ORDINANCE NO: 2023-551
(Sponsored by: Honorable Priscilla M. Fernandez)
"AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE PUBLIC WORKPLACE IN ALL GOVERNMENT OFFICES AND, FOR THE PURPOSE, MANDATING THE CONDUCT OF DRUG TESTING FOR ALL CITY ELECTIVE OFFICIALS AS WELL AS ALL BARANGAY ELECTIVE AND APPOINTIVE OFFICIALS TO INCLUDE ITS EMPLOYEES/WORKERS"
Be it ordained by the Sangguniang Panlungsod (14th City Council) of the City of Pagadian in session assembled, to wit:
CHAPTER I - GENERAL PROVISIONS
ARTICLE I
TITLE
Section 1. - Title. This ordinance shall be known and cited as the "AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE PUBLIC WORKPLACE IN ALL GOVERNMENT OFFICES AND, FOR THE PURPOSE, MANDATING THE CONDUCT OF DRUG TESTING FOR ALL CITY ELECTIVE OFFICIALS AS WELL AS ALL BARANGAY ELECTIVE AND APPOINTIVE OFFICIALS TO INCLUDE ITS EMPLOYEES/WORKERS."
ARTICLE II
OBJECTIVES
Section 2. Objectives. - This Ordinance aims to promote the establishment and institutionalization of a drug-free workplace policies in all government agencies and ensure that all public officers, both elective and appointive, including all employees/workers shall remain drug-free through the conduct of authorized drug testing pursuant to R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as amended. With this, the public will be ensured of effective and efficient service from the government, free from the ill-effects of drug use in the workplace.
ARTICLE III
SCOPE
Section 3. Scope of Application. - This Ordinance shall cover all city elective officials as well as all barangay elective and appointive officials including the employees/workers of the Barangay Government Units within the territorial jurisdiction of Pagadian City.
ARTICLE IV
DEFINITION OF TERMS
Section 4. Basic Terms and Phrases Defined. - The following terms and/or phrases used herein shall be construed to mean, as follows:
Act - means Republic Act No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," as amended.
Authorized Drug Testing - The Testing done 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 as well as the type of the drug used, and the confirmatory test, which will confirm a positive screening test.
Challenge Test - A drug test conducted as a result of a challenge filed by a public officer who tested positive for drug use in a confirmatory test in an authorized drug testing activity.
Confirmatory 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.
Dangerous Drugs - include those listed in the Schedules annexed to the 1961 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 Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as amended.
Drug Dependency Examination - refers to the examination conducted by a physician accredited by the DOH to evaluate the extent of drug use of a person and to determine whether he/she is a drug dependent or not, which includes history taking, intake interview, determination of criteria for drug dependency, mental and physical status, and the detection of dangerous drugs in body specimens through laboratory procedures.
Mandatory Drug Testing - compulsory submission of a public officer or prospective employee to drug testing as mandated by the Act or by the drug-free workplace program of the agency.
Public Officer - any person holding any public office in the Government of the Republic of the Philippines, by virtue of an appointment, election, or contract.
Random Drug Testing - drug testing where the selection process results in equal probability that any employee from a group of employees will be tested, and without any prior notice of the date and venue.
Screening 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.
Substance Use Disorder ("SUD") - term used in Diagnostic Manual 5 which combines categories of substance use, abuse and dependence into a single disorder measured on a continuum form from mild to severe. Each specific substance is addressed as a separate disorder (e.g. alcohol use disorder, shabu use disorder) and are diagnosed based on the same overarching eleven (11) behavioral criteria. Clinicians can also add "in early remission," "in sustained remission," "on maintenance therapy," and "in controlled environment" in describing their diagnosis which could either be the following:
J.1 Mild SUD - a minimum of two (2) to three (3) criteria has been met. Similar to experimental and occasional users;
J.2 Moderate SUD - four (4) or five (5) criteria met which would be similar to regular and habitual users; and
J.3 Severe SUD - if six (6) or more symptoms/criteria have been met which is about the equivalent to an abuser and substance dependent individual.
