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Legality of Random Drug Testing in the workplace?

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Arresto Menor
Hi. Is random drug testing still legal in the workplace?

I've been doing some research and I read DOLE Department Order 53-03. However some of the questions in my mind are still let unanswered.

1. Is random drug testing in the workplace still allowed?

2. If an employee is found to be positive on the drug tests including the confirmatory test, can that be a justifiable ground for dismissal?

Is the referral for a rehabilitation program mandatory?

Thank you very much! I really need answers to this.

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HR Adviser

Reclusion Perpetua
1. Yes It is still Legal.

2. No. It is not a ground for dismissal if it is the first time.

Once the employee is found to be positive during the random and confirmatory drug testing, he will be ask to voluntarily send himself to rehab for six months. he must have a clearance from his doctor that he is fit to work. After which, if he still tested positive for drug test, that's the time he can be terminated.

You don't need to be worried if you don't do drugs Smile

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Arresto Menor
I am more on the employer side. hehehe.

Follow up question, why can't it be a ground for dismissal if the random drug test yields a positive result for the first time? What's the basis?

Thanks! Smile 

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Arresto Menor
Still looking for additional feedback on this one. thanks in advance

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yes, it is legal. court ruled in sjs vs. ddb

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