary of Social Welfare and Development) Ex-Officio Member RAMON C. BACANI (Undersecretary. Representing the Secretary of Education} Ex-Officio Member Enforcement Agency) Ex-Officio Member DANILO P. CRUZ (Undersecretary, Representing the ‘Secretary of Labor and Employment) Ex-Officio Member BA Reg, on the Implementation of « Drug-Free Workplace rogram‘may either be suspended or dismissed from the service subject to the Civil Service Laws, Rules and Regulations. 4, Employees who are found arrested/apprehended or charged in court for ‘commission of any of the uniawful acts provided for under Art. Il of RA 9165 will either be suspendedidismissed from the service depending on the gravity of the offense committed, subject to existing Laws, Rules and Regulations of the Civil Service, without prejudice to criminal prosecution. Section it. EFFECTIVITY This Reguiation shall take effect fiteen (15) days after its publication in two (2) newspapers of general circulation and upon registration with the Office of the National Administrative Registry of the UP Law Center. APPROVED and ADOPTED this 26" day of March in the year of our Lord, 2004 at Quezon City. Je Mee LUCITO A. TAN (Representing the President, integrated Bar of the Philippines) Regular Member hhvat h bay MA. MERCEDITAS N. GUTIERREZ (Secretary of Justice) Ex-Officio Member EDGARDO E. BATENGA (Undersecretary, Representing the ‘Secretary of National Defense) Ex-Officio Member fff ff. és fe Kcr (Presiceét, Katotohanan Foundation-NGO) Regular Member era wAFOMOS. CODES (Undersecretary, Representing ne Secretary of Health) Ex-Officio Member JUANITA D, AMATONG (Secretary of Finance) Ex-Officio Member Bd. Reg. on the Implementation ofa Drug-Free Workplace ProgramSection ll. SANCTIONS 1. The Head of any office, bureau end agency of the national and local government, govemment-owned and controlled corporations’ including slate colleges, universities, to include its Officials or Heads of office anc! employees thereof, who fail to abide by this Reauiation shall be penalized with the sanctions embodied in Section 32, Artic Il of RA S165. 2. Subject to the provisions of Section 15, Art il of RA 9165 (Use of dangerous drugs) in conjunction with Section 54 (Voluntary submission of a drug dependent to confinement, treatment and rehabilitation) anc Section 61 (Compulsory confinement of a drug dependent who refuses to apply under the voluntary program) of the same Act, without prejudice: to the agency's or office's Employees Assistance Program, any officer or employee found to have violated the Policy may suffer any or 2 combination of the following sanctions: . Failure on the part of the Head of the office to: implement this Regulations within a reasonable period after its effectivity shail be dealt with in accordance with Section 32, Article Iiof RA S165: b. Any goverment offciallemployee who, without any valid reason after being tested positive of drug use shall refuse to undergo the recommended rehabilitation program will be administratively deait with in accordance with the existing agency. or office rules and regulations without prejudice to suspension or dismissal from the service as provided for under Section 36 (d) of RA S165. . Any government officiavemployee who refuses, without any-valid reason, to submit himseif/herseif for random/mandatory drug test. whichever is applicable, will be administratively dealt with in accordance with the existing office/agency rules and regulations ‘without prejudice to Section 32 of RA 9165. 4, Subject to the existing Employees’ Assistance Program, any government officialemployee who is found to be positive for drug Use and after undergoing a Drug Dependency Examination conducted by the DOH or by any medical practitioner accredited by the said Office to conduct the drug dependency test may undergo the following treetment and rehabilitation program: 4. Experimenter — Outpatient, guidance counseling 2. Occasional User — Outpatient, guidance counseling and urine surveillance 3. Chronic User/Drug Dependent — Mandatory 6-month treatment and rehabilitation in any of the goverment rehabilitation centers 3. Officers or employees who for the second time have been detected to be using dangerous drugs after compietion of his/her treatment and/or Tehabiltation program or while undergoing treatment and/or rehabilitation oa, Reg on the Ipmentaton of « Drug-Free Workplase Progra8. Monitoring All agencies/offices shall submit to the Dangerous Drugs Board aa yearly compliance report on the drug testing activities conducted on their personnel. The data would include the number of personne! ‘who have already undergone testing, the dates and the names of drug testing laboratories that conducted the test. 8. Issuance of Certificate after under going Rehabilitation Program 10. Confidentiality of records @. All resuits of the drug test conducted by the Agency/Office shall remain strictly confidential b. Government officials, employees and/or any person who intentionally or unintentionally breach the confidentiality of any Grug test result shall be charged in accordance with Section 72 Of RA 9165. 11, Funding/Cost Requirements The cost of the drug testing for govemment officials and ‘employees shall be funded by the agency/office concemed and for this purpose, must be part of their yearly budgetary ‘appropriation. 12. Effectivity This Policy shall take effect immediately after signing 13.Confirmation/Affirmation and Commitment to the Policy As an officiavempoyee of hereby certify that | have read the Drug Abuse Policy in the Workplace and affirm ‘and confirm my commitment to unconditionally abide to all that is provided therein and | shall be answerable to the office/agency for Whatever violation that | may commit. Name & Signature of OfficiaEmployee Date Attested by: Name Designation Bd. Reg. on te Implementation of « Drug-Free Workplace Program. 8b. The selected officals/employees must immediately report for the drug test c. The test shall only be conducted by any government Drug Testing Laboratory or by any drug-testing laboratory duly authorized and ‘ecoredited by the DOH for the screening test, which shall be conducted in the following manner: 1. The selected officialsiemployees will fil up and sign the ‘consent and chain of custody form issued to them. 2. The urine specimen bottles must be properly labeled to contain the name, ID number, employment number, position, date and the time when the urine sample was taken. 3. The taking of the urine sample must be done in an area ‘where manipulation (e.g. adding water) is not possible. 4, The urine specimenisample which tested positive after the screening test must be properly labeled and must be kept separately from the samples that tested negative for dangerous drugs. 5. All urine samples tested. positive must be submitted for confirmatory testing to a faboratory having the confirmatory capability using the same urine sample. 6. After the confirmatory test, the same urine sample must be kept for the purpase of challenging the result. 7. After the test is conducted, 2 drug test result shall be issued by the drug testing laboratory directly to the Head of the office or agency and not to the person so tested The same result must be signed by the authorized signatory of the laboratory, the employee/officials concemed and a witness. 