EPRES,
Ae aN
RECEIVED 2\

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8489

Introduced by HON. LUIS RAYMUND “LRAY” F, VILLAFUERTE, JR.

AN ACT
PROVIDING FOR TESTING FOR THE USE, WITHOUT LAWFUL AUTHORIZATION,

OPERATORS OF COMMERCIAL MOTOR VEHICLES
The Civil Code, Article 1755 provides:

Article 1756. Acommon carrier is bound to carry the passengers as far as
human care and foresight can provide using the utmost diligence of very
cautious persons, with due regard for all the circumstances.

Alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of
the public. In fact, recent studies conducted by the LTO, have demonstrated that the
use of alcohol and illegal drugs greatly affects the performance of individuals, and is a
critical factor in transportation accidents.

The government should expend the greatest efforts to eliminate the abuse of alcohol and
use of illegal drugs, whether on duty or off duty, by those individuals who are involved in
the operation of commercial jeepneys, trucks, and buses.

Hence, this bill seeks to provide for testing for the use, without lawful authorization, of
alcohol or controlled substances by the operators of commercial motor vehicles in a
manner which protects an individual's right of privacy and ensures that no individual's
7 development is unduly threatened or harmed.

Luis Wea LLAFUERTE, JR.



Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS.
Second Regular Session
8489
HOUSE BILL NO.

RAYMUND “LRAY” F.

Introduced by

AN ACT
PROVIDING FOR TESTING FOR THE USE, WITHOUT LAWFUL AUTHORIZATION,
OF ALCOHOL OR CONTROLLED SUBSTANCES BY THE
OPERATORS OF COMMERCIAL MOTOR VEHICLES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be cited as the “Commercial Motor Vehicle
Safety Act.”

SECTION 2. Regulations. —

(A) The Secretary of the Department of Transportation and Communications shall, in the
interest of commercial motor vehicle safety, issue regulations, standards and order
relating to alcohol and drug abuse in motor vehicle operations, within twelve months after
the date of enactment of this Act, which shall—
(1) Require the conduct of pre-employment, reasonable suspicion, random, and
post-accident testing of all employees responsible for safety-sensitive function, as
determined by the office, for use, in violation of this Act relating to alcohol or
controlled substance;
(2) Require disqualification for an established period of time or dismissal of any
employee determined to have used or to have been impaired by alcohol while on
duty; and
(3) Require disqualification for an established period of time or dismissal of any
employee determined to have used a controlled substance, whether on duty or not
‘on duty, except as permitted for medical purposes by law and any rules, regulations,
‘standards, or orders issued under this Act.

(8) The Secretary may also issue rules, regulations, standards, and orders, as he


consider appropriate in interest of safety, requiring the conduct of periodic recurring
testing of drivers and employees responsible for such safety sensitive functions, for use
of alcohol or a controlled substance in violation of this Act. Nothing in this subsection
shall be construed to restrict the discretion of the office to continue in force, amend, or
further supplement any rules, regulations, standards,
alcohol and controlled substa
of this Act.

SECTION 3. Program for Rehabilitation. - The Secretary shall issue regulations setting
forth requirements for rehabilitation programs which provide for the identification and
opportunity for treatment of operators of commercial motor vehicles who are determined
to have used, in violation of this Act, alcohol or a controlled substance. He shall also
determine the circumstances under which such operators shall be required to participate
in such program. Nothing in this subsection shall preclude a motor carrier from
establishing a program under this subsection in cooperation with any other motor carrier.

SECTION 4. Procedures for Testing. — In establishing the program required under
Section 3 of this Act, the Secretary shall develop requirements which shall —

(A) Promote, to the maximum extent practicable, individual privacy in the collection of
specimen samples;

(B) With respect to laboratories and testing procedures for controlled substances, the
LTO shall coordinate with the Department of Health and provide mandatory guidelines
which —
(1) Establish comprehensive standards for all aspects of laboratory controlled
substances testing and laboratory procedures to be applied in carrying out this
section, including standards which require the use of the best available technology
for ensuring the full reliability and accuracy of controlled substances tests and strict
procedures governing the chain of custody of specimen samples collected for
controlled substances testing;
(2) Establish the minimum list of controlled substances for which individuals may be
tested; and
(3) Establish appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certification of laboratories
to perform controlled substances testing in carrying out this section;
(4) Require that all laboratories involved in the testing of any individual under this
section shall have the capability and facility, at such laboratory, of performing
screening and confirmation tests;
(5) Provide that all test which indicate the use, in violation of this Act, of alcohol or a
controlled substance by any individual shall be confirmed by a scientifically
recognized method of testing capable of providing quantitative data regarding
alcohol or a controlled substance;
(8) Provide that each specimen sample be subdivided, secured, and labeled in the
presence of the tested individual and that a portion thereof be retained in a secure
manner to prevent the possibility of tampering, so that in the event the individual's


confirmation tests are positive the individual has an opportunity to have the retained
portion assayed by a confirmation test done independently at a second certified
laboratory if the individual requests the independent test within three (3) days after
being advised of the results of the confirmation tests;

(7) Ensure appropriate safeguards for testing to detect and quantify alcohol in breath
and body fluid samples, including urine and blood, through the development of
regulations as may be necessary and in consultation with the Department of Health;
(8) Provide for the confidentiality of test results and medical information other than
information relating to alcohol or a controlled substance of employees, except that
the provisions of this paragraph shall not preclude the use of test results for the
orderly imposition of appropriate sanctions under this section; and

(9) Ensure that employees are selected for tests by nondiscriminatory and impartial
methods, so that no employee is harassed by being treated differently from other
employees in similar circumstances.

SECTION 5. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or provision not otherwise affected shall
remain valid and subsisting.

SECTION 6. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
nt of this Act is hi repealed, modified or amended

accordingly.

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,