MANILA, Philippines – The Commission on Human Rights (CHR) has reminded the Philippine Drug Enforcement Agency (PDEA) and public transport companies to conduct mandatory drug testing within the bounds of the law.
The CHR issued the statement in response to PDEA’s move to implement mandatory drug testing among public utility vehicle (PUV) drivers across the country.
“As employers, companies have every right to want to ensure a safe and effective workplace. However, should they push forward with mandatory drug testing, it should be mindful of the proper standards of confidentiality and be done within the bounds of the law,” CHR Spokesperson Atty. Jacqueline De Guia said in a statement on Tuesday.
Dubbed as “Oplan Harabas,” PDEA’s simultaneous surprise mandatory drug testing of all PUV drivers nationwide is aimed at ensuring the safety of passengers from substance-using drivers.
Last Sunday (March 31), 55 PUV drivers tested positive for illegal drug use out of 4,470 drivers who underwent a drug test held by PDEA at 54 public transportation terminals nationwide.
PDEA said the results are now undergoing confirmatory tests.
Under the Republic Act 10586 or the Anti-Drunk and Drugged Driving Act of 2013, drivers who were found to have been driving under the influence of dangerous drugs, alcohol and other similar substances will face license confiscation. They will also be banned from driving as they undergo drug rehabilitation.
Baliwag Transit has been subjecting its drivers and conductors to random drug testing three times a year. This is to ensure their passengers’ safety and that their drivers are drug-free.
If found positive for illegal drug use, drivers and conductors employed by the Baliwag Transit may face termination.
“Tinatanggal na po ng company ‘yung empleyado. Ganun po kahigpit ‘yung empleyado sa mga driver na involved sa drugs. Buhay po ng tao ang hawak po nila, buhay ng pasahero ang dala-dala nila. Kinakailangan na negative sila sa drug test,” Baliwag Transit Liason Officer Johnny Manfoste told UNTV News and Rescue.
(The company dismisses employees who test positive for drug use. The company is very strict when it comes to drivers involved in drugs. They are responsible for the life of the passengers they are ferrying so they have to test negative when undergoing a drug test)
While CHR respects the right of transport companies to ensure a safe and effective workplace, the agency reminded them to observe confidentiality and due process in conducting the mandatory drug testing.
“They must also ensure that any findings are punished commensurate to the offense, and that it observes due process of the law,” CHR added.
The agency also cited the case of Dela Cruz vs People of the Philippines in 2014 in which Supreme Court ruled that “mandatory drug testing is a violation of the right to privacy and the right against self-incrimination or testifying against oneself.” – Robie de Guzman (with details from Joan Nano)
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