Policy on prescription meds

davsch

May a personnel policy require that employees notify the employer if the employee is taking medication that will negatively impact job performance?

editorial

The ADA prohibits employers from making disability-related inquiries of employees unless the inquiry is job-related and consistent with business necessity. The EEOC addressed the question of inquiries about prescription drugs in its Q&A on disability-related inquiries under the ADA ([URL="http://www.eeoc.gov/policy/docs/guidance-inquiries.html"]http://www.eeoc.gov/policy/docs/guidance-inquiries.html[/URL]):

May an employer ask all employees what prescription medications they are taking?

Generally, no. Asking all employees about their use of prescription medications is not job-related and consistent with business necessity. In limited circumstances, however, certain employers may be able to
demonstrate that it is job-related and consistent with business necessity to require employees in positions affecting public safety to report when they are taking medication that may affect their ability to perform essential functions. Under these limited circumstances, an employer must be able to demonstrate that an employee's inability or impaired ability to perform essential functions will result in a direct threat. For example, a police department could require armed officers to report when they are taking medications that may affect their ability to use a firearm or to perform other essential functions of their job. Similarly, an airline could require its pilots to report when they are taking any medications that may impair their ability to fly. A fire department, however, could not require fire department employees who perform only administrative duties to report their use of medications because it is unlikely that it could show that these employees would pose a direct threat as a result of their inability or impaired ability to perform their essential job functions.

Nevada HR

We are public sector, and our Drug & Alcohol-Free Workplace policy states, in part:

It is the employee's responsibility and obligation to determine, by consulting a physician if necessary, whether or not a legal drug s/he is taking may or will affect his/her ability to safely and efficiently perform his/her job duties. An employee whose impairment may affect job performance must contact his/her supervisor and attempt to find an appropriate alternative assignment. If none is available, the employee may take sick leave or be placed on a medical leave of absence (if available and the employee otherwise qualifies) or take other steps consistent with the advice of a physician. If an employee reports to work under the influence of prescription medication and, as a result, endangers him/herself or others, the employee will be disciplined, up to and including termination.

Sharon McKnight SPHR

[quote=editorial;723174]The ADA prohibits employers from making disability-related inquiries of employees unless the inquiry is job-related and consistent with business necessity. The EEOC addressed the question of inquiries about prescription drugs in its Q&A on disability-related inquiries under the ADA ([URL]http://www.eeoc.gov/policy/docs/guidance-inquiries.html[/URL]):

May an employer ask all employees what prescription medications they are taking?

Generally, no. Asking all employees about their use of prescription medications is not job-related and consistent with business necessity. In limited circumstances, ...


Joan,

Your first post! Glad you could join us. :welcome:

Sharon

criddle

We are public sector too and below is our policy on RX Meds:

Temporary Impairment Due to Use of Prescribed Drugs:
Employees who must use a prescription drug that causes adverse side effects, such as drowsiness or impaired motor skills, must inform their supervisor that they are taking such medication on the advice of a physician. The supervisor may place the employee on sick leave or temporarily assign the worker to different duties, as the best interest of the service may dictate.