Dear PAO,
I work as a customer service representative in a BPO company. Recently, our Human Resources Department announced that employees must undergo random drug testing as part of company policy. The drug testing will be conducted at a designated clinic, and we were told that we are required to pay the same. Some employees are concerned about their privacy and confidentiality of the results. Can our company validly require drug testing even after being hired? Also, is it really our obligation to pay for the drug testing?
Frank
Dear Frank,
Yes, your employer may legally require drug testing. However, the cost of drug testing must not be shouldered by the employees.
Section 36 (d) of Republic Act (RA) 9165, as amended by RA 10640, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, provides that:
“d) Officers and employees of public and private offices. – Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law. xxx”
In the case of Social Justice Society vs. Dangerous Drugs Board, G.R. No. 157870, November 3, 2008, the Supreme Court, speaking through Associate Justice Presbitero Jose Velasco Jr., upheld the constitutionality of mandatory drug testing for employees of public and private offices. Accordingly, “the drug test prescribed under Sec. 36(c), (d), and (f) of RA 9165 for secondary and tertiary level students and public and private employees, while mandatory, is a random and suspicionless arrangement.” The objective is to stamp out illegal drug and safeguard in the process “the well being of [the] citizenry, particularly the youth, from the harmful effects of dangerous drugs.”
Furthermore, under Department Order No. 53-03 issued by the Department of Labor and Employment (DOLE) on August 14, 2003, employers may require random drug testing under their workplace drug prevention programs. However, the employer must shoulder the testing costs and maintain confidentiality. Any disciplinary action proceeding from the drug test must comply with applicable labor laws.
Applying the foregoing, you may be validly subjected to random drug testing as part of your company’s workplace drug prevention policy but it must be conducted in accordance with applicable laws and regulations. Moreover, the cost for the drug testing should not be passed on to employees because it is the legal obligation of the employer. Lastly, if an employee tested positive, your employer must observe the applicable procedures and labor laws before imposing any disciplinary action.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
