SOP No: HR-PA11

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SOP NO: HR-PA11 (List of Exhibits/Attachments)

Mission: Finance and Administration

Area: Human Resource (HR)

Activity: Personnel Administration (HR-PA)

Title:

Guidelines for the Implementation of a Drug-Free NFA Program

Date Approved/Issued: 02/10/2006

Date Effective: 02/10/2006

Digest:

I. TERMS OF REFERENCE

A. Rationale

B. Objective

C. Scope

D. Basis

II. IMPLEMENTING GUIDELINES

A. STATEMENT OF POLICIES

1. Drug-Free Workplace Committees

a. Drug-Free Workplace Committees for NFA central and field offices shall be created and shall be composed of the following:

a.1

National Level Drug-Free Workplace Committee

(NLDFWC) - shall have direct jurisdiction over all NFA officials and general jurisdiction over central / field office rank and file employees; It shall oversee and monitor the nationwide implementation of the program.

Chairman : Deputy Administrator for Finance & Administration

Vice Chairman : Asst. Administrator for Administration

Members : HRMD Department Manager

NFAEA National Representative

HSU-HRMD Medical Officer V

a.2

Department Level Drug - Free Workplace Committee

(DLDFWC)

- shall have direct jurisdiction over the rank and file employees in each C.O. department / office; shall report to the National Level Drug-Free Workplace Committee.

Chairman : Department Manager

Vice Chairman: Assistant Department Manager

Members : Administrative Assistant

NFAEA Representative

HSU-HRMD Medical Officer V

a.3

Regional Level Drug-Free Workplace Committee

(RLDFWC) -

shall have general jurisdiction over the rank and file employees in the entire region; it shall oversee the implementation of the program in the Regional Office and Provincial Offices under it and shall report to the National Level Drug-Free Workplace Committee

Chairman : Regional Manager

Vice Chairman: Assistant Regional Manager

Members : Provincial Managers

RAO

NFAEA Regional Representative

Regional Nurse, if any

In case of deliberation of drug-related case/s, only the Provincial Manager who has direct jurisdiction over an employee involved in the case that will be taken up shall attend the meeting with the Regional Level Drug-Free Workplace Committee.

a.4

Regional Office Drug-Free Workplace Committee

(RODFWC)

- shall have direct jurisdiction over the rank and file employees in the regional office; shall report to the Regional Level Drug-Free Workplace Committee.

Chairman : Assistant Regional Manager

Members : RAO

NFAEA Chapter Representative

Regional Nurse, if any

a.5

Provincial Office Drug-Free Workplace Committee

(PODFWC)

- shall have direct jurisdiction over the provincial office rank and file employees; shall report to the Regional Level Drug-Free Workplace Committee.

Chairman : Provincial Manager

Members : PAO

NFAEA Provincial Representative

Documents and communications from the Regional Office and Provincial Office Drug-Free Workplace Committees about employee’s involvement in drug-related cases should be coursed through the Regional Level Drug-Free Workplace Committee (RLDFWC). The RLDFWC Vice Chairman (ARM) can recommend the approval / endorsement, while the Chairman (RM) can approve or endorse such document or communication to the National Level Drug-Free Workplace Committee (NLDFWC) without necessarily convening the RLDFWC. This is aimed at protecting the personal interest of the employee concerned by keeping the matter in utmost confidentiality.

The RLDFWC should maintain a file copy of all documents and communications it has approved and endorsed.

Documents and communications from the Department Level Drug - Free Workplace Committee (DLDFWC) about its employees’ involvement in drug-related cases shall be forwarded directly to the National Level Drug-Free Workplace Committee (NLDFWC).

d. The Committees shall undertake the following duties and responsibilities:

Ensure the proper implementation of this guidelines and other rules and regulations promulgated relative thereto.

ii.

Plan, schedule and determine the employees who will undergo mandatory and random drug testing, based on the implementing guidelines.

iii. Initiate training programs related to the topic of dangerous drugs for supervisors.

iv.

Initiate continuing education and awareness program on the effects of dangerous drugs for the employees.

Initiate and adopt value formation, family enhancement and such other related and relevant programs.

vi.

Come up with an Employees Assistance Program intended for the Drug-Free NFA Program (such as but not limited to counselling, guidance, etc.)

vii.

Monitor the progress of an official / employee undergoing rehabilitation from confinement in a rehabilitation center to after-care and follow-up treatment.

viii.

For the National and Regional Level Drug-Free Workplace Committees, evaluate and assess the progress of the program.

