May 4, 2012

BUCOR MEMORANDUM CIRCULAR NO. 01-12

 

1. General:

a. CSC Memo Circular 13, s. 2010 states that any official or employee found positive for use of dangerous drugs shall be subjected to disciplinary/administrative proceedings with a penalty of dismissal from the service at first offense pursuant to Sec. 46 (19) of Book V.E.O. 292.

b. CSC Res. No. 01-1781 dated 12 Nov. 2001 and CSC Res. No. 020180 dated 05 Feb. 2002, citing CSC Res. No. 99-1410 dated 01 Jul. 1999 (Using illegal drugs, such as Methamphetamine Hydrochloride (shabu) and marijuana are considered grave offenses categorized under Grave Misconduct).

c. CSC Res. No. 992306 dated 07 Oct. 1999 states that: "as to the manner of said drug examination administration, the choice is left to the management".It is up to the agency concerned to determine the best means to administer the examination, whether it be unannounced, at random or any other ways."

d. Along with the vision of BuCor 2022 Strategic Plan: "Corrections System that promotes a safer community, adheres to international standards, and represents exemplary public service",BuCor implements a "Drug-Free Workplace Policy".

2. References:(Annex "A") aIcDCH

3. Objectives:

a. Promoted exemplary public service.

b. Promote personnel well-being, health, security, and safety.

c. Encourage public servants to lead a healthy and moral lifestyle.

d. Enhance awareness of adverse effects of dangerous drugs to: our society; our community; our families; and our workplace.

e. Detect/deter use of "dangerous drugs" among BuCor personnel.

f. Institute measures to eradicate use of dangerous drugs by BuCor personnel and family members.

4. Scope:This policy shall apply to all officials and employees of the Bureau of Corrections.

5. Definition of Terms:(Annex "B")

6. "Drug-Free Workplace Policy" Program:

a. Creation of "Drug-free Workplace Policy Monitoring Committee" (DMC) composed of the following:

1) Senior Medical Officer as Chairperson

2) Chief of Personnel as Vice-Chairperson

3) Two members of the Secretariat

4) Drug Test Team duly accredited by the Department of Health composed of the following: HTaSEA

i. one Medical officer;

ii. two laboratory analysts;

iii. two specimen collectors;

iv. one recorder; and

v. one assistant recorder.

b. Functions of the DMC:

1) Determine the area and time for the conduct of the mandatory random drug test using appropriate random sampling technique;

2) Oversee the conduct of the mandatory random drug test for personnel tapping for this purpose, the assistance and expertise of appropriate government agencies;

3) Refer to the appropriate government rehabilitation center:

i. Personnel who voluntarily admit without undergoing the Screening Test that he or she uses dangerous drugs.

ii. Personnel who fail the drug test and chose not to challenge the results thereof.

4) Evaluate the validity and reasonableness of the ground(s) for refusal or failure of selected employees to undergo the required drug test, and forthwith refer the same to the Legal Office for disposition;

5) Evaluate the fitness of an employee to return to work after having undergone rehabilitation on the basis of medical findings and recommendations; CaDEAT

6) Keep the results of the mandatory random drug test and all other data gathered in connection therewith;

7) Act on all concerns that may arise in connection with the actual conduct of the mandatory random drug test;

8) Coordinate with the Prison and Penal Farms (PPF) Superintendents; and Heads of Offices in gathering and receiving information and other relevant data relative to drug use at their respective PPF's/offices;

9) Coordinate with PPF Superintendents and Heads of Offices on the implementation of aggressive information campaign regarding the provisions of this Memorandum;

10) Assist PPF Superintendents to promote "humane, secure and drug-free environment in their respective colonies;" and

11) Lead and oversee persistent information campaign regarding:

i. physical and mental health hazards of dangerous drugs;

ii. provisions of RA 9165;

iii. detecting and discouraging drug use at home and at work;

iv. counseling and rehabilitation opportunities; and

v. modus operandi of drug pushers. TADIHE

c. Procedure for Random Test: (Annex "C")

d. Procedure for Confirmatory Test: (Annex "D")

7. Liabilities of Subject Personnel:

a. An employee who refuses or fails to undergo drug testing for any unmeritorious reason,as determined by the DMC, shall be administratively liable for "Insubordination" pursuant to Section 52 (B) (5) of the Uniform Rules on Administrative Cases in the Civil Service.

b. An employee who refuses to undergo rehabilitation after having been found positive for dangerous drug use in a Confirmatory Test shall be administratively liable for "Conduct Prejudicial to the Best Interest of the Service," without prejudice to criminal prosecution under the provisions of Republic Act No. 9165.

c. An employee who undergoes rehabilitation shall be considered on sick leave, as may be allowed by civil service rules.

