‘Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon City ‘hurp/iwww.dilg gov.ph DRUG-FREE LOCAL GOVERNMENT UNITS Memorandum Circular No. 1.0 Background 1.1. Pursuant to RA No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as amended, all public officials shall undergo an authorized drug testing to guarantee that all government offices are drug-free, and to ensure the public of effective and efficient service from the government, free from the ill-effects of drug use In the workplace. 1.2. The Dangerous Drugs Board (DDB) issued Board Resolution No. 13, approved and adopted on August 30, 2018, enjoins all government agencies to establish and institutionalize drug-free workplace policies to operationalize the mandate of the law. 2.0 Purpose 2.1. This policy aims to promote a drug-free workplace in all local government units (LGUs) and ensure that all local public officers, both elective and appointive, remain drug-free, 3.0 Scope/Coverage 3.1. All Provincial Governors, City and Municipal Mayors, Punong Barangays, Local Anti- Drug Abuse Councils, DILG Regional and Provincial Directors, DILG City and Municipal Local Government Operations Officers, ARMM Regional Governor, and all others concerned 4.0 Policy Content and Guidelines 4.1, Roles and Responsibilities of LGUs. 4.1.1. All Local Sanggunian shall enact their respective ordinances mandating the establishment of drug-free workplace policies, which shall provide the responsibilities of the LGU including the maintenance of a drug-free workplace, the conduct of substance abuse awareness and prevention programs, the conduct of an authorized mandatory and random drug testing, and the provision of adequate funding? for its implementation. 4.1.1.1, All Sangguniang Panlalawigan shall enact a Provincial Ordinance mandating the establishment of drug-free workplace policies in cities and municipalities under its jurisdiction. *The LGU shall ensure annual funding for the implementation of this Regulation in their respective budgets pursuant to the Philippine Ant-llegal Drugs Strategy. Funds may also be sourced from allocated budget for ‘employee health and wellness,4112. 41.1.3, 4.14. All Sangguniang Panlungsod and Sangguniang Bayan shall also enact their respective ordinances mandating the establishment of drug-free workplace policies in their component barangays. ‘The drug-free workplace policies shall be enacted within two (2) months from the effectivity of this MC. Failure to enact such Ordinance shall cause sanctions against responsible officials pursuant to Section 60 of the Local Government Code without prejudice to the filing of a case for violation of Section 32, Article Il of the Act. 4.1.2. All Local Chief Executives (LCEs) shall perform the following: 41.2.1. 41.2.2. 41.2.3. 4124, 41.25, Adopt and implement a continuing and sustainable substance abuse awareness and prevention program. institutionalized through the Drug-Free Workplace Policy enacted by the respective local sanggunian; Create a Drug-Free Workplace Committee, composed of members of the management, rank and file employees, and the employees’ union, that shall assist the LCE in drafting and implementing the provisions of the Policy; Create an Assessment Team, through the Committee, composed of personnel with educational and training backgrounds on medicine, psychology, social work, and human resources administration, that shall assist in the conduct of substance abuse awareness and prevention programs"; Create a sustainable Employee Assistance Program (EAP)?, which shall: a) Provide resources for and/or referrals to medical interventions for public officers that require the same as mandated under this MC, b) Help local government officials or employees with alcohol or drug-related issues and problems that may affect work performance, ©) Conduct a drug dependency examination to determine the level of substance use disorder and the applicable intervention to any public officer who sought proper intervention prior to the conduct of an authorized drug test. Inform all other local officials and employees about the following: a) The Drug-Free Workplace Policy, b) The medical and social risks associated with drug use, ©) The administrative and criminal sanctions with respect to drug use and violations of the Act, and 4) The availability of the EAP 2 The local government unit shall ensure that members of the Team undergo regular training. 2 The EAP shall be jointly implemented by the agency, the employees, and employees! union, as applicable. ‘The Assessment Team shall be actively involved the implementation of the EAP.42, 43. Pre-employment Drug Testing, The following guidelines shall be strictly observed in the hiring of personnel in LGUs: 421. 42.2. Mandatory drug testing shall remain a requirement for initial entry into government service. ‘Any applicant found positive for drug use shall be denied entry to government service, Authorized Drug Testing. The following guidelines shall be followed in the conduct of, an authorized drug test: 431. 43.2. 43.3. 43.4. 435. 436. 437. 438, ‘The purpose of the authorized drug testing is to prevent the entry and use of dangerous drugs in local government offices. ‘The frequency of such testing, which shall be conducted in a random manner, shall take into consideration, among others, the number of public officers, nature of work being discharged, funding, and other logistics. Contract of Service or Job Order employees shall be subject to the conduct of authorized drug testing, which shall also be reflected in the Drug-Free Workplace Policy of the LGU concerned. All results of authorized drug testing activities shall be strictly confidential. Only the LCE and the members of the Assessment Team shall have access to such results. All authorized drug testing shall be conducted only by drug testing laboratories accredited by the Department of Health (DOH). It shall employ, among others, two (2) testing methods, the screening test, which will determine the positive