- Drug-Free Workplace Advisor
Please note: The Department of Labor ended the drug-free workplace program in 2010. Accordingly, it does not currently administer a “Workplace drug testing” advisory web page and is not responsible for the content of the linked sites.
Drug-Free Workplace Policy Builder
Prescription and Over-the-Counter Medications
Because medications can affect an employee's ability to make decisions, exercise good judgement and operate equipment, employers