ARTICLE V
RESPONSIBILITY OF THE LGU
UNDER THE DRUG-FREE WORKPLACE POLICY
Section 5. The City Mayor shall ensure the adoption and implementation of a continuing and sustainable substance abuse awareness and prevention program and inform all officials and employees about the following:
The Drug-Free Workplace Policy of the Agency and distribution of copies thereof to each official;
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
The availability of the Employee Assistance Program.
Section 6. The Drug-Free Workplace Policy shall provide for the responsibilities of the Local Government Unit (LGU) which are as follows:
Maintain a drug-free workplace;
Conduct of substance abuse awareness and prevention programs;
Conduct of mandatory and random drug testing; and
Ensure adequate funding for the implementation of the Drug-Free Workplace Policy.
Section 7. Creation of Drug-Free Workplace Committee. - The City Mayor within fifteen (15) days upon the effectivity of this Ordinance, shall create and organize the Drug-Free Workplace Committee which shall be composed of the following, to wit:
Chairman : City Local Government Operation Officer;
Members : The City Administrator;
Head-Human Resource Management Office;
City Health Officer; and
Action/Focal Person-City Anti-Drug Abuse Council.
Section 8. Duties and Responsibilities of the Drug-Free Workplace Committee. - The Committee shall be vested with the following duties and responsibilities, to wit:
8.a To effectively and efficiently implement the provisions of the Drug-Free Workplace Policy in order to maintain a drug-free workplace;
8.b To initiate the conduct of substance abuse awareness and prevention programs;
8.c To spearhead the conduct of mandatory and random drug testing for all city and barangay elective and appointive officials and employees/workers; and
8.d Any other related works as it may deem necessary.
The Committee, in the performance of the above-mentioned duties and responsibilities, may create an Assessment Team who shall be composed of personnel with educational and training backgrounds on medicine, psychology, social work, and human resources administration. The Team shall provide assistance in the conduct of substance abuse awareness and prevention programs.
To effectively and efficiently equip the Assessment Team with the necessary knowledge and/or tools to better implement the Program, the City Government of Pagadian shall ensure that members of the Team undergo regular training.
ARTICLE VI
PRE-EMPLOYMENT DRUG TESTING
Section 9. Mandatory Pre-Employment Drug Testing. - Mandatory drug testing, before admission, shall remain a requirement for initial entry to any position in the Barangay Government Units within the territorial jurisdiction of Pagadian City. Any applicant found positive for drug use shall be denied entry to any position of the barangay government unit.
ARTICLE VII
GUIDELINES IN THE CONDUCT OF AUTHORIZED DRUG TESTING
Section 10. Guidelines in the Conduct of Authorized Drug Testing. - The Drug-Free Workplace Policy of the city shall include the conduct of authorized drug testing, the purpose of which is to prevent the entry of dangerous drugs in government offices and use of dangerous drugs among personnel thereof. 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.
The following guidelines shall govern the conduct of authorized drug testing for all city elective officials as well as all barangay elective and appointive officials including its employees/workers, to wit:
10.a All results of authorized drug testing activities shall be strictly confidential. Only the City Mayor or the Punong Barangay, as the case may be, and the members of the Drug-Free Workplace Committee shall have access to such results;
10.b The Local Chef Executive, in consultation with the Drug-Free Workplace Committee, shall determine the frequency and dates for the conduct of an authorized drug testing activity. Information relating to the frequency and dates of drug testing shall be treated with utmost confidentiality;
10.c Authorized drug testing shall be conducted only by a drug testing laboratory accredited by the DOH;
10.d In case of negative drug test result, no further action is needed;
10.e In case of a positive drug test result from the confirmatory test, the Honorable City Mayor or the Punong Barangay, as the case may be, shall be informed immediately who shall then notify the public official or employee/worker concerned of such result. Within fifteen (15) days from receipt of the notice, the concerned public official or employee/worker may 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 official or employee/worker;
10.f A positive drug test result from the challenge test is deemed final and the public official or employee/worker shall be subjected to administrative proceedings;
10.g Failure to file a challenge within the prescribed period shall make the positive drug test result from the confirmatory drug test final.