result and the type of the drug used, and the confirmatory test, which will confirm a positive screening test. In case of a negative drug test result, no further action is required. A positive drug test result from the confirmatory test shall immediately be communicated to the LCE, who shall notify the public officer concerned. The public officer shall have 15 days from receipt of notice to challenge the result of the confirmatory test. Using the same specimen, a challenge test shall be conducted by a drug testing laboratory accredited by the DOH. All expenses incurred in the conduct of the challenge test shall be borne by the concerned public officer. A positive drug test result from the challenge test is deemed final and the public officer shall be subjected to administrative proceedings. Failure to file a challenge within the prescribed period shall render the positive drug test result from the confirmatory drug test final. The Agency shall then take the appropriate action,44, 45. 5.0 5a. 52. 6.0 6.1. 62. 63. Confidentiality 44.1. All drug test results and records shall strictly be held confidential, and shall be attached to the 201 File of all officials and employees. 4.4.2. Any person who, having official custody or access to all data and information relative to the conduct of the authorized drug testing, or anyone who, having gained possession of such data and information, reveals their content to any person not authorized to have access thereto, shall be prosecuted for violation of Section 32, Article Il of the Act. Dissemination 45.1. AILDILG Regional Directors, ARMM Regional Governor and DILG field officers are directed to cause the widest dissemination of this Memorandum Circular in their respective areas of jurisdiction. Reporting and Monitoring All LGUs are required to submit their respective drug-free workplace programs and reports on the following: 5.1.1, Number of officials and employees subject to drug testing; 5.1.2, Number of officials and employees found positive for drug use; and 5.1.3. Action/s taken by the Committee on officials and employees found positive for drug use Reports must be submitted by the LGUs to the DILG, through the DILG Regional Offices, on a quarterly basis. The DILG ROs are to submit the reports to the DILG-BLGS every 10" day of the succeeding quarter, using the herein attached reporting format. ‘Submissions are to be made through electronic mail at blgspcma@gmail.com. Sanctions |. Any LGU that fails to formulate or implement the Drug-Free Workplace Policy within ‘two (2) months after the effectivity of this MC shall be held liable for violating the regulation issued by the DDB as provided under Article II, Section 32 of R.A. No. 9165 and DDB Resolution No. 13, series of 2018. Any appointive local official or local employee who refuses, without any valid reason, to submit himself/herself to authorized drug testing, or is found positive for drug use after the conduct of a confirmatory test in an authorized drug testing activity shall be charged with the administrative offense of grave misconduct pursuant to existing laws, rules and regulations of the Civil Service Commission. ‘Any elective local official who refuses, without any valid reason, to submit himself/herself to authorized drug testing, or is found positive for drug use after the conduct of a confirmatory test in an authorized drug testing activity shall be subject to disciplinary action for misconduct in office pursuant to Section 60 of the Local Government Code and Article 124 (3) of its Implementing Rules and Regulations.6.4. 65. 66. 67. ‘Any local public officer found to have tampered the result of a drug test, interfered with the conduct of the drug test or in the release of drug test results, or violated rules of confidentiality of records shall be charged with the administrative offense of grave misconduct without prejudice to the filing of a case for violation of Article Il, Section 32, Article Il of R.A. No. 9165. Any local public officer who violated the provisions of Article II of R.A. No. 9165 shall be charged with the administrative offense of grave misconduct or face disciplinary sanction under Section 60 of the Local Government Code without prejudice to the filing of criminal charges under R.A. No. 9165 and other relevant laws. Pursuant to DDB Regulation No. 2, series of 2004, as amended, any local elected official found positive for use of dangerous drugs shall be subjected to disciplinary /administrative proceedings with a penalty of dismissal from service at first offense. ‘This Department, through the Legal and Legislative Liaison Service, shall cause the filing of cases for the local government units concerned to the Office of the Ombudsman, 7.0 Repeal and Separability 7.1. All Department issuances inconsistent with this MC shall be deemed repealed and/or modified accordingly. 7.2. _ Ifany part or provision of this MC is held invalid or unconstitutional, other provisions not affected shall remain in force and effect. 8.0 Effectivity a1. ‘This Memorandum Circular shall take effect immediately. 9.0 Approving Authority EDUARDO M. ANO- Officer-in-Charge, DILG 10.0 Feedback 10.1. For related queries, kindly contact the following: 10.1.1. The Dangerous Drugs Board, at Tel. No. (632) 929-1753 or at email address at info@ddb.gov ph. 10.1.2, The Bureau of Local Government Supervision, DILG Central Office, at Tel. No. (632) 876-3454 loc. 4201 or at email address at blgs.od2016@gmail.com.Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA corner Quezon Avenue, West Triangle, Quezon City huxp/www dig gov-ph DRUG-FREE LOCAL GOVERNMENT UNITS. Region (ON Quarter Name of LGU Number of officialsand | Number of officials and employees subject to drug | employees found positive testing for drug use Name of officials | Position/designation | LGU ‘Action/s taken by and employees the Committee on found positive for officials and druguse employees found positive for drug use Prepared by: Noted by: Regional Director