8. Funding:Expenses for this program shall be initially funded out of available savings until its inclusion in the GAA. DMC is allocated a monthly budget (Annex "E").

9. Effectivity: Pursuant to Sec. 3, Chapter 2, Book VII of EO 292 dated 25 July 1987 effective 23 Nov. 1989; this Policy shall take effect after fifteen (15) days from the date of filing at the University of the Philippines Law Center and publication in a newspaper of general circulation. aAHSEC

(SGD.) GAUDENCIO S. PANGILINANActing DirectorBureau of Corrections

ANNEX A

(REFERENCES) TO: BUCOR MEMORANDUM CIRCULAR NO. 01-2012 dtd. 04 May 2012

References:

a. Supreme Court A.M. No. 06-1-01-SC dated Jan. 17, 2006 (Supreme Court's guidelines for the implementation of its drug prevention program);

b. RA 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," Sec. 36, para (d) of which provides that "Officers and employees of public and private offices, whether domestic or overseas, shall undergo a random drug test as contained in the company work rules and regulations, which shall be borne by the employers, for purposes of reducing the risk in the workplace";

c. EO 292, effective 23 Nov. 1989, provides that any official or employee found positive for use of Dangerous Drugs shall be subjected to disciplinary/administrative proceedings with a penalty of dismissal from the service at first offense pursuant to Sec. 46 (19) of Book V of EO 292 and Sec. 22 (c) of its Omnibus Rules;

d. Civil Service Commission Memorandum Circular No. 13, s 2010 re: Guidelines for a Drug-Free Workplace in the Bureaucracy with provides that authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing shall employ, among others two (2) testing methods;

e. Civil Service Commission Resolution No. 01-1781, dated 12 November 2001, and Civil Service Commission Resolution No. 020180, dated 5 February 2002, citing CSC Resolution No. 99-1410 dated 1 July 1999, re: the use of illegal drugs, such as Methamphetamine Hydrochloride (shabu) and marijuana are grave offenses categorized under Grave Misconduct; AIcECS

f. Civil Service Commission Resolution No. 992306, dated 07 October 1999, re: Manner of drug examination administration: the choice is left to the management; and

g. En banc decision of the Supreme Court in the case of Social Justice Society vs. Dangerous Drugs Board, G.R. No. 157870 where the Supreme Court upheld the constitutionality of Section 36 (d) of RA 9165 with regard to random testing for officials and employees of public and private offices.

ANNEX B

(DEFINITION OF TERMS) TO:

DEFINITION OF TERMS: As used in this policy, the following terms shall mean:

a. 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;

b. Custody and Control Form (CCF) — refers to the Department of Health approved form used to document the collection, transport, security and test results of the specimen;

c. Dangerous Drugs — refers to prohibited or regulated drugs as defined under Republic Act No. 9165;

d. Drug Testing — is a technical analysis of a biological specimen, such as, urine, hair, blood, sweat, or oral fluid/saliva, to determine the presence or absence of Dangerous Drugs;

e. Officials and employees — it includes all appointive officials and employees of Bureau of Corrections whether permanent, temporary or contractual. cACEaI

f. Policy — means the "Drug-Free Workplace Policy;"

g. Random Drug Testing — refers to mandatory methodical and unannounced conduct of drug test using appropriate scientific random sampling technique based on time and/or subjects with each employee having an equal probability of being selected for testing;

h. Screening Test — it is a rapid test performed to establish potential or presumptive positive result and conducted for the determination of the type of drug/s used by the subject;

i. Workplace — refers to the place where an official or employee is working or performing his official functions. It also includes in this term the entire prison reservations.

