ECC GROUP OF COMPANIES
DRUG-FREE WORKPLACE POLICY AND PROGRAM
ECC GROUP OF COMPANIES, pursuant to the provisions of the above law explicitly
prohibits:
1. The use, possession, solicitation for, or sale of dangerous drugs on company
premises or while performing an assignment outside the premises on company
time or during an official company event/business.
2. Being impaired or under the influence of dangerous drugs away from the
company, if such impairment or influence adversely affects the employee's work
performance, the safety of the employee or of others, or puts at risk the
company's reputation.
3. 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, employee or of others, or puts at risk the
company's reputation. This includes, but is not necessarily limited to, being in the
company car/service vehicle, customer's office, meeting venue, and other
analogous places/circumstances.
4. 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 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 of R.A. 9165.
COMPANY PROGRAM ON DRUG-FREE WORKPLACE
A. DRUG TESTING PROCEDURE
1. All employees of the company may be subjected to drug testing at any time,
whether or not the company has reasonable ground to believe that the employee is
under the influence of dangerous drugs. The company retains its prerogative to
subject any employee to random drug testing even without the physical signs or
symptoms, or other visible or outward manifestations of drug use.
2. An employee who is found positive for drug use during the initial screening
laboratory test shall be made to undergo the second phase which is the confirmatory
laboratory test within ten (10) days after receipt of the results of the screening
laboratory test.
3. If the employee's confirmatory laboratory test is again found to be positive, the
confirmatory test results shall be substantial basis for the filing of an administrative
case against the employee concerned for drug use.
4. It shall be compulsory for all the applicants for employment to undergo pre-
employment drug testing examination.
5. All costs of drug testing shall be borne by the company.
B. ADVOCACY, EDUCATION AND TRAINING
1. ECC GROUP OF COMPANIES, undertakes to increase the awareness and
education of its employees on the adverse effects of dangerous drugs through
continuous advocacy, education and training programs/activities to all its officers and
employees.
2. All officers and employees are required to undergo an orientation/education
program. To encourage all officers and employees to lead a healthy lifestyle while at
work and at home, ECC GROUP OF COMPANIES undertakes to conduct the
following activities as often as possible:
Lifestyle assessment programs on health nutrition, weight management,
stress management, alcohol abuse, smoking cessation, and other indicators
of risk diseases:
Health wellness screenings (e.g. blood pressure and heart rate, cholesterol
test, blood glucose, etc.);
Sports, recreational and fun-game activities and other activities promoting
health and wellness.
C. MANDATORY DRUG TEST
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 compensation claims; and reduced team effort) which drug use
and abuse may cause in the workplace, the conduct of mandatory drug test
shall be required for pre-employment.
2. ECC GROUP OF COMPANIES designates a third party drug testing center, a
duly accredited drug testing center by the Department of Health (DOH), as its
authorized drug testing laboratory.
3. ECC GROUP OF COMPANIES may also conduct drug testing under any of the
following circumstances:
I. MANDATORY TESTING: Officer/employees may be mandated or
selected at random for drug testing, at any interval determined by the
Company
II. 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, including, but 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.
III. POST-ACCIDENT TESTING: Any officer/employee involved in a
"Near-Miss” incident 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
fatalities of the workers and/or considerable damage to the employer
had it not been curtailed. "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
which arises out of or in the course of employment.
4. 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.
5. ECC GROUP OF COMPANIES shall inform the officer/employee who was
subjected to a drug test of the test-results whether positive or negative.
6. All costs of drug testing shall be borne by ECC GROUP OF COMPANIES.
D. TREATMENT, REHABILITATION, AND REFERRAL
1. An officer/employee who, for the first time, is found positive of drug use, shall
be referred for treatment and/or rehabilitation in a DOH accredited center. For
this purpose, ECC GROUP OF COMPANIES shall provide a list of at least
three (3) accredited facilities which an employee who was tested positive for
drugs may choose from.
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. All costs for the treatment and rehabilitation of the drug dependent employee
shall be charged to his account.
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. |
ROLES, RIGHTS AND RESPONSIBILITIE
OF ECC GROUP OF COMPANIES AND EMPLOYEES
1. ECC GROUP OF COMPANIES shall ensure that the workplace policies and
programs on the prevention and control of dangerous drugs, including drug
testing, shall be disseminated to all employees.
2. Further, ECC GROUP OF COMPANIES 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.
3. All officers and employees shall be afforded the right to due process. Absence of
which will render the referral procedure ineffective.
POLICY VIOLATIONS
1. Any 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 Il of RA 9165 and its Implementing Rules and
Regulations shall be subject to the pertinent provisions of the said law.
2. In the event that an employee is found positive for the use of dangerous drugs
after the confirmatory laboratory test, the employee's immediate superior shall
be responsible for the processing of the administrative case in accordance with
the provisions of Article 282 (now Article 297) of the Labor Code and under RA
9165 and Company Rules and Regulations.
MONITORING AND EVALUATION
1. 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. The Assessment Team is a group of persons potentially composed of
environment, health and safety personnel, human resource manager, Medical
Officer, employer's and employees' representatives trained to address all
aspects of prevention, treatment and rehabilitation.
RESPONSIBILITY
1. Operations Manager- Responsible for the overall implementation of this Policy.
2. Program/ Guidelines in their respective plant/ business units or area of
responsibilities.
3. The Company Medical Officer/Company Nurse shall be responsible for the
following:
Ensuring that all applicable company and regulatory requirements
regarding this are being complied with.
Training of employees on drug related topics;
Responsible for Setting up/ organizing and activation of the assessment
team.
4. Safety Officer – Ensure that drug testing shall be done to all involved personnel
in accident/ near misses to eliminate drug dependency as one of the root
causes.
CONFIDENTIALITY
All information, reports, statements, memoranda, and drug test results, written or
otherwise, received or produced as a result of this drug testing program are confidential
and may not be used or received in evidence, or disclosed in any public or private
proceedings. 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.
EFFECTIVITY
The provisions of these policies and programs shall be immediately effective
fifteen days after dissemination to all officials and employees of the Board.
________________________ __________________________
Owner/Manager Employees’ Representative