1d. No further action is needed when the result is negative. The Drug Test Certificate is good for one (1) year and could be used {for other purposes. 7. Procedure in handling a positive result after Confirmatory Test a. Upon discovery that a urine sample is tested positive for dangerous drugs after confimatary test, such result shall immediately be made known to the Committee or Assessment Chairman or to the Head of the offics/agency or to any person designated by the said office/agency who requested the test. b. After receipt of such information, the same shall be made known to the employee/official c. The office/agency shall then take the- appropriate ection in ‘accordance with their Drug-Free Workplace Policy. 4. Allrrecords must strictly be held confidential as provided for under the pertinent provisions of RA 9165. ‘Bd. Reg. on the Implementation of a Drug-Free Workplace Programa. Screening Test b. Confimatory Test 3. Coverage ~ All officials and employees must be covered regardless of status or position in the office/agency, 4. When to conduct mandatory drug test: 2. Pre-employment 'b. Persons in high-risk/decision-making positions ©. Past history of drug use d. Involvement in accidents @. Discovery of dangerous drugs paraphemalia £. Detention by policelfiing of charge in court for drug- related cases 9. AS a requirement for promotion h. Employees reporting to work after _ undergoing rehabilitation in a treatment and rehabilitation center 5. Conduct of random drug test 8. Without prior notice of the date and venue of the drug test b. On selected employees chosen by the Drug-Free Workplace or Assessment Committee until jl officials and employees have undergone the test &. Randam selection process or procedure . “For cause” or “probable cause” — when there is @ reasonable ground to believe that a random drug test is necessary, e.g. 1 2 3. Attendance — frequent unauthorized absences, repeated tardiness, truancy from the job. Personal Appearance ~ slurred speech, bloodshot ‘eyes, drastic change in appearance, etc. . Mental Factor — hotheadedness, irritability, increased difficulty in handling assignments, etc. General Performance — missed deadiines, iow Productivity, increased wastage, public complaints, frequent accidents, carelessness, etc. Peer Relations - isolation, frequent quarrels with oficomates, heavy borrowing, frequent mood swings, etc. 6. Procedure of the Conduct of the Random Drug Test in the Workplace . The Drug-Free Workplace or Assessment Committee will notily the randomly selected officials or employees to go for a urine lest to the security department, office or agency doctor, nurse, ete. ‘who in tum, will accompany them to the place where the test wil be conducted. Bd. Reg, on the Iniplemention of « Drog-Free Workplve Program©. The availabilty of employees assistance program 4. The consequences, penalties, and administrative sanctions in violation thereof 2. Distribute a copy of the Policy to each employees 3. Create @ Committee that will implement, to the fullest, the contents of the Policy 4. To display a Bill Board at a strategic place in the office with the message: " This is.2 Drug Free Workplace. Let's Keep it That Way” h. Responsibilities of the Employees and the Officials of the Office/Agency 1. Any government employee must never possess andor use dangerous drugs and other substances of abuse, 2. Any goverment employee must not directly or indirectly sell, give, provide or administer any dangerous drugs andior other substance of abuse to histher:co-employees, or others andor to commit or abet/aid in the commission of any unlawful acts penalized under RA 9165. 3, The officials and employees must feithiully abide by the terms of the Policy as a condition for continued employment 4. The employees must voluntarily seek treatment and rehabilitation if they have problems related to dangerous rugs. 5. To advocate against drug abuse 6. To help maintain a drug free workplace GUIDELINES IN THE CONDUCT OF THE AUTHORIZED DRUG TEST ‘The Drug-Free Workplace Committee or Assessment Committee shall formulate and put in place the Office's/Agency's Drug Testing Program which shall be in accordance with the pertinent provisions of RA S165. The program must be made known to all employees and officers stressing the fact that the purpose is not to harass but rather to prevent the entry of illegal drugs and the abuse thereof in the Office/Agency. The Drug Testing Program shall inciude, among others, 1. The rationale behind the conduct of either mandatory or random drug test, which is to. help promote a safe and healthy drug-free environment as well as to prevent drug abuse in the workplace. 2. The kind of authorized drug tests which are: BA. Reg. ca the Implementation of a Drug-Free Workplace Programperformance. It shall be formulated as much as possible, jointly by the employer and the employees or employees’ union; 14."For Cause’ or * Probable Cause” Drug Test - Drug testing required when there is @ ‘probable cause" or “reasonable ground” to believe that @ person is using or is under the infiuence-of dangerous drugs; 12.Mandatory Drug Test - Compulsory submission of an ‘employee for drug testing as required by RA 9165 and by the agency's internal rules and regulations; 43.Rendom Drug Test - Subjection of personnel for drug testing as selected following no specific pattem and without prior notice/information; 14.Screening Drug Test - A rapid drug test performed to ‘establish potential or presumptive positive result. it refers to the immunoassay test to eliminate a “negative” specimen, i.e, one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires ‘confirmatory test 415. Drug Dependence - Refers to a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire for a sense of compulsion to take the substance and the difficulties in controling substance-taking behavior in terms ofits onset, termination, er level of use; 48. Administer - Any act of introducing any dangerous drugs into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means or of committing any act of indispensable assistance to a person in administering a dangerous drug to himselffherself unless administered by a duly licensed practitioner for purposes of medication. 17.Unlawful Acts - Refer to any of the unlawful acts penalized under Art. Il of RA 9165. 48.RA 9165 — Refers to the Comprehensive Dangerous Drugs Act of 2002. 