Drugs, Which Ones Are You Taking?

Don D

We just revised an old policy. It required that employees notify Human Resources "anytime they receive samples or prescribed medication which may alter his/her behavior, physical or mental ability" and must do so within 24 hours of receiving the medication. In light of the ADA, that could be very problematic. Also, when H.R. receives such information, we had a duty and an expectation of doing something with it, since we required it. If we got notice that an Ee was on medication, we would either have to file it away with no action or make an effort to decide what kind of drug it was and its possible effects. This involved calling a pharmacist or doctor and wasting his time since we weren't paying for the discussion. SO, we decided to trash that policy or at least alter it to require only that "An Ee who is on medication that may affect motor skills or that would impact alertness, drowsiness or gait, is required to notify the H.R. Department". I'm not even sure we should retain THIS much of the policy. Seems like to me an attorney for one of these employees, if terminated for any reason, might head off in the direction of "perceived as disabled" if he had a record or history of medication that he had been reporting to H.R. Wouldn't we be just as well off leaving the monkey on the back of the Ee and his medical practitioner? I don't need to be in the business of trying to determine the identity and side effects of hundreds of types of medication.

WOCO Frank

Our policy is similar to your revised version, but it only applies to DOT-regulated positions. DOT regs are already rife with ADA-objectionable items, so what's one more?

Down_the_Middle

Don
I agree with your conclusion also. Been there, done that and learned the lesson. Currently, we don't require any employee to come forth with medication info. Since we have a reasonable suspicion policy in place, it becomes mgt's respon to observe their staff and determine if impairment exists. If suspected, then we ask employee to disclose the Rx's and we proceed accordingly. The other option (as you note) is RIPE with hazards.

Margaret Morford

I'm going to take a little bit different approach. An essential function of any job is that a person be lucid, able to perform and not a danger to themselves or anyone else. I think that you are within your rights as an employer to require employees to make you aware if they are taking medication that impairs (not may impair)their ability to perform their job, particularly if they operate machinery for you. If this makes them ADA protected, which it probably will not, you then explore a reasonable accomodation.

The same way you have an obligation to address anyone in the work place that you believe is incapable of performing their job, whether it is caused by medication or not. Start by talking to the employee about his/her lack of ability to perform the job. Describe lack of focus, slurred speech, whatever you are seeing that is a performance problem. If they tell you they are having trouble because they are on medication, you don't have to know what the medication is or what condition it is treating. Then advise them in writing that they are having difficulty performing their job and suggest that they go back to their doctor to let the doctor know that what they are taking is effecting their ability to perform their job. The doctor can decide whether to give them something else, cut the dosage, etc. Because every drug effects each person differently, this would be valuable information for the doctor and your employee to know in order to adjust the medication.

While it is legally safer not to ask about medicine, it doesn't help the employee or keep employees safe nor does it help you run your business. Train your supervisors how to handle this rather than just not asking or dealing with the situation.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
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