ANNEX C

(PROCEDURE FOR RANDOM TEST) TO:

PROCEDURE FOR RANDOM TEST: the following shall be observed in the conduct of random testing:

a. The DMC, through its Drug Test Team shall conduct the random drug test in any particular area only after written permission to conduct the test shall have been granted by the Director of Corrections;

b. The team shall ensure that there is a clean toilet or partitioned area where the test will be conducted to prevent adulteration of the specimen;

c. The authorized specimen collector shall: TcHDIA 

1. ensure that the subject employee has not concealed any substance that might be used to adulterate the specimen and that he or she has no access to any such unregulated substance within the testing area;

2. provide the subject employee with a clean specimen container;

3. remain outside the toilet or partitioned cubicle as the subject employee provides the specimen;

4. see to it that the subject employee hands him the specimen before flushing the toilet;

5. check the volume of the urine in the specimen container;

6. check the temperature of the urine specimen;

7. inspect the specimen to determine its color and appearance for any signs of contaminants; and

8. note any unusual findings on the chain of the custody form.

d. The subject employee shall:

1. remove his or her outer garments that might conceal items or substances that could be used to tamper with or adulterate his or her urine specimen;

2. wash and dry his or her hands;

3. remain in the presence of the authorized specimen collector so that he or she will not have access to any unregulated source of water, soap, dispenser, cleaning agent, or any other material that could be used to adulterate the specimen;

4. collect and provide the specimen inside the toilet or partitioned area; and aDHCEA

5. not flush the toilet until after he or she shall have handed over the specimen to the authorized specimen collector.

e. Before the urine specimen container is sealed and labeled, both the subject employee and the authorized specimen collector shall keep it within sight of the team;

f. The specimen bottle shall have an identification label with these entries:

(i) name of subject employee;

(ii) date of specimen collection;

(iii) signature of the subject employee; and

(iv) specimen identification number.

g. The authorized specimen collector shall provide all information required in the Custody and Control Form (CCF) and ensure that each copy shall be given to the proper custodian thereof; and

h. The DMC shall have custody of the results of the Screening Test, which are strictly confidential unless its contents are required to be disclosed in an appropriate proceeding;

i. An employee who is found positive for dangerous drug use based on the Screening Test may either:

(i) admit dangerous drug use, in which case he or she shall be immediately referred to the proper government agency for medical evaluation, counseling and rehabilitation, as circumstances may require; or

(ii) challenge the result of the Screening Test within fifteen (15) days from receipt thereof, in which case, he or she shall undergo a Confirmatory test. aIcTCS

ANNEX D

(PROCEDURE FOR CONFIRMATORY TEST) TO:

Procedure for Confirmatory Test:

a. The procedure prescribed for the conduct of the Screening Test shall also be observed in the conduct of the Confirmatory Test insofar as the same is applicable without prejudice to the DMC coming up with reasonable supplemental procedure as its discretion may dictate.

b. An employee who is found positive of dangerous drug use after the conduct of the Confirmatory Test shall be proceeded against either administratively or criminally or both unless he or she voluntarily admits drug use and undergo rehabilitation. The employee shall be accorded ample opportunity to challenge the result of the Confirmatory Test in the administrative case.

ANNEX E

(MONTHLY BUDGET OF DMC) TO:

Account	Account Title	Amount		Remarks
Code
751	LOCAL TRAVEL	20,000.00		Info drive; research; drug tests;
771	POSTAGE AND DELIVERIES	1,500.00
773	TELEPHONE MOBILE	3,000.00
840	REPAIR & MAINTENANCE:	3,000.00		Maintenance of lab. eqpt.
	MACHINERIES AND EQPT.
821	REPAIR & MAINTENANCE:	3,000.00		Maintenance of office eqpt.
	OFFICE EQPT.,FURNITURE
	AND FIXTURES
755	OFFICE SUPPLIES EXPENSES	5,000.00
758	FOOD SUPPLIES EXPENSES	6,000.00
765	OTHER SUPPLIES	20,000.00		Reagents; specimen containers;
				gloves; etc.
753	TRAINING EXPENSES	10,000.00		Seminars, info drive
883	EXTRAORDINARY EXPENSES	10,000.00
781	PRINTING & BINDING EXP.	3,000.00
786	SUBSCRIPTION EXPENSES	2,500.00
		–––––––––
	Total	87,000.00
		========
* Drug test kits shall be procured along with NBP Hospital requirements.

 

Published in The Philippine Daily Inquirer on May 10, 2012.