9. Responsibilities of the Office/Agency under the Policy 4. Adopt a continuing and sustainable substance abuse ‘awareness program to inform its employees about: a. Its policy of maintaining a drug-free workplace b. The dangers posed by the abuse of dangerous drugs Ba, Reg on the Implementation of « Drug-Free Workplace Program4, Center — Any of the treatment and rehabilitation centers ‘which undertake treatment, aftercare and follow-up treatment of drug dependents. It includes institutions, agencies and the like whose purposes are: the development of skis, arts and technical know-how, ‘counseling andlor inculcating civic, social and moral values to drug dependent patients, with the aim of ‘weaning them away from dangerous drugs end keeping them drug-free, adapted to their families and peers and readjusted into the community as law abiding, useful and productive citizens; 5. Rehabilitation — A dynamic process including aftercare and follow-up treatment directed towards the physical, emotional/psycnological, vocational, social and spiritual change of @ drug dependent to enabie him/her to live without dangerous drugs, enjoy the fullest life compatible with his capabilities and potentials and render him/her able to become a law abiding and productive member of the community; 6. Treatment - Medical service rendered to a patient for the effective management of physical and mental conditions arising fromp his/her drug use; 7. Confirmatory Drug Test - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous crugs in ‘@ specimen, which shall Ikewise be done by any government laboratory or by privately owned and ‘Operated drug testing laboratories accredited and monitored by the DOH having confirmatory test capebilties; 8. Dangerous Drugs - Include those listed in the Schedules annexed to the 1991 Single Convention on Narcotic Drugs, es amended by the 1972 Protocol and in the ‘Schedules annexed to the 1871 Single Convention on Psychotropic Substances 2s enumerated in the attached ‘annex which is an integral part of RA 9165; 9, Drug Test Certificate - A decieration/statement of the resut ofthe drug test issued by acoredted drug testing centers. It shall be valid for a one-year period from the date of issue and which may be used for other purposes, 2 refered to in Section 36, Article Ill of the Act; 10.Employee Assistance Program or EAP - A progrem that offers assistance 0 workers who have problems, primarily alcohol and drug related, that may affect job ‘Bd. Reg. on the Implementation ofa Drug Free Workplace Program‘The Committee shall undertake the following duties and responsibilities: 1. To oversee the formulation and implementation of the drug ‘abuse policy in the agency 2. Initiate training programs for supervisors 3. Initiate continuing education and awareness program for the employees 4. Initiate and adopt value formation, family enhancement and such other related and relevant programs 2. Content - To make a drug-free workplace poticy effective and ‘more sustainable, it must contain, among others, the following: a. Title b. Purpose — The primary purpose of the policy must be clearly stated. It must relate to the maintenance of safe and healthy ‘work environment free from use of dangerous drugs ©. Reference - RA 9165 4. Policy Statement - The statement of the office in recognizing the threat posed by crug abuse in the community of employers and employees. This may include, among others, decreased productivity, increased accidents, absenteeism, lapses in the Performance of assigned task, criminality, etc. and thereby, absolutely prohibits the use of dangerous drugs in and outside the office by all officials and employees. ©. ScapelCoverage ~ Every adopted crug abuse policy in the workplace must be applicable to all employees in the office or gency without distinction as to rank, status or salaries. £ Defintion of Terms 1. Policy - a definite course or method of action from ‘among aitematives and in the light of given conditions to ‘Quide and usually determine decisions to be made. 2. Workplace — a place where work is usually performed, 3. Authorized Drug Test - The testing done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. It shall employ, among others. two (2) testing methods, the screening and confirmatory tesis, The examination of a person's urine specimen to determine the presence of dangerous drugs shall be done by any goverment forensic laboratories cr by any of the drug testing laboratories accredited and monitored by the DOH; ‘Ba, Reg. on the Implementation of « Drig-Free Workplace ProgramRepublic of the Philippines Office of the President DANGEROUS DRUGS BOARD ‘3 Floor PDEA Bidg., NIA Northsite Road, National Goverment Center, Bay. Pinyahan, Quezon City Email danboard@danboard.cov.sh Telefax 929-5639/929-1546, Tel. No. 929-6679 BOARD REGULATION NO. 2 Series of 2004 SUBJECT: GUIDELINES FOR THE FORMULATION AND IMPLEMENTATION OF A DRUG-FREE WORKPLACE PROGRAM AND THE CONDUCT OF AUTHORIZED DRUG TESTING BY ALL OFFICES, BUREAUS, AND AGENCIES OF THE NATIONAL AND LOCAL GOVERNMENTS, GOVERNMENT- OWNED AND CONTROLLED CORPORATIONS AND OTHER INSTITUTES OF LEARNING INCLUDING STATE COLLEGES AND UNIVERSITIES, Pursuant to the powers vested in it under Section 77, Article IX of RA 9165, otherwise known as the Comprehensive Dangerous Dnigs Act of 2002 in relation to Section 16, Art. Il and Section 48, Art. V of the same Act, the Dangerous Drugs Board (DDB) hereby prescribe the following guidelines for the formulation and implementation of @ drug-free workplace program and the conduct of authorized drug testing for offices, bureaus and agencies of the rational and local governments, government owned and controlled corporations ‘and other institutes of learning including state colleges and universities. SECTION!. GUIDELINES IN THE FORMULATION OF A DRUG ABUSE POLICY IN THE WORKPLACE AND THE CONDUCT OF AUTHORIZED DRUG TESTING Every agencyioffice shall adopt its own drug abuse policy in the workplace, which shall serve as @ legal document that communicates the organization's position in the use of illegal drugs as well as outlining the responsibilities of the employer, the employees and the employees’ unions. The policy must be developed through a process where consensus is achieved regarding its contents. GUIDELINES IN THE FORMULATION OF POLICY 4. Creation of a Drug-Free Workplace Committee or Assessment Committee - Every government agency is enjoined to immediately establish a Drug-Free Workplace Committee or Assessment ‘Committee which shall be composed of the following: a. Head of Office or Representative b. Representative of the Emoloyees' Union / Association c. Head of the Personnet Department or Representative 4. Head of the Mesical Department or Representative ‘Bd. Reg. othe Implementation ofa Drug-Free Workplace ProgramANSELMO S. AVENIDO, (Direztor-General, Philippi Enforcement Agencf) Ex-Officio Member Drug PAOLO BENIGNO A. AQUINO IV LUCITA S. LAZO (Chairperson, ‘Youth Commission) (Undersecretary, Representing the Ex-Officio Member Secretary of Labor and Employment) Ex-Officio Member ; EDGAR C” GALVAN (Undersecretary, Permanent Member, (Undersecretary, Permanent Member, Dangerous Drugs Board) Dangérous Drugs Board) ISED. Lye, Secretary, Department of interidf end Local Govemment and ‘OIC Chairman, Dangerous Drugs Board Attested: EFREN f2. FERNANDEZ Undersgeretary Executive Director, Dangerous Drugs Board ‘Bd. Reg. on random drug testing of secondary and 10MARIA MERCEDITAS N. GUTIERREZ (Undersecretary, Representing the Secretary of Justice) Ex-Officio Member ANTONIO G. SANTOS (Undersecratary, Representing the ‘Secretary of Netional Defense) Ex-Officio Member AGNES VSYDEVANADERA qUnders ,, Representing the Departhhefit of the Interior end Local Government) Ex-Officio Member i. ; Win lags whol Bohn (Undersecretary, Representing the ‘Secretary of Foreign Affairs) Ex-Officio Member Ba. Reg, on