Random Drug Testing Should Not Be The End and Everything of Government Drug Campaign

DRUGS and CRIMES

Under the “Comprehensive Dangerous Drugs Act of 2002” or Republic Act 9165 of the 13 articles, one article is entitled: DRUG FREE WORKPLACE PROGRAM.

The concept, however, put emphasis on the private establishments and the focal agency is the Department of Labor and Employment. It makes mandatory the implementation of the program for private establishments with a minimum of ten employees.

In 2010, when this writer was then the Acting Chairman of the Dangerous Drugs Board (DDB) wrote the Civil Service Commission requesting that it issue a circular making the drug-free workplace program for government offices mandatory.

The circular was replicated from the drug-free workplace program of the DDB then. The focal agency is the DILG for local government units.

It is laudable that the Cebu City Government and the Cebu Province are conducting random drug tests. This however should not be the end and everything of the drug campaign, in fact drug tests are merely part of the Drug Free Workplace Program.

The policy of terminating employees who tested positive in the drug test is contrary to the spirit of the anti-drugs law.

The reason why the present law is entitled “COMPREHENSIVE” is because it is not just a penal law, but almost covers all aspect of the drug problem and its solution. A provision of (Section 15) of the law, which is DRUG USE, tell us that the penalty for using drugs is not imprisonment, but mandatory rehabilitation. This is because DRUG USE, is not simply a crime, it is a QUASI-CRIME, meaning it may appear as a crime, but not really a crime.

Why? Because unlike other crimes, like murder, robbery, there is an offender and a victim, but for drug use, the victim and offender are one and the same person.

In the Civil Service Commission Circular on Drug Free Workplace Program and the Republic Act 9165 instructs us how the program should be implemented. It tells us that the company or office will come up with a program, incorporating counseling, peer group sessions and many other activities that will address early detection of drug use and intervention.

Terminating employees who tested positive, especially from the government, is not the solution but just easily putting back the problem to the community which is primarily the role of governance.

The Cebu City Anti-Drug Abuse Council is presently implementing an Out Patient Rehabilitation Program for the Barangay Workers who tested positive. In the battle against illegal drugs, while we sometimes use the force of law, there is an essential ingredient that we sometimes forget, compassion for drug users, who are really victims of the drug
menace.

Terminating an employee who tested positive is the easiest way, it is popular to the public, but rehabilitating and making that employee rise up again is the correct way, but not an easy task.

About the Author: Clarence Paul V. Oaminal is a lawyer and author of ‘The Textbook on The Comprehensive Dangerous Drugs Act of 2002’. He is the former vice-chairman of Cebu City Dangerous Drugs Board and is the current adviser and presiding officer of Cebu City Anti-Drug Abuse Council. He also hosts the local advocacy program ‘Krimen ug Drugas’ in CCTN Channel 47.