2. HRMD, RAOs and PAOs for regional and provincial offices, respectively, shall be responsible for the following:

a. Conduct a regular advocacy campaign to inform all NFA employees of the following:

i. NFA’s position of maintaining a drug-free NFA,

ii. the dangers posed by the abuse of dangerous drugs,

iii. misconceptions against drug victims and drug testing,

iv. the availability of employees assistance program, if any,

the consequences, penalties, and administrative sanctions in violation thereof.

vi.

all the provisions of the Guidelines for the Implementation of the Drug-Free NFA Program so that all NFA employees will be aware of their responsibilities under the program and the consequences in case of violation thereof.

b. Display billboards / posters at strategic places in all NFA offices with the message:

“This is a Drug Free NFA. Let’s Keep It That Way.”

3. The HSU / Regional Nurse (or RAO if there is no Reg’l Nurse) / PAO shall be responsible for the following:

Coordinate with the concerned committee and the drug testing laboratory in scheduling the drug tests of employees;

b. Assist the employees and the drug testing laboratory during the drug test;

c. Facilitate the release of test results;

Coordinate with the drug testing laboratory on the submission of samples tested positive for confirmatory drug test

Assist the committees in monitoring the rehabilitation and after-care and follow up treatment of an employee.

4. Responsibilities of all NFA officials and employees:

a. Must never possess and / or use dangerous drugs and other substances of abuse;

Must not directly or indirectly sell, give, provide or administer any dangerous drugs and / or other substance of abuse to his / her co-employees or others and / or to commit or abet / aid in the commission of any unlawful acts penalized under RA 9165;

Must faithfully abide by the terms of this implementing guidelines as a condition for continued employment;

Must voluntarily seek treatment and rehabilitation, if they have problems related to dangerous drugs;

e. Must advocate against drug abuse;

f. Must help maintain a drug-free NFA.

5. NFA Drug Testing Program

a. NFA shall implement a Drug Testing Program in accordance with the pertinent provisions of RA 9165. It aims not to harass but to prevent the entry of illegal drugs and the abuse thereof in the NFA.

The kind of authorized drug tests shall be as follows:

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;

(Immunoassays are techniques for the detection and quantitation of antigens or antibodies. Much drug testing today is performed using the so called homogenous immunoassay. The term homogenous refers to the fact that these assays are all performed in a single step -- only one antibody is used in the procedure - per Clinical Diagnosis and Management by Laboratory Methods, 18th Edition, by John Bernard Henry).

ii.

Confirmatory Drug 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, which shall likewise be done by any government laboratory or by privately owned and operated drug testing laboratories accredited and monitored by DOH having confirmatory test capabilities;

b. Mandatory and random drug testings shall be conducted on employees in order to promote a safe and healthy drug-free working environment.

c. Due to budget constraints, not all NFA officials / employees may be subjected to mandatory drug testing at the initial implementation of this program. However, it is the program’s ultimate objective that all NFA officials / employees shall have undergone mandatory and / or random drug testing within a period of three (3) years after approval of this guidelines.

d. Conduct of Mandatory Drug Test

d.1 Upon approval of this guidelines, all NFA officials and employees who fall under the following categories shall undergo

mandatory drug testing,

to be repeated every three (3) years thereafter, the expenses of which shall be shouldered by NFA.

Officials / employees in high-risk/decision-making positions (all NFA executives with the rank or designation of Provincial Manager / Division Chief and above; Security Guards; Pilots; Drivers; members of the Drug-Free Workplace Committee; officials and employees of HSU-HRMD as well as Regional Nurses);

ii. Officials / employees with past history of drug use;

iii. Officials / employees who are recently involved in drug-related accidents ;

iv.

Officials / employees who have been discovered in possession of dangerous drugs paraphernalia;

Officials / employees who have been detained by police/filed with a charge in court for drug related cases.

d.2 Officials / employees

chosen for promotion

shall likewise undergo

mandatory drug test

before processing of appointment.

If at the time of his / her promotion, the official / employee has already undergone a drug test, the unexpired Drug Test Certificate issued in that test may be accepted. If the Drug Test Certificate has already expired, the official / employee shall have to undergo another mandatory drug test but shall be at his own expense.

d.3 Officials / employees reporting to work after undergoing rehabilitation in a treatment and rehabilitation center shall undergo mandatory drug test every 3 years, to be shouldered by NFA.

d.4 Applicants accepted to any NFA regular, contractual or job order positions, as well as Government Internship Program (GIP) and On-the-Job Training (OJT), shall likewise have to undergo mandatory drug testing before processing of appointment (for regular and contractual employees), issuance of contract for employment (for job order employees) and issuance of document of acceptance (for GIP and OJT). The expenses that may be incurred for the drug test shall be shouldered by the applicant.