random drug testing of secondary and tertiary ANCE KERIO (President, Katotohanan Foundation-NGO) Regular Member re ~ ANTONIO S. LOPEZ (Undersecretary, Representing the ‘Secretary of Health) Ex-Officio Member JOSE ISIDRO N. CAMACHO (Secretary of Finance) Ex-Officio Member LOURDESG. BALANON (Undersecretary, Representing the Secretary of Social Welfare and Development) Ex-Officio Member hn F breve RANION C. BACANI (Undersecretary, Representing the ‘Secretary of Education) ExOfficio MemberG. Expenses of the Program ‘The Department of Health, in coordination with the Supervising Agencies shall designate the drug testing laboratories that shall be utilized for purposes of the program. Payment of testing fees shall be done by the government thru Department of Health to the Drug Testing Laboratories. H, Enforcement of Compliance ‘Students who refuse to undergo random drug testing shall be deait with in accordance with the rules and regulations of the schools; provided that at no time shall refusal to undergo testing give rise to a presumption of drug use or dependency; provided further that the school may impose sanctions on such refusal other than the offense of drug use or dependency. Schools that refuse to implement the random drug testing program shall be liable under Section 32 of RA 9166 without prejudice to other administrative sanctions imposed by the Supervising Agencies. The Supervising Agency shall report the same to the Philippine Drug Enforcement Agency (PDEA) and the Dangerous Drugs Board (DDB), Miscellaneous Provisions Separability clause. If any provision of these Guidelines or the application thereof to any person or circumstance is heid to be invalid, the other provisions of these Guidelines and the application of such provision to other persons or circumstances shall not be affected thereby. Effectivity. These Guidelines shall take effect immediately after its approval by the Dangerous Drugs Board. ADOPTED and APPROVED this 4% day of August, 2003 at Camp Grame, Quezon City. ‘Bd. Reg. on random drug testing of secondary and tertiary 8©. At the end of the three months, it is hoped that with the counseling done, the student will be properly rehabilitated. if student shows no signs of improvement, recovery or fails the drug test the second time, the DOH- accredited facility or physician, may @ recommendation to the student, Parent, and Drug Testing Coordinator to have the student referred to a DOH- accredited facility suited to the student's level of dependency. If another drug testing is conducted for another period on the same student population, and the ‘student is found positive the second time, the school shall proceed in accordance with Section 61, R.A. 9165. The parent and the student may choose to enroll the ‘student in a private rehabilitation center or program or opt to avail of the rehabilitation services of the government through a DOH-accredited facility. If the parents refuse to act, the school shall proceed in accordance to Sec. 61 of RA 9165 without prejudice to the provision of Section 73, RA 9165. E, Reportorial Requirements of Results of the Random Drug Testing 4. The Drug Testing Coordinator, Drug Counselor and employees of DOH-accredited facilities, testing laboratories, shall not reveal the names of the students or test results to any other persons except to the student concerned or his/her parents. 2. The aggregate test results from each school which shell not include the identities of the students tested, shall be submitted by the School Head to the Division Superintendent of DepEd for secondary schools, the Regional Director of CHED for tertiary schools and Training Institution Administrator for TESDA for consolidation for the purpose of evaluating the efficacy and effectiveness of drug abuse prevention programs. F. Training of Guidance Counselors The Department of Education, Commission on Higher Education, Technical Education and Skills Development Authority, the Philippine Drug Enforcement Agency and Dangerous Drugs Board in coordination with each other, shali formulate and conduct the training program for guidance counselors for the purpose of enhancing their skills in handling drug abuse prevention programs and handling drug dependency cases. Ba, Reg. on random drug testing of sceondary and tertiary 7in the event that the parents do not appear on the scheduled conference, the student shall be informed of the schedule of the confirmatory test. f. The confirmatory drug test shall be conducted in the same manner as the initial drug test. 9. The results of the confirmatory test shall be transmitted by the laboratory in a sealed envelope and handed directly to the Drug Testing Coordinator. h. The Drug Testing Coordinator shall inform both the parents and the student of the results of the test. i, The Drug Testing Coordinator shall not delegate such task of informing the student and parent to any other person, nor shall the Drug Testing Coordinator reveal the results of the test to any person other than the student and parent. |. First time positive confirmatory drug test result shal! not be 2 ground for expulsion or any disciplinary action against the student. k. The Drug Testing Coordinator shail refer the student and his/her parent to government-owned DOH-accredited facility or DOH-accredited government physician to determine the student's dependency level. |. The student may opt for a private DOH-accredited facility or physician for this initial determination provided it is at hisfher own expense. m. In the event that it is determined that the student is a drug dependent, the school may impose the appropriate sanctions against the student as provided for in the school’s Student Handbook and the Manual of Regulations for Private Schools, provided that in the case of public secondary schools, ‘the student is later on found to have been rehabilitated, the student shall then be allowed to re- enroll. n. The student shall then undergo a three (3) month observation and counseling period under the supervision of the DOH-accredited facility or physician in consultation with the parent. Such process of observation and counseling shall be done in coordination with the Drug Counselor of the school. Bd, Reg. on random drug testing of secondary and tertiary 6g. The laboratory shall follow the DOH prescribed guidelines in the collection of urine specimens. Universal precautions shall be observed at all times. DOH Prescribed Guidelines shall be posted in strategic placesivisible areas of the school. h. The monitor assigned to ensure the integrity of the collection process should be of the same sex as the student. i. The drug testing shall be done in the school and conducted by a duly accredited drug-testing laboratory. The school, through its respective health personnel, shall assist the Drug Testing Laboratory in the conduct of the drug testing. The Drug Testing Coordinator shall ensure the confidentiality and integrity of the random drug testing for the students, teachers, administration and personnel of the school. It is strongly recommended that the drug testing for students, the teachers, administration and personnel be done simultaneously. a. The results of the test shall