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TAGUM AGRICULTURAL DEVELOPMENT COMPANY INCORPORATED

HUMAN RESOURCES DEPARTMENT


Barangay A.O. Floirendo, Panabo City

HUMAN RESOURCES Effectivity date


DEPARTMENT – LABOR TADECO ANTI-DRUNK DRIVING POLICY
RELATIONS SECTION Revision no.
Index: ARTICLE I. DECLARATION OF POLICY Page 1 of 7
Sec. 1.0 RATIONALE
In consonance to the prevailing Republic Act No. 10586 also known as “Anti-Drunk Driving and Drugged Driving Act of 2013,
which hereby declared the policy of the State to ensure road safety through the observance of the citizenry of responsible
and ethical driving standards, this policy and regulation was designed.

The company shall establish a policy and regulation to ensure public safety and security for all the people of TADECO in
accordance to the R.A. 10586.

The policy envisions to provide a safe environment and transportation to all motorist and commuters within the company
premises, wherein such policy shall mutually protect the company as well as its employees by way of reducing if not
eradicating accident-related cost, damages and injuries.

Sec. 2.0 TITLE

This policy shall be known as “TADECO ANTI-DRUNK DRIVING POLICY”.

Se. 3.0 SCOPE AND LIMITATION

This policy shall cover all TADECO and its affiliate vehicle drivers / motorists of either company service vehicles regardless of
the place, location and official transaction, or personally-owned vehicles, including public utility vehicle drivers, visitors’
vehicles and all other vehicles plying the plantation roads or to any point within, going to or from the company premises.

Further, such policy shall not, in any way surpass nor disdain the application of the R.A. 10586. The effect of which shall only
be applied for administrative case and for the prerogative reserved for the company by law to exercise in the conduct of its
freedom and right to protect life, property and the welfare of its constituents. This policy shall be a supplementary support
and in addition of the company policy for traffic safety and security measures.

Sec. 4.0 GOVERNING PROVISION

The commission of driving when under the influence of alcohol is a violation to the company’s’ existing road safety and
security policy, specifically, the Class C. Section 8. of the Company Code of Discipline, to wit; “Failure to meet or submit to
safety and security requirements of the company”.

Sec. 5.0 DEFINITION OF TERMS

a. Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces
intoxication.

b. Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath analyzer test or to any methods as provided in Article II. Sec. 3.0 of
this policy reached the level of intoxication.

c. Motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power.

d. Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods.

e. Company premises refers to the internal territorial boundary of the company owned and operated site or location.

f. Intoxication is the point at which alcohol depresses the central nervous system so that mood, physical and mental abilities
are noticeably changed (Legal Level of Intoxication and Blood Alcohol Concentration, refer to Article II. Section 4.0).

Prepared by: Recommending approval: Approved by:

LABOR RELATIONS ROMH M. DELOS REYES / EMMANUEL L. PATRIARCA EDGARDO B. ESPIRITU


SECTION Manager, HRMD Assistant Vice-President, HRD Vice-President, Services Division
TAGUM AGRICULTURAL DEVELOPMENT COMPANY INCORPORATED
HUMAN RESOURCES DEPARTMENT
Barangay A.O. Floirendo, Panabo City

HUMAN RESOURCES Effectivity date


DEPARTMENT – LABOR TADECO ANTI-DRUNK DRIVING POLICY
RELATIONS SECTION Revision no.
Index: ARTICLE II. GENERAL STATEMENT Page 2 of 7
Sec. 1.0 VIOLATION

It shall constitute a violation if a person, whether an employee or not, drives a motor vehicle while under the influence of
alcohol or other similar substances within company premises.

A probable cause shall be established that a person is driving under the influence of alcohol, by apparent indications and
manifestations, including over speeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident
smell of alcohol in a person’s breath.

Sec. 2.0 APPLICABILITY

This policy shall apply to:


 1.2. TADECO and its affiliates company service vehicle drivers and motorists;
 1.3. Public and Private utility vehicle drivers whose route shall pass TADECO premises;
 1.4. Visitors vehicle drivers;
 1.5. All TADECO employees whether fixed term or regular using personal service
 1.6. Other vehicle drivers plying inside the plantation roads or to any point within the company premises.

Sec. 3.0 TESTS

In order to determine if a person driving is intoxicated or under the influence of alcohol, the following test shall be used and
shall be conducted:
 3.1. Breath analyzer refers to the equipment which determines the blood alcohol concentration level of a person
through testing of his breath.
 3.2. Field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the
horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand.

In every vehicular accident or when probable cause is manifested as provided in Article II. Sec. 1.0 Paragraph 2 in this policy,
it shall be mandatory in the SF report to include the recorded Blood Alcohol Concentration that shall be determinate of
whether or not the driver is under the influence of alcohol.

Such report shall be transmitted to concern offices under Services Division, Human Resources Department and to Labor
Relations Section which shall then conduct the administrative proceedings, which includes issuance of notice of violation,
hearing and decision.