Applicants to GIP and OJT who have undergone drug testing as required by their school pursuant to the provision (par. C, Section 36) of the Comprehensive Dangerous Drugs Act of 2002 or RA 9165, may submit the unexpired Drug-Test Certificate issued by the drug testing laboratory contracted by their school, otherwise they will have to undergo another drug-testing with the laboratory contracted by NFA, at the applicant’s expense.

e. Conduct of Random Drug Test

e.1 Random Drug Testing shall be done on selected NFA officials/ employees chosen by the concerned Drug-Free Workplace Committee.

e.2 There shall be no prior notice of the date and venue of the random drug test.

e.3 The officials and employees shall be chosen through a Random Selection Process or Procedure to be agreed upon by the Committee. One of the criteria for selection is the presence of reasonable ground (“cause” or “probable cause”) to believe that a random drug test is necessary, e.g.:

Attendance - frequent unauthorized absences, repeated tardiness, truancy from the job.

ii.

Personal Appearance - slurred speech, bloodshot eyes, drastic change in appearance, etc.

iii.

Mental Factor - hot-headedness, irritability, increased difficulty in handling assignments, etc.

iv.

General Performance - missed deadlines, low productivity, increased wastage, public complaints, frequent accidents, carelessness, etc.

Peer Relations - isolation, frequent quarrels with office mates, heavy borrowing, frequent mood swings, etc.

e.4 Expenses for the Randon Drug Test shall be borne by NFA.

6. The Mandatory and Random Drug Tests shall only be conducted by a Drug Testing Laboratory selected by HSU-HRMD for Central and Field Offices from among the drug testing laboratories duly authorized and accredited by DOH for the screening test.

7. Refusal to Undergo Authorized Drug Test

Officials / employees who fail to undergo mandatory drug test on the date scheduled for them despite having received a written notice, or refusal to go immediately to HSU (for central office employees) or to the place designated by the Regional Office / Provincial Office Drug-Free Workplace Committee (in case of regional / provincial office employees) for submission of urine to be used for random drug testing, shall be given a memorandum by the Drug-Free Workplace Committee requiring him / her to submit a written explanation within three (3) calendar days as to why he / she failed to submit himself / herself to mandatory / random drug test.

If the Committee determines that there is no valid reason on his / her failure to submit to mandatory / random drug testing, he / she shall be dealt with administratively and in accordance with

the

provisions of RA 9165 as discussed in II.B.2 (Sanctions) of this guidelines.

8. Drug Test Result

After the screening or confirmatory test, a drug test result shall be issued by the drug testing laboratory directly to the Department Level / Regional Office / Provincial Office Drug-Free Workplace Committee, as the case may be, and not to the person so tested. The same result must be signed by the authorized official of the laboratory, the employee/official who was subjected to drug testing and a witness.

If the result is negative, the drug testing laboratory shall issue a Drug Test Certificate which shall be good for one (1) year reckoned from the date of the drug test, and which could be used for other purposes.

If the result of the screening test is positive, the same urine sample which tested positive must be submitted for confirmatory testing.

9. Handling a Positive Result After Confirmatory Test

a. Upon discovery that a urine sample is tested positive for dangerous drugs after confirmatory test, such result shall immediately be made known to the Department Level / Regional Office / Provincial Office Drug-Free Workplace Committee, as the case may be.

b. After receipt of such information, the Committee shall inform the concerned employee/official of the result, brief him / her of the consequences / sanctions of his action (II.C.1 - Use of Dangerous Drugs), instruct him / her to undergo a Drug Dependency Examination within five (5) working days from such notice, and at the same time issue him / her a written memorandum of the same effect.

c. Expenses for the Drug Dependency Examination shall be borne by the official / employee and should be conducted by the DOH or by any medical practitioner of the official’s / employe’s choice as long as it is accredited by the DOH. The official / employee may undergo the necessary treatment and/or rehabilitation program depending upon the level/gravity of drug dependency of the official/ employee as determined by the DOH or medical practitioner:

i. Experimenter - Outpatient, guidance counseling

ii. Occasional User - Outpatient, guidance counseling and urine surveillance.

iii.

Chronic User/Drug Dependent

- Mandatory 6 month treatment and rehabilitation in any of the government rehabilitation centers.