be strictly confidential. school shall publish or post results whether positive or negative. b. Any person who violates the rules of confidentiality of the results and selection shall be liable under Section 72 of RA 9165 and such other appropriate laws. c. The laboratory shall place the drug test result in a sealed envelope and deliver the same via personal service to the Drug Testing Coordinator. The Drug Testing Coordinator shall then inform all the students tested Individually of the test results. d. In case the test results are positive, the Drug Testing Coordinator shall inform both the student and parent concerned that a confirmatory test shall be conducted. The student shall be told to inform his/her parents of the scheduled conference with the Drug Testing Coordinator. The student shall be advised to refrain from revealing the test results to other persons. e. During the scheduled conference, the Drug Testing Coordinator shail reiay to the parents full information on the process that shall be undertaken for the confirmatory test. Bd, Reg. on random drug testing of secondary and tertiary. 5(The Supervising Agencies’ Memorandum Circulars should include 2 list of © DOH-accredited Testing Centers/Laboratories.) b, All students and their parents shall be notified in writing on the process and manner by which the random drug testing shall be conducted. Such notification may be sent at any time during the school term. Failure to return the acknowledgment receipt shall not be a bar to the conduct of the drug testing. 2. Samples a. The Supervising Agency shall inform randomly selected schools on their inclusion in the random drug testing program. b. The whole student population of the school selected shall be included in the random sampling. c. The number of samples should yield a statistical 95% confidence level for the whole student population 3. Selection of Samples a. The Drug Testing Coordinator shall convene the Selection Board within five days from the receipt of natice from the Supervising Agency stating that the school is included in the program. b. On the day of the testing, the Selection Board shall conduct the random selection of those to be tested. ¢. The Selection Board shall ensure the confidentiality and integrity of the random selection process. d. The selection process shail be random through a lottery, which may be computerized, or in any other manner that shall be agreed upon by the Board e. The random selection of students and the drug testing shall be done on the same day. f. Prior to testing, the selected students shall be asked to reveal the prescription medicines, vitamins, food supplements that they had Ingested within the past five (6) days. The Drug Testing Coordinator shall keep the listing and utilize this in the evaluation of the confirmatory drug test. Bd. Reg. on random dinig testing of secondary and tetany 4“Parents” shall, for purposes of these guidelines, include court appointed guardians. “Random selection” refers to the unbiased process of selecting students who are to undergo drug testing. “Rehabilitation” is the dynamic process, including after-care and follow-up treatment, directed towards the __ physical, emotionalipsychological, vocational, social and spiritual change/enhancement of a drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest life compatible with his/her capabilities and potentials and render him/her to become a law-abiding and productive member of the community. “Schools” shall mean an institution that has as its primary purpose the education of students including secondary, tertiary and technical vocational education and training institutions. ‘Selection Board” shail be the board constituted at the level of the school composed of the Drug Testing Coordinator as chairperson, ‘one representative each from the students, faculty and parents as members. The authorized governing body duly recognized by their respective constituents shall choose the representatives from these stakeholders based on a set of selection criteria formulated for this Purpose. In the absence of a parents’ association, the School Head may appoint any parent who shall be a member of the Selection Board. “Supervising Agency” shall refer to the government agency that ‘exercises supervision over the school such as the Department of Education (DepEd), Commission on Higher Education (CHED), or ‘the Technical Education and Skills Development Authority (TESDA). D. PROCEDURES IN THE CONDUCT OF RANDOM DRUG TESTING 1. Notification @ The Supervising Agency through an appropriate order that includes these guidelines on random drug testing, shall inform all schools under its supervision about the government's actions against illegal drugs. ‘The schools’ administration shall be required to explain these provisions and their procedures to the school community and when applicable, include these in the schools’ handbook or listing of procedures. ‘Bd. Reg. on random drug testing of sccondary and tertiary 3aimed at guidance and counseling together with the treatment and rehabilitation of any student found to ha used or to be dependent on dangerous drugs. 5. Academic freedom of institutions of higher learning shall be respected in the implementation of random drug testing and all other pertinent provisions of RA 9165. 6. The implementation of drug abuse prevention and education programs in schools shall be intensified as an integral part of the over-all demand reduction efforts of the government. 7. The random drug testing shall be implemented as a collaborative undertaking of the government, the schools, the students and their parents. The whole process shall not in any manner be utilized to harass the students. 8. Random drug testing shall be implemented primarily for prevention and rehabilitation. 9. The drug-testing program shall guarantee and respect the personal privacy and dignity of the student. 10.The drug test results shall be treated with utmost confidentiality. 11.The test results shall not be used in any criminal proceedings. B, PURPOSES OF RANDOM DRUG TESTING ‘To determine the prevalence of drug users among the students To assess the effectivity of school-based and community based prevention programs To deter the use of illegal drugs To facilitate the rehabilitation of drug users and dependents To strengthen the collaboration efforts of identified agencies against the use of illegal drugs and in the rehabilitation of drug users and dependents. gee ope C, DEFINITION OF TERMS “Drug Counselor” shall mean a person trained in the techniques of guidance counseling particularly dealing with cases .of drug dependency. The Drug Testing Coordinator shall designate such person. “Drug Testing Coordinator ” shall be the point person in the schoo! tasked with handling random drug testing which shall be the principal of a secondary school, the administrator of a technical vocational education and training institution or the administrator appointed by the presidentichief executive officer in tertiary institutions. Ba, Reg, oa random drug testing of secondary and tertiary 2Republic of the Philippines Office of the President DANGEROUS DRUGS BOARD 5" Floor CHAMP Building, Bonifacio Drive, Port