Blog

Life Happens. We’re here to help.

Prescription Medication in the Workplace

ISS 3692 03260 1024x683 1
Share:

Prescription drug policies are a necessity for a drug-free workplace. According to the National Institute on Drug Abuse, 48 million Americans have misused prescription drugs for non-medical reasons in their lifetime. When addressing prescription drugs in the workplace, it’s important to understand your employees’ personal rights. Where do you draw the fine line between upholding a drug-free workplace policy and employee discrimination?

When it comes to drug testing, legal prescription drugs blur the lines of right and wrong. In 2013, the Equal Employment Opportunity Commission (EEOC) fined an Ohio company $50,000 for firing an employee who tested positive for a prescribed medication for her bipolar disorder after having an adverse reaction to the drug. Similarly, a Tennessee employer faced fines of $750,000. The firm required employees testing positive for legal prescription medications to disclose the medical conditions for which they were treating.

Answer these questions as a precaution before inquiring about an employee’s prescription drug use.

Question 1: Can I legally drug test my employee for prescription drugs?

Employers with employees working in safety-sensitive positions are obligated to ensure their employees are not impaired while engaged at work. An employee holding a “safety-sensitive” position is responsible for his/her own safety or other people’s safety.

According to the Americans with Disabilities Act (ADA), whether an employer is permitted to test employees for prescription medications will hinge on whether the test is a “medical examination.” This is defined as a job-related drug test, consistent with business necessity.

Question 2: After a positive test, can I require employees to disclose medications?

The ADA recognizes the difference between a general requirement employees disclose a list of all prescription medications taken (which is illegal), versus a policy that only requires the disclosure of machine-restricted medications after a positive test.

When it comes to positive prescription drug tests, create measures designed to avoid gathering information about employees’ disabilities. This includes information like using a third party to collect the information regarding specific medications. Be consistent in your treatment of employees who test positive. Only disclose the results to those who need to know. Do not ask employees to disclose the underlying medical condition for which they are taking the medication.

When creating your drug-free workplace policy, forgo a blanket policy requiring employees to disclose prescription drug use for medical purposes. Use the United States Department of Labor’s Drug-Free Workplace Policy Builder to incorporate appropriate language regarding prescription and over-the-counter drug use by employees who perform jobs that directly affect public safety and health.

Related Posts

Vacation Smarter: Boost Well-Being Beyond the Escape

Are you familiar with that post-vacation afterglow? The kind where you return to work feeling recharged, brimming with new ideas, and more motivated than ever? Surprisingly, stepping away from your desk and embracing relaxation isn’t just enjoyable—it’s scientifically proven to be beneficial. But how can you preserve that uncluttered state of mind and heightened creativity, even after your holiday tan fades and your suitcase is tucked away? Let’s dive into practical strategies to harness the wellness benefits of your much-needed time off and minimize the post-vacation hangover.

Read More

Top 10 Tips to Get the Most Out of Your Employee Assistance Program

How we understand work’s role in our lives is undergoing a paradigm shift accelerated by the pandemic. The once-believed clear lines between ‘personal life’ and ‘professional life’ have all but vanished. The reality is that how we work profoundly influences our personal well-being, relationships, and overall quality of life. And it’s a two-way street: the stability or turmoil of our personal lives significantly shapes the quantity and quality of our professional contributions. Discover how Employee Assistance Programs (EAPs) can bridge the gap between these two spheres. Learn practical strategies to fully leverage EAP resources, enhancing employee well-being and potential. From dealing with personal challenges like financial stress or caregiving responsibilities to navigating professional hurdles, our top 10 tips provide a roadmap to ensure that employees understand the available support and how to tap into EAP resources effectively.

Read More

Maddox

Student Assistance Program (SAP) & Outpatient Counseling

Maddox*, an elementary-aged student, struggled with anger outbursts, physical aggression, and difficulties with problem-solving. After spending years off-and-on in therapy seeking treatment with various providers only to remark that “none seemed to want to listen,” Maddox’s parents sought SAP services through their district. 

Today, Maddox is completing his SAP sessions and moving towards outpatient counseling. He has reduced his anger outbursts and has learned skills to help him successfully navigate challenging days.

Skip to content