10.h All drug test results and records shall strictly be held confidential, and shall be attached to the 201 File of the concerned officials and employees.
Section 11. Drug-testing shall be done in surprise and random manner twice (2x) a year or every six months, under the following method, viz:
11.a. The drug test shall only be conducted by a government drug testing laboratory or by a drug testing laboratory duly authorized and accredited by the DOH;
11.b. The public officials and employees will fill up and sign a chain of custody form issued to them;
11.c The specimen bottles must be properly labelled and taking of specimen samples for screening test must be done in an area with no means of manipulation (e.g. adding of water is not possible); and
11.d Specimen samples found positive in the screening test shall be submitted for confirmatory testing within the same day.
Section 12. The concerned Local Government Unit shall bear the expenses for the conduct of the screening and confirmatory drug test, subject to existing budgeting, accounting and auditing rules and regulations.
ARTICLE VIII
SANCTIONS
Section 13. Refusal of Barangay Appointive Officials and its Employees/Workers to Submit to Authorized Drug Testing. - Any appointive barangay official and employee/worker 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 an administrative offense of Grave Misconduct.
Section 14. Refusal of City and Barangay Elective Officials to Submit to Authorized Drug Testing. - Any elective city and barangay 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 subjected to disciplinary action for misconduct in office pursuant to Section 60 of the Local Government Code and Article 124 of the Implementing Rules and Regulations of the Local Government Code.
Section 15. Tampering of Results. - Any public official 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 the 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 Section 32, Article II of the Act.
Section 16. Violations of Article II of the Act. - Any elective or appointive city or barangay official who violated the provisions of Article II of the Act shall be charged with the administrative offense of Grave Misconduct or face disciplinary sanction under Section 60 of the Local Government Code, as the case may be, without prejudice to the filing of criminal charges under the Act and other relevant laws.
Section 17. Agency Responsible to File a Case. - The Local Government of Pagadian shall cause the filing of cases for all city elective official as well as all barangay elective and appointive official including its employee/workers who are found to have violated the provisions of this Ordinance, or the Department of the Interior and Local Government.
ARTICLE IX
MISCELLANEOUS PROVISION
Section 18. The Local Chief Executive or the City Mayor shall ensure that a copy of this Ordinance shall be furnished to the Dangerous Drugs Board ("DDB") and the Department of Interior and Local Government ("DILG") for their information. Accordingly, in the conduct of the drug testing, the following data are also required to be submitted, viz:
18.a The number of elective and appointive city and barangay officials including the employees/workers subject for drug testing;
18.b The number of those who were found positive for drug use after the confirmatory drug testing have become final; and
18.c The action undertaken by the Drug-Free Workplace Committee on those found positive for drug use.
Section 19. Accreditation of Government Physicians. The Department of Health (DOH) shall conduct trainings leading to the accreditation of government physicians who shall be authorized to conduct drug dependency examination.
ARTICLE X
CONFIDENTIALITY
Section 20. Confidentiality. 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 II of the Act.
ARTICLE XI
OTHER PERTINENT PROVISIONS
Section 21. Funding Allocation. - The City Government of Pagadian and the 54 Barangay Government Units of Pagadian shall ensure the allocation of appropriate funding for the implementation of this Ordinance in their respective annual budgets pursuant to the Philippine Anti-Illegal Drugs Strategy. Funds may also be sourced from allocated budget for employee health and wellness.
Section 22. Implementing Rules and Regulations. - The City Health Officer, in consultation with the Philippine Drug Enforcement agency (PDEA), shall formulate the implementing rules and regulations necessary to carry out the provisions of this Ordinance.
Section 23. Separability Clause. - If for any reason, any portion of this Ordinance is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 24. Repealing Clause. - Any and all Ordinances which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed or modified accordingly.
Section 25. Effectivity Clause. - This Ordinance shall take effect fifteen (15) days after publication for three (3) consecutive weeks in a newspaper of general circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 47th Regular Session held on 06 September 2023 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.