Area, Manila P.O. Box 3682, Manila 527-0629 Telefax 527-3215 Web page: www.danboard.gov.9h E-mail danboard@nsciub.net BOARD REGULATION NO. 6 Series of 2003 SUBJECT : General Guidelines For The Conduct Of Random Drug Testing For Secondary And Tertiary Students Pursuant to Section 36 (c), Articie li! of Republic Act No. 8165, the following guidelines are hereby promulgated. The guidelines shall be applicable to the random drug testing of students in public and private secondary, tertiary /higher education institutions and post-secondary technical vocational schools. These guidelines outline the purposes of the random drug-testing program, as well 2s procedures and necessary consequences of a positive drug test result after confirmation. All procedures undertaken shall take into account the ideals of fairness and rehabilitation and not isolation of the drug dependent. The schoo! must not violate the constitutional rights to due process, equal protection and self-incrimination. A, GUIDING PRINCIPLES IN THE IMPLEMENTATION OF RANDOM DRUG TESTING IN SCHOOLS AND MANAGEMENT OF DRUG TEST RESULTS 1.. Government recognizes the primary responsibility of the family, particularly the parents for the education and awareness of its members of the ill effects of dangerous drugs. 2. Parental involvement shall be maximized in the implementation of drug education, random drug testing, treatment and rehabilitation of drug users and dependents. 3. The school, with the assistance of Local Government Units (LGUs) and other agencies where the school is located, has the obligation to employ every reasonable means to provide a healthy and drug-free environment to its popula 4. Cognizant of the right of the students to continue and compiete their studies, the government and the schools shall give emphasis to the mplementation of measures Bd, Reg. on random drug testing of secondary and tertiary 1Post Collection Phase ‘The analyst prepares the specimen for analysis in an accredited facility SO Results will be forwarded to the Supervising Agency who will coordinate with the School Drug Testing Coordinator * If confirmed Positive, the laboratory shall forward a sealed copy to the ‘Supervising Agency to ensure confidentiality ‘The Schoo! Drug Testing Coordinator shail personally inform the parent and the student about the result and appropriate intervention: ‘Bd, Reg. on General Guidelines for the Conduct of Random Drug Testing for Students of 9 Secondary. Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, Series of 2003Students who are prepared to give urine specimens shall approach the analyst table and select a specimen bottle —_ CO To safeguard the integrity of the urine sample, the student will be accompanied by a specimen collector of the same gender to the collection site ‘The student will be asked to thoroughly wash-and dry hands, empty pockets and remove outer garments (jackets, gowns etc) if any. A body search may also be done when necessary. See ite Observed collection of urine will then be.done ‘Student submits urine to specimen collector who then examines, in his/her presence, if urine collected can be accepted for testing. SCO Student and specimen collector goes back to the analyst table. The Student affixes his signature, date and time of collection to the “sealing tape” = COC The specimen collector “seals” the specimen bottle in the presence of the student. —=__ COC The specimen collector and student affix final signatures in the drug testing form attesting to the validity of the procedures done. — COC Bd, Reg. on General Guidelines for the Conduct of Random Drug Testing for Students of ‘Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, Series of 2003RANDOM DRUG TESTING FLOW CHART Pre- Specimen Collection Phase ‘Supervising Agency requires the creation of “Selection Board” at the school/institution level and orients them on roles and responsibilities including preparation of documents (eg.masterlist) Supervising Agency through the Selection Board, informs the parent/families of students on the Conduct of Random Drug Testing (RDT) in writing — Supervising Agency and the Department of Health prepares and plans the conduct of RDT and convenes the Team | ‘Specimen Collection Phase RDT Team meets with the Selection Board of the School concerned, pays courtesy call and does orientation, while simultaneously preparing the coltection site ee RDT Team and Selection Board, following set procedures, randomly select the students to be tested from the masterlist provided by the school — ROT Team orients the student on the process-of drug testing and other frequently asked topics ‘The students shall then be requested to accomplish a drug testing form —) CO Bd. Reg, on General Guidelines for the Conduct of Random Drug Testing for Students of Secondary, Tertiary, Vocational and Technical Schocls, Amending Board Regulation No. 6, Series of 2003Supervising Agency shell report the same to the Philippine Drug Enforcement Agency (PDEA) and the Dangerous Drugs Board (DDB) ‘Supervising Agencies should encourage institutionatization of Drug ‘Testing Activities in schools/institutions concemed over-and-above the random drug testing program conducted by the government. The Supervising Agencies and the DOH should help build up capacities of schools/institutions to achieve competencies and self-rellance on random drug testing. Schools who initiated the conduct of similar drug testing activities shall submit reports to the Supervising Agencies for proper accreditation of the Department of Health. Attached Is the flow chart of activities which shall be an integral part of this Regulation. All issuances, including Board Regulation No. 6, s. 2003 or part thereof Inconsistent herewith, are deorned repealed or modified accordingly. SECTION 7. _Effectivity ~ This Regulation shall teke effect after fifteen (15) days after its publication in two (2) newspapers of general circulation and after its registration with the’ Office of the National Administrative Register (ONAR), UP Law Center, Quezon City. APPROVED and ADOPTED, this 3° day of June. in the year of Our Lord, 2009 in Quezon City. (Sod) Secretary VICENTE C. SOTTO III Chairman, Dangerous Drugs Board Attested by: (Sgd) Undersecretary EDGAR C. GALVANTE Secretary of the Board Bd. Reg. on General Guidelines for the Conduct of Random Drug Testing for Students of Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, Series of 2003,iti, vil. vill, 4. The Supervising Agency shall remind the ROT Coordinator of the confidential nature of the results and strict handling of the “chain of custody” of the information should be observed. ‘The school/institution’s RDT Coordinator shall then inform the parent and the student of the results and now the information is regarded with utmost secrecy and confidentiality 1. The Coordinator shait remind the student that divulging the results with anybody will be at his own risk; and 2. That if possible, the information should remain in the confines of their house. ‘The parent, the RDT Coordinator and the student shall then prepare for a case conference to discuss issues of drug use and possible dependency. ‘The Drug Testing Coordinator shall refer the student and hisfer parent to a government-owned DOH-accredited facility or DOH-accredited government physician to determine the student's dependency level. A date and venue shall be selected for the case conference 4. Date should be agreeable to all concerned in the case conference (Parent, Student, RDT Coordinator and the DOH Accredited Physician). 