Sec. 4.0 LEVEL OF INTOXICATION

A person’s Blood Alcohol Concentration level measures the amount of alcohol in the blood, by recording the milligrams of
ethanol per milliliters of blood. In uniformity of the prevailing Philippine laws and of the accepted legal blood alcohol
concentration by the Department of Health, Department of Transportation and National Police Commission, this policy shall
follow 0.05 % BAC rule.

The person shall violate this policy if, the recorded BAC during at the exact moment of capture reached or exceed 0.05 % of
Blood Alcohol Concentration.

Prepared by: Recommending approval: Approved by:

LABOR RELATIONS ROMH M. DELOS REYES / EMMANUEL L. PATRIARCA EDGARDO B. ESPIRITU


SECTION Manager, HRMD Assistant Vice-President, HRD Vice-President, Services Division
TAGUM AGRICULTURAL DEVELOPMENT COMPANY INCORPORATED
HUMAN RESOURCES DEPARTMENT
Barangay A.O. Floirendo, Panabo City

HUMAN RESOURCES Effectivity date


DEPARTMENT – LABOR TADECO ANTI-DRUNK DRIVING POLICY
RELATIONS SECTION Revision no.
Index: ARTICLE III. PENALTIES Page 3 of 7
Sec. 1.0 NATURE
The penalties imposed upon a person who will violate this policy as enumerated in Article II. Section 2.0 and under the
limitations provided in Article I. Section 3.0 of this policy shall be based on the circumstances of the commission of the
offense, whether aggravating or mitigating circumstance.
 1.1a. It shall be an aggravating circumstance, when, as a result of the offense, the company incurred material losses
and damages, there is a reported casualty of the incident, if the subject drank within company premises, when the
subject tries to evade or escape during apprehension by the duly authorized company personnel as provided in
Article IV of this policy, no valid company gate pass and the offender also violated other policies of the company
such as, bio-security measures and the like.
 1.1b. It shall be a mitigating circumstance, when, the incident happened during legal holidays and company party
event or during day off, the incident happened 1 hour and beyond after work but not later than 11:59 in the evening,
the vehicle used has a complete pertinent documents, the incident occurred by a cause of a natural circumstance
excluding the effect of alcohol and the recorded BAC at the time of capture only is only 0.05 % or below.
Further, the implementing rules and regulations for Employee’s Compensation (EC) shall also be implemented when at
times of accidents.
Sec. 2.0 APPLICABLE PENALTY
In all cases of violation in this policy, where, there is a valid company gate pass, it shall be automatically revoked, regardless
of who utilizes the vehicle.
The following shall be the standard penalties to be imposed for the following:
 2.1. All TADECO employees (fixed term and regular workers)
 2.2. Other vehicle drivers plying inside the plantation roads or to any point within the company premises.
Specifically, those inhabitants living inside the company premises.
 2.2a. Any outsider who shall violate this policy shall be automatically be registered on the SF black lists for
proper imposition of prohibition or ban and for monitoring.
 2.2b. The employee owning or is directly accountable to such vehicle used shall be held liable of the acts of
their dependents or to any outsider who use or operate the motor vehicle that violated this policy.
 2.3. Public and Private utility vehicle drivers whose route shall pass TADECO premises.
PENALTY
FREQUENCY
FIRST OFFENSE 10 DAYS SUSPENSION WITH 1 MONTH PROHIBITION TO PROCESS OR APPLY GATE PASS

SECOND OFFENSE 25 DAYS SUSPENSION WITH 2 MONTHS PROHIBITION TO PROCESS OR APPLY GATE
PASS
THIRD OFFENSE 30 DAYS SUSPENSION WITH 3 MONTHS PROHIBITION TO PROCESS OR APPLY, OR
TERMINATION WITH PERPETUAL DISQUALIFICATION TO PROCESS GATE PASS

FREQUENCY PENALTY
FIRST OFFENSE BAN THE DRIVER TO ENTER OR PASS INSIDE COMPANY PREMISES

Sec. 3.0 CALIBRATION OF PENALTY


There shall be an addition of two (2) days suspension of the principal penalty in every aggravating circumstance present in
an incident and one (1) day deduction in every mitigating circumstance present.

In the event that the calibrated penalty exceeds 30 days under the periods of first to second offense, the violator shall only
be meted to 30 days maximum. In case the offense reached in the period of third offense, the sanction shall be 30 days
suspension with 3 months prohibition to process or apply a gate pass if mitigated, and a termination with perpetual
disqualification to process a gate pass if aggravated.

Prepared by: Recommending approval: Approved by:

LABOR RELATIONS ROMH M. DELOS REYES / EMMANUEL L. PATRIARCA EDGARDO B. ESPIRITU


SECTION Manager, HRMD Assistant Vice-President, HRD Vice-President, Services Division
TAGUM AGRICULTURAL DEVELOPMENT COMPANY INCORPORATED
HUMAN RESOURCES DEPARTMENT
Barangay A.O. Floirendo, Panabo City

HUMAN RESOURCES Effectivity date


DEPARTMENT – LABOR TADECO ANTI-DRUNK DRIVING POLICY
RELATIONS SECTION Revision no.
Index: ARTICLE IV. ADMINISTRATION Page 4 of 7

Sec. 1.0 IMPLEMENTATION

Services Division or other departments under the Services Division whose line of function includes administrative discipline,
monitoring and enforcement of the rules and regulation and policies of the company shall be tasked to administer this
policy.

