Tibaldo: Of drugs and tests for public officials

HAVE you been tested for drugs other than when applying for a driver’s license or donating blood? Well, if you are employed by both local and national government office, you are by law required to prove that you are not a drug user or dependent by submitting yourself to an accredited chemist for a test. The Civil Service Commission recently issued guidelines to ensure that government agencies remain drug-free for the effective and efficient delivery of public services.

According to the CSC, drug testing shall remain a requirement for initial entry to government service and those found positive for drug use shall not be hired or appointed. Said test is also a condition for retention in service for incumbent public officials and employees, thus they shall be subjected to a mandatory random drug testing within six months from the effectivity of the guidelines.

In conducting the mandatory drug test, government agencies must observe the procedures prescribed by the Dangerous Drugs Board and conducted by a government drug testing laboratory or by a drug testing laboratory duly authorized and accredited by the DOH.

The official or employee with positive result from the confirmatory test must in 15 days from receipt of notice challenge the result and failure to do so within the prescribed period shall make the positive drug test result from the confirmatory test final. Any government official or employee who tested positive shall undergo a Drug Dependency Examination to be conducted by the Department of Health or by any of its accredited medical practitioners to determine whether he/she falls under the category of Experimenter, Occasional User, or Chronic User/Drug Dependent.

An Experimenter according to CSC shall be required to undergo guidance counseling for six months, while an Occasional User must undergo guidance counseling and monthly drug testing for six months. The official or employee concerned shall shoulder the expenses, and if such activities were done during office hours, the time spent shall be charged against his/her leave credits.

The official or employee must secure a certificate of completion from the attending guidance counselor which will serve as proof of successful completion of the intervention program.

Within 15 days from receipt of the Drug Dependency Exam results, a Chronic User/Drug Dependent shall undergo mandatory continuous treatment and rehabilitation for at least six months in a government rehabilitation center, a DOH-accredited private rehabilitation center, or through a community rehabilitation program sanctioned under DDB rules. The official or employee concerned shall shoulder the expenses and time spent for the treatment shall be charged against his/her leave credits.

Such official or employee shall not be allowed to return to work without securing first a certificate of completion of his/her rehabilitation program and clearance from the attending physician.

Officials or employees who refuse, without any valid reason, to submit themselves to drug testing shall be charged with the administrative offense of Gross Insubordination, which could lead to suspension from the service on the first offense and dismissal for the second offense.

Officials or employees who have tested positive and refuse to undergo treatment or fail to complete their intervention program shall be charged with Grave Misconduct, which could result in dismissal from the service on the first offense. Likewise, those found to have used dangerous drugs during the prescribed period of intervention or treatment shall be charged with Grave Misconduct.

Who qualifies to enter public service or work under both national and local government units? The career service examination is not the be-all and end-all of acquiring civil service eligibility. An applicant for any type of eligibility granted under special laws and CSC issuances must meet basic qualifications such as: citizen of the Republic of the Philippines, at least 18 years of age at the time of application, has not been found guilty of crime involving moral turpitude or of infamous, disgraceful or immoral conduct, dishonesty, drunkenness or addiction to drugs. An applicant must have no criminal record or found guilty of offenses relative to, or in connection with the conduct of a civil service examination and has not been dismissed from the service for cause.

Do you know that the CSC also grants eligibilities other than the Career Service Professional and Sub-Professional eligibilities? One can acquire a civil service eligibility under special laws through Bar/Board Eligibility (RA1080), Barangay Health Worker Eligibility (RA7883), Barangay Nutrition Scholar Eligibility (PD1569), Barangay Official Eligibility (RA 7160), Electronic Data Processing Specialist Eligibility (CSC Res. 90-083), Foreign School Honor Graduate Eligibility (CSC Res. 1302714), Honor Graduate Eligibility (PD907), Sanggunian Member Eligibility (RA 10156), Scientific and Technological Specialist Eligibility (PD 997), Skills Eligibility - Category II and Veteran Preference Rating (EO 132/790)

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