2. Venue should have a semblance of privacy (preferably in a room, with an office table where group discussions and individual sessions can be done). 3. Whichever is more convenient for the student and parent, venue could be as follows: a. Regional Office or hospital of the DOH b. Regional Office of the Supervising Agency . Other designated venue which can assure privacy The RDT Coordinator shall inform Supervising Agency Central Office coordinator on the possible dates and venue for further discussions of options. Once, finalized, the group shall proceed as planned with the case conference. 4. Drug dependency tevel of the student shail be evaluated; 2. Cross reference of information shall be velidated from the parent and RDT Coordinator; 3. Treatment planning for the student shall be discussed and presented to the student and parent; 4, Options for treatmentt should be presented to the parent and student; 5, Ifa student (below 18 years of age) is found tobe a drug dopendent, the school authority shall safer him/her to the Department of Social Welfare and Development (DSWD) or a local social worker for counseling and other intervention; Bd. Reg. on General Guidelines for the Conduct of Random Drug Testing for Students of 3 Secondary, Tertiary, Vocational and Technical Schools, Amending Boerd Regulation No. 6, Series of 2003CHAIN OF CUSTODY. refers to procedures to account for each specimen by tracking its handling and storage from point of collection to final disposal. These procedures require that the applicant's identity is confirmed and that a Custody and Control Form is used from time of collection to receipt by the laboratory, Within the faboratory, appropriate chain of custody records must account for the samples until disposal. INTERVENTIONS- are therapeutic programs appropriate for high-risk individuals/students who are using dangerous drugs and who need ‘special assistance to recognize the signs and symptoms of initial drug use and dependency. It may include corrective or rehabilitative actions that may take the form of crisis Intervention, peer counseling, peer leadership programs, parent/peer groups, or psychological counseling at the individual or family level and structured rehabilitation programs. it may also include medical intervention of the afflicted student whenever necessary. LABORATORY. refers to a DOH-Accredited private or government facility that is capable of testing a specimen to determine the presence of dangerous drugs therein. SECTION 4. Letter D “PROCEDURES IN THE CONDUCT OF RANDOM DRUG TESTING” is hereby amended such that: Item 2.2. should read as: “The Supervising Agency shall inform all schools on their inclusion in the random drug testing program.” Item 4. on Treatment of Random Drug Test Results is hereby ‘amended in its entirety such that it shall read as follows: 4, TREATMENT OF RANDOM DRUG TEST RESULTS a. The results of the test shall be strictly confidential. No schoo! ‘shall publish or post results whether positive or negative. b. Any person who violates the rules of confidentiality of the results and selection shall be liable under Section 72 of RA 9165 anid such other appropriate laws. c. In case the test results are positive at the screening level, the ‘same specimen shall immediately be submitted for confirmation observing all strict chain of custody procedures and confidentiality of records. 4. If'a student Is “confirmed” to be using @ dangerous drug, the following shalt be observed: i. The Laboratory, places results in a sealed envelop for transmission to the Central Mffice of the Supervising Agency ii, The Supervising Agency shail then transmit the results to the concemed school/institution by informing the particular schoolinstitution’s random drug testing (RDT) Coordinator previously assigned by the selection board. Bd, Reg, on General Guidelines for the Conduct of Random Drug Testing for Students of 2 Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No. 6, Series of 2003Republic of the hbilippines Office of the President DANGEROUS DRUGS BOARD ‘SF DDB.—PDEA Baiting NLA Road Nato! Gort Co, at Tenge, ian, Quon Cy. Piigines ‘RO Bow Ne 3682 Mande, Te. No. 999-179, TdF. 156, Nebo seme sshanegh Seal engaah ea BOARD REGULATION No. 3 Series of 2009 SUBJECT: GENERAL GUIDELINES FOR THE CONDUCT OF RANDOM DRUG TESTING FOR STUDENTS OF SECONDARY, TERTIARY, VOCATIONAL AND TECHNICAL SCHOOLS, AMENDING BOARD REGULATION NO. 6, SERIES OF 2003 WHEREAS, Section 36 (c) , Article Ill of Republic Act $165, mandates that the students of secondary and tertiary schools shall undergo crug testing and that all drug testing expenses whether in public or private schools under this Section will be bome by the government, WHEREAS, govemment already implemented a similar random drug testing ‘ectivity in 2005 for secondary level students, and in 2007, for tertiary level students; WHEREAS, there is @ need to émend provisions of the implementing guidelines In order to adopt new policy directives and remedy perceived embiguities in the previous issuance; WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to emend Board Regulation No. 6, Series of 2003 spectically the following provisions thereof: SECTION 4. Subject, is hereby amended by including “students of vocational and technical schools", as among those covered by the guidelines which should now read as follows: Subject: “GENERAL GUIDELINES FOR THE CONDUCT OF RANDOM DRUG TESTING FOR STUDENTS OF SECONDARY, TERTIARY, VOCATIONAL AND TECHNICAL SCHOOLS” SECTION 2. Letter A “Guiding Principles in the Implementation of Random Drug Testing in Schools and Management of Drug Test Results” is hereby amended by adding another paragraph as paragraph number 12. 12, Random drug testing for students is considered by the government as entirely 2 “health” Iseue and aims to provide appropriate interventions, to those who will be tested positive for dangerous drug use, which will help the student stop further use and/or abuse of the substance. SECTION 3. Letter C “DEFINITION OF TERMS” is hereby amended to include the terms “CHAIN OF CUSTODY, INTERVENTIONS and LABORATORY, which shall be defined as follows: Bd. Reg, ov, General Guidelines for the Conduct of Random Drug Testing for Stuadentsuf 1 Secondary, Tertiary, Vocational and Technical Schools, Amending Board Regulation No.6, Series of 200310. 