Draft - DRUG-FREE WORKPLACE POLICY AND PROGRAM

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OPERATING POLICIES & GUIDELINES

Title: DRUG-FREE WORKPLACE POLICY AND Office Policy No. ERG-2022-003-Original


PROGRAM

Scope: Effectivity:

 This policy shall be applicable to all employees [Date signed]


of the Energy Renewables Group.

Prepared by: Approved by:

Maria Monica Tajon Frederick E. LaCroix


HR and Admin Officer President and CEO

Reviewed by: Date signed:

Scarlet San Luis


Finance Manager

In compliance 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 DOLE Department Order
No. 53-03, series of 2003 (Guidelines for the Implementation of a Drug-Free Workplace Policies and
Programs for the Private Sector), Element Renewables Group (ERG) hereby adopts the following policies
and programs to achieve a drug-free workplace:

1. POLICIES

Element Renewables Group (ERG) explicitly prohibits:

 The use, possession, solicitation for, or sale of dangerous drugs on company premises or while
performing an assignment.
 Possession, use, solicitation for, or sale of dangerous drugs away from the company premises, if
such activity or involvement adversely affects the employee's work performance, the safety of the
employee or of others, or puts at risk the company's reputation.

 The presence of any detectable amount of dangerous drugs in the employee's system while at
work, while on the premises of the company, or while on company business. "Dangerous
Drugs" include those listed in the Schedules annexed to the 1961 Single Convention on Nar-
cotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Sin-
gle Convention on Psychotropic Substances as enumerated in the attached annex of R.A. 9165.

2. PROGRAMS

2.1 MANDATORY DRUG TEST


2.1.1 To ensure that only those qualified shall be screened and recruited to prevent the detrimental
effects (e.g. lower productivity; poor decision making; increased accidents; more compen-
sation claims; and reduced team effort) which drug use and abuse may cause in the work-
place, the conduct of mandatory drug test shall be required for pre-employment in a duly ac-
credited drug testing center by the Department of Health (DOH).
2.1.2 Element Renewables Group (ERG) may also conduct drug testing under any of the follow-
ing circumstances:
2.1.2.1 RANDOM TESTING: Officer/employees may be selected at random for drug testing
at any interval determined by the Company.
2.1.2.2 FOR-CAUSE TESTING: The company may ask an officer/employee to submit to a
drug test at any time it feels that the employee may be under the influence of drugs, in-
cluding, but not limited to, the following circumstances: evidence of drugs on or about
the employee's person or in the employee's vicinity, unusual conduct on the employee's
part that suggests impairment or influence of drugs, negative performance patterns, or
excessive and unexplained absenteeism or tardiness.
2.1.2.3 POST-ACCIDENT TESTING: Any officer/employee involved in a “Near- Miss” in-
cident or “Work Accident” under circumstances that suggest possible use or influence
of drugs may be asked to submit to a drug test. As defined herein, “Near-Miss” means
an incident arising from or in the course of work which could have led to injuries or fa-
talities of the workers and/or considerable damage to the employer had it not been cur-
tailed. “Work Accident” refers to unplanned or unexpected occurrence 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.

2.1.3 All drug tests shall employ, among others, two (2) testing methods, the screening test which
will determine the positive result as well as the type of the drug used and the confirmatory
test which will confirm a positive screening test. Where the confirmatory test turns positive,
the company’s Assessment Team shall evaluate the results and determine the level of care
and administrative interventions that can be extended to the concerned employee.

2.1.4 Element Renewables Group (ERG) shall inform the officer/employee who was subjected to
a drug test of the test results whether positive or negative.

2.1.5 All costs of drug testing shall be borne by Element Renewables Group (ERG).

3. TREATMENT, REHABILITATION, AND REFERRAL

3.1 An officer/employee who, for the first time, is found positive for drug use, shall be referred for
treatment and/or rehabilitation in a DOH accredited center. For this purpose, Element Renewables
Group (ERG) shall provide a list of at least three (3) accredited facilities that an employee who
tested positive for drugs may choose from.

3.2 Following rehabilitation, the company’s Assessment Team, in consultation with the head of the
rehabilitation center, shall evaluate the status of the drug-dependent employee and recommend to
the employer the resumption of the employee’s job if he/she poses no serious danger to his/her co-
employees and/or the workplace.

3.3 All costs for the treatment and rehabilitation of the drug-dependent employee shall be charged to
his account. The period during which the employee is under treatment or rehabilitation shall be
considered as authorized leaves.

3.4 Repeated drug use even after ample opportunity for treatment and rehabilitation shall be dealt with
the corresponding penalties under R.A. 9165 and is a ground for dismissal.

4. ADVOCACY, EDUCATION, AND TRAINING

4.1 Element Renewables Group (ERG) undertakes to increase the awareness and education of its
officers and employees on the adverse effects of dangerous drugs through continuous advocacy,
education, and training programs/activities for all its officers and employees.

4.2 To encourage all officers and employees to lead a healthy lifestyle while at work and at home,
Element Renewables Group (ERG) undertakes to conduct the following activities as often as
possible:

4.2.1 Lifestyle assessment programs on health nutrition, weight management, stress management,
alcohol abuse, smoking cessation, and other indicators of risk diseases;

4.2.2 Health wellness screenings (e.g. blood pressure and heart rate, cholesterol test, blood
glucose, etc.);

4.2.3 Sports, recreational and fun-game activities; and,

4.2.4 Other activities promoting health and wellness.

5. ROLES, RIGHTS, AND RESPONSIBILITIES OF EMPLOYER AND EMPLOYEES

5.1 Element Renewables Group (ERG) shall ensure that the workplace policies and programs on the
prevention and control of dangerous drugs, including drug testing, shall be disseminated to all
officers and employees. The employer shall obtain a written acknowledgment from the
employees that the policy has been read and understood by them.

5.2 Element Renewables Group (ERG) shall maintain the confidentiality of all information relating to
drug tests or to the identification of drug users in the workplace; exceptions may be made only
where required by law, in case of overriding public health and safety concerns; or where such
exceptions have been authorized in writing by the person concerned.
5.3 All officers and employees shall enjoy the right to due process, the absence of which will render
the referral procedure ineffective.

6. CONSEQUENCES OF POLICY VIOLATIONS

6.1 Any officer or employee who uses, possesses, distributes, sells or attempts to sell, tolerates, or
transfers dangerous drugs or otherwise commits other unlawful acts as defined under Article II of
RA 9165 and its Implementing Rules and Regulations shall be subject to the pertinent provisions
of the said Act.

6.2 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 Code
and under RA 9165.

7. MONITORING AND EVALUATION

The implementation of these policies and programs shall be monitored and evaluated periodically by
management to ensure a drug-free workplace. For this purpose, an Assessment Team shall be constituted in
accordance with D.O. 53- 03.

8. EFFECTIVITY

The provisions of these policies and programs shall t ake effect immediately and shall be made known
to every employee.

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