10. Leave of Absence During Rehabilitation

a. Officials / employees undergoing confinement in a rehabilitation center (chronic users / drug dependent) shall be on leave of absence to be deducted from his / her leave credits.

b. Experimenters and occasional users who are on an out-patient basis only may still report to work as long as he / she will file an ALA when guidance counselling and / or urine surveillance schedules fall on a working day or working hours.

11. Payment for the rehabilitation program shall be borne by the concerned official / employee.

12. Certificate For Temporary Release from Confinement and Certification of Rehabilitation

a. If the center deems the employee / official is fit to be discharged from confinement, it shall issue a

certification that the official / employee may be temporarily released from the said center

with the condition that he / she shall report for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months after which he shall be given a

certification that he / she is already rehabilitated

b. To be permitted to report for work, the official / employee shall furnish the concerned Drug-Free Workplace Committee a copy of the certificate of temporary release from the center and assure the Committee that he / she shall religiously report for after-care and follow-up treatment.

The committee shall be provided with a photocopy of the employee’s / official’s schedule of after-care and follow-up treatment.

The monitoring booklet issued by the Rehabilitation Center where the schedule of after-care and follow-up treatment are listed together with the employee’s / official’s compliance thereto, shall be presented to the Committee after each follow-up and after-care treatment.

c. The concerned official / employee shall likewise furnish the concerned Drug Free Workplace Committe a copy of the certificate of rehabilitation to be cleared as a drug dependent.

13. Confirmation/Affirmation and Commitment to the Policy

At the initial implementation of this program, all NFA officials and employees shall sign the confirmation/affirmation form (

Exhibit 1

) after a thorough briefing on the provisions of this guidelines.

14. Confidentiality of Records

All results and records of the drug tests conducted shall remain strictly confidential. Government officials, employees and/or any person who intentionally or unintentionally breach the confidentiality of any drug test result shall be charged accordingly (II.B.6 of this guidelines).

15. Funding/Cost Requirements

The cost of the drug testing shall be part of the NFA yearly budgetary appropriation. The National Level Drug-Free Workplace Committee shall be responsible for submitting to the DTBFM the budget requirement for both central and field offices.

16. Monitoring

The Department, Regional Office and Provincial Office Drug-Free Workplace Committees shall submit to the National Level Drug-Free Workplace Committee an annual report (

Exhibit 2

) on the drug testing activities conducted on their personnel. The report from the Regional Office and Provincial Office Drug-Free Workplace Committees shall be properly endorsed by the Regional Level Drug-Free Workplace Committee. The data would include the

number

of personnel who have already undergone testing, the dates and the name/s of drug testing laboratories that conducted the test, and the number of personnel who tested positive and negative.

The National Level Drug-Free Workplace Committee shall submit to the Dangerous Drugs Board a consolidation of the reports (

Exhibit 3

) from the Departments, Regional Offices and Provincial Offices together with the data of the drug testing activities conducted on NFA officials.

B. SANCTIONS

1. Use of Dangerous Drugs

a. Per Section 15 (Use of Dangerous Drugs), Article II of RA 9165, any official / employee apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the

first offense

, subject to the provisions of Article VIII (Program for Treatment and Rehabilitation of Drug Dependents) of the same Act.

If apprehended using any dangerous drug for the

second time

, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from P50,00.00 to P200,000.00: Provided, that this provision shall not be applicable where the person tested is also found to have in his / her possession such quantity of any dangerous drug provided for under Section II (Possession of Dangerous Drugs) of RA 9165, in which case the provision stated therein shall apply.

b. Per Section 36 (d)

(Authorized Drug Testing - Officers and Employees of Public and Private Offices)

Article III of RA 9165, any officer or employee found positive for use of dangerous drugs (after a confirmatory test) shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law.

2. Refusal to Submit to Authorized Drug Test

Any official/employee who refuses, without any valid reason, to submit himself/herself for random/mandatory drug test, whichever is applicable, will be administratively dealt with in accordance with the existing office/agency rules and regulation without prejudice to Section 32 Article II of RA 9165

(Liability of a person violating any regulation issued by the Dangerous Drugs Board - the penalty of imprisonment ranging from 6 months and 1 day to four (4) years and a fine ranging from Ten thousand pesos (P10,000) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to RA 9165, in addition to the administrative sanctions imposed by the Board).

3. Any official/employee who, without any valid reason after being tested positive of drug use after a confirmatory test shall refuse to undergo the recommended rehabilitation program will be administratively dealt 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) Article III of RA 9165 and shall be subjected to Section 61 Article VIII of the same Act

(Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program)

and shall be charged for violation of Section 32 Article II of RA 9165.