12, 13, 14. ATTY. NIC Noted by: The PRC-DTS shall be valid only for 2 weeks from the date of issuance. The collection site should be located within the same administrative region as the applicant laboratory. The permit shall be posted in a conspicuous area within the laboratory and temporary facility located at a remote site The DOH-BHFS may inspect the remote collection site prior to the issuance of the permit or monitor during the actual collection. A collection site shall have a controlied, secured and suitable area for specimen collection/storage, supplies and records. The minimum number of clients/donor for a remote collection site shall not be less than 20. The laboratory shall maintain records of all remote collections performed. In case of failure to perform the cotlection at the specified date, the laboratory shall inform DOH-BHFS/CHD in writing, facsimile, e-mail or through telephone within 48 hours before the scheduled date of collection, The DOH-BHFS shal! be informed of the new schecdule/s. Violations of the guidelines stated herein and in the IRR governing accreditation of DTLs and Manual of Operations for Drug Testing Laboratories shall be the basis for suspension/revocation of the PRC-DTS and the accreditation of the laboratory. a OLAS B. LUTERO Ill, CESO Ii Director IV Officeé-for Special Concern’Republica the shiimanes Department of Health BUREAU OF HEALTH FACILITIES AND SERVICES ‘Bg. 2" Floor San Lazace Compound ial Avenoe tz Cruz Manila SZEReR ne Pinca Pere crTab-aor oc = B October 1, 2003 Hureaw Circular No. O49 s.2003 To: All Owners/Operators of Drug Testing Laboratories with Accreditation Certificates issued by the Department of Health Subject: Guidelines for Remote Collection of Drug Testing Specimen. 1. Remote coilection shall be done for random drug testing only. 2. No drug testing examination shall be conducted at a temporary collection facility. 3. Only drug testing laboratories accredited by the Department of Health shall be allowed to perform collection of drug testing specimen at a temporary/remote facility. 4, No collection of drug testing specimen at a temporary/remote facility shail be done without PERMIT FOR REMOTE COLLECTION OF DRUG TESTING SPECIMEN (PCR-DTS) secured only from the DOH-BHFS 10 working days prior to the scheduled collection, PRC-DTS is not required for random drug test in cases of reasonable/suspicious cause, post accident and critically ili/disabled patients. 5. The following are the documentary requirements: 5.1. Letter of request to conduct remote collection containing the following information- date, time, venue of collection and estimate numbers of donors/clients/subjects. 5.2. Notarized MOA/contract between the contracting parties. 5.3. List of authorized personnel employed at the laboratory designated for remote collection. 5.4. Operational procedures for remote collection and transport (collection, transport, handling) in accordance with DOH-MANOPS for drug testing. 5.5. List of supplies, transport materials eg. Ice chest 6. Apermit fee of PhP 500.00 for each site shall be collected from the laboratory.4. For Private Security Personnel, such as: 4) Operators, managers and supervisors 2) Security Guards or Watchmen 3) Security Officers 4) Private Detectives and Investigators ©. Officers and members of Government Security Units, including their authorized representative who applied for the license to operate. ‘The testing shall be undertaken by the agency concemed. f. Employees of security guard training institutions, whether on full- time or part-time basis, including, other learning institutions, who hhandle firearm in the course of their employment and while within the premises.of said institutions. 2. To enforce the random drug test to:the following: a. Employees of licensed firearms. dealers or manufacturers, such as vault keepers or warehouse personnel, who handle firearms in the course of their employment; b. Licensed Private Security Personnel. MW. SCOPE AND-APPLICATION: 4. This SOP covers all person, whether natural or juridical, who would like to avail of the privileges that are within the regulatory authority of the PNP under PD1866, as amended, and RA 5487, including employees of licensed firearms dealers or manufacturers and private security agencies who handle firearms in the course of their employment. The commitment to undergo random drug testing to be conducted by the PNP shall be an added requirement for the issuance of the license or its renewal. 2. In the case of employees of private security training institutions and other learning institutions where the handling of firearms is involved in the course of their employment within the premises of their employers, the requirement of random drug testing shall be considered by the employers concerned pursuant to Articles V and Vi of RA 9165 in coordination with the Department of Labor and Employment (DOLE). In furtherance ofthe PNP's regulatory authority under PD 1866, said employers, shall submit a report that their respective establishments are drug-free workplaces for purposes of renewal of the licenses of the firearms registered under their names, in addition to other requirements. IV. DEFINITION OF TERMS 1. Individual applicant (License to Possess) — any person who is applying {for or renewing a license to possess firearms as well as permit lo carry firearm outside residence. 2. Juridical Entity (License to Possess) ~ refers to any entity applying for @ license to possess firearms through its duly authorized representative who is either the proprietor, manager and/or operator. Bd. Reg. on Guidelines on Mandatory Drug Testing of Applicants of PTCFOR 2 ‘drug testing as required by RA 9165. This is being conducted to selected individual or group of individuals without following @ specific pattern and without prior notice. 22. CHED Institutions offerina BS Crim. Courses — refer to Colleaes anda. As an added requirements pursuant to Section 36(b), RA £168, the applicant shall undergo mandatory drug test to be conducted by the DOH accredited Drug Testing Centers (DTCs). which shall also be accredited by tine PNP Accreditation Committee to transact business with the PNP under its rules. b. The drug test result and certificate issued by a licensed and an accredited DTC can be confirmed and validated through the Drug Testing Monitoring and Validation Center (OTMVC) under the supervision and control of the DOH via Information Technology (IT) by the consuming or the end-using office. The drug test result and certificate shall be valid for a one-year period from the actual dete of issue. c. The same drug test result and certificate may be used in pplication for any license invoking the same period of velidity. (The original copy of the drug test certificate shall be presented in support of the application only and shall not be taken from the applicant but to. be reproduced or photocopied by the consuming office and have it duly ‘authenticated. The authenticated copy shall remain with the end-using or consuming office so that the applicant may stil use the same original drug test certificate for other legal purposes.) 2. During the period of the employment of an employee of the licensed firearm dealer or manufacturer, who is designated 2s a warehouse personnel and/or vault keeper, or during the validity of the license of private security personne! employed by @ private security agency, they shall undergo random drug testing which shall be conducted by the PNP, in coordination with the ‘employer, thru a DOH accredited DTC. The cost of the random drug test shal be bore by their employers. 2. In case the employer takes the initiative of conducting the random

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