Any department or district office or any employee, which observed any probable cause and during vehicular accidents, could
immediately inform the Security Force office for the conduct of BAC thru breath analysis so that a report will be addressed
to the Human Resources Department (HRD) of the Services Division. Disciplinary process and actions are to be handled by
the authorized hearing officers under the Labor Relations Section of the Human Resources Management and Development
(HRMD) unit for proper disposition.

This Policy shall be jointly administered and implemented with coordination and cooperation of TADECO and the Local
Government of A.O. Floirendo, Panabo City.

Sec. 2.0 ENFORCEMENT PROCEDURE

The TADECO Security Force shall be equipped by a Breath Analyzer at the Main Gate to be used in determining Alcohol
Concentration when they respond to a vehicular accident most especially those incidents that involve company owned
vehicles and employees. Also, the liaison officer of HMFA section assigned to perform the similar task of SF when or at times
when the SF is not available to respond.

In all SF reports pertaining, but not limited to, vehicular accidents should include the state of the driver whether intoxicated
or not as determined by the Breath Analyzer. In the absence of a Breath Analyzer a Field Sobriety test must be conducted,
However, for situations when the driver is unconscious, the responding SF officers shall gather proofs of whether or not the
driver is intoxicated, or the medical tests results from the hospital shall be determinable information to prove such. In case
when the driver resists to undergo test as provided in Article II Sec. 3.0, shall constitute a violation of Class D, Sec. 25 of the
Company Code of Discipline and shall warrant the employees dismissal if proven guilty.

The SF must immediately make a report after they respond to any accident then it shall be submitted to HRD who shall issue
a notice of violation, thereafter a hearing must be conducted to determine the weight of the case for the appropriate
penalty. The case decision coming from the HRD shall be furnished and must be transmitted to the security force and,
licensing and registration section for decisions involving prohibition, revocation and ban to any violators of this policy for
proper implementation of their sanction provided in Article III. Section 2.0. of this policy.

Please see Process Flow attached as “Annex A”.

Sec. 3.0 ADMINISTRATIVE CASE PROCEDURE

An administrative case shall proceed based on the report with probable cause as required in Article II. Section 1.0 and of a
substantial evidence to be provided by the Security Force detailing the incident, which report shall be submitted to TADECO
HRD and Labor Relations Section.

The case shall be provided by a standard Due Process without any discrimination. Decision of the case shall be promulgated
within 26 days upon the receipt of HRD-Labor Relations Section of the report for a speedy disposition of the case.

Please see Process Flow attached as “Annex B”.

Prepared by: Recommending approval: Approved by:

LABOR RELATIONS ROMH M. DELOS REYES / EMMANUEL L. PATRIARCA EDGARDO B. ESPIRITU


SECTION Manager, HRMD Assistant Vice-President, HRD Vice-President, Services Division
TAGUM AGRICULTURAL DEVELOPMENT COMPANY INCORPORATED
HUMAN RESOURCES DEPARTMENT
Barangay A.O. Floirendo, Panabo City

HUMAN RESOURCES Effectivity date


DEPARTMENT – LABOR TADECO ANTI-DRUNK DRIVING POLICY
RELATIONS SECTION Revision no.
Index: ARTICLE V. EFFECTIVITY Page 5 of 7

Sec. 1.0 INFORMATION DRIVE

There shall be an Information Campaign within one (1) month from the approval of the TADECO-ADDP as well as the
implementing rules and regulations of R.A. 10586 in coordination with the Labor Relations Section, OSHHMS Section of HRD
and the local government unit and other concerned offices, which shall conduct information, education and communication
campaign.

TADECO Security Force shall also be educated of the proper procedures for the conduct and implementation of this policy.
Specifically, the proper use of breath analyzer apparatus, mandatory determination of Blood Alcohol Concentration of
drivers involving accident reports and acceptable Field Sobriety tests.

Sec. 2.0 EFFECTIVITY

This Policy shall take effect on the succeeding day of the approval.

Sec. 3.0 AMENDMENTS AND REVISION/REVOCATION

Any amendments of this policy may be raised by any legitimate official or person, which shall be decided and shall be
approved by the same officials who affix their signature for the effectivity of this act.

Any Revision or Revocation of this policy shall only be made after one (1) year upon its promulgation and every two (2) years
thereafter, to review the applicability and enforcement of this policy.

Sec. 4.0 REPEALING CLAUSE

All prevailing orders and instructions before the adoption of this policy that are not in harmony and are inconsistent, are
hereby repealed upon the approval of this policy.

Prepared by: Recommending approval: Approved by:

LABOR RELATIONS ROMH M. DELOS REYES / EMMANUEL L. PATRIARCA EDGARDO B. ESPIRITU


SECTION Manager, HRMD Assistant Vice-President, HRD Vice-President, Services Division

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