4. Any official/employee who fails to submit himself / herself to a Drug Dependency Examination within the period specified in the memorandum issued to him / her, which resulted in the delay or failure to undergo the recommended rehabilitation program, shall be subjected to the same sanctions in B.3.

5. Any official/employee who for the second time has been detected to be using dangerous drugs after completion of his/her treatment and/or rehabilitation program or while undergoing treatment and/or rehabilitation may either be suspended or dismissed from the service subject to the Civil Service Laws, Rules and Regulations without prejudice to Section 15 Article II of RA 9165.

6. Any person who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of the offenses under the Act and its implementation, shall be imposed the penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), per Section 72 (Liability of a Person Who Violates the Confidentiality of Records), Article VIII of RA 9165.

7. Any official / employee found arrested/apprehended or charged in court for commission of any of the unlawful acts provided for under Article II of RA 9165 will either be suspended/dismissed 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.

C. DRUG PUSHING OR SALE, TRADING , ETC. OF DANGEROUS DRUGS

Officials / employees found selling, trading, administering, dispensing, delivering, distributing and transporting dangerous drugs and / or controlled precursors and essential chemicals shall be subjected to Section 5 Article II of RA 9165 (

Sale, Trade, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and / or Controlled Precursors and Essential Chemicals

) and shall be dealt with administratively in accordance with the provisions of the Civil Service Law.

D. DETAILED PROCEDURES

1. CONDUCT OF DRUG TEST

a. MANDATORY DRUG TEST

a.1 Concerned Drug-Free Workplace Committee

Plan, schedule and select the officials / employees who will undergo mandatory drug test.

Issue a memorandum containing the schedule for the mandatory drug test of concerned officials / employees.

a.2 Concerned Official / Employee

Proceed to HSU-HRMD / place designated by the Regional Office / Provincial Office Drug-Free Workplace Committee on the scheduled time / day of drug testing for submission of urine sample to be used for urine testing, etc.

b. RANDOM DRUG TEST

b.1 Concerned Drug-Free Workplace Committee

Select officials / employees who will undergo random drug testing.

Notify the randomly selected officials or employees to go

immediately

to HSU-HRMD / place designated by the Regional Office / Provincial Office Drug-Free Workplace Committee for random drug testing.

b.2 Concerned Official / Employee

Proceed immediately to HSU-HRMD / place designated by the Regional Office / Provincial Office Drug-Free Workplace Committee upon receipt of notice for submission of urine sample to be used for urine testing, etc.

c. CONDUCT OF SCREENING TEST

c.1 Concerned Official / Employee

Fill out and sign the consent and chain of custody form issued to him / her.

Provide urine sample and ensure that the urine specimen bottles are properly labeled and contain the correct name, ID number/employee number, position, date and the time when the urine sample was taken.

c.2 Concerned Drug-Free Workplace Committee & HSU-HRMD/ Regional Nurse, if any / RAO / PAO

Check if the name of the official / employee is included in the list scheduled for drug testing.

Ensure that the urine sample provided by the employee is taken in an area where manipulation (e.g. adding water) is not possible.

Ensure that urine specimen bottles are properly labeled and contain the name, ID number/employee number, position, date and the time when the urine sample was taken.

c.3 Authorized Drug Testing Laboratory

Provide consent and chain of custody form to be filled out by the official / employee.

Provide urine specimen bottles properly labeled with the official’s / employee’s correct name, ID number, employment number, position, date and the time when the urine sample was taken.

Conduct Screening Test.

Label properly and keep the urine specimen / samples which tested positive in the screening test separate from the samples that tested negative for dangerous drugs.

Issue to the Drug-Free Workplace Committee the result of the drug test (duly signed by the authorized representative of the Drug Testing Laboratory). If the result is negative, issue a Drug Test Certificate.

d. CONDUCT OF CONFIRMATORY TEST

d.1 Concerned Drug-Free Workplace Committee

Submit the same properly labeled urine specimen/sample which tested positive in the screening test for confirmatory testing to a laboratory having confirmatory capability.

d.2 Authorized Drug Testing Laboratory with Confirmatory Capability

Conduct confirmatory test.

After the confirmatory test, keep the same urine samples for the purpose of challenging the result.

After the confirmatory test, issue to the concerned Drug-Free Workplace Committee the result of the drug test (duly signed by the authorized representative of the Drug Testing Laboratory). If the result is negative, issue a Drug Test Certificate.

This implementing guidelines shall take effect February 10, 2006.

Approved : February 10, 2006

III. RESPONSIBILITIES

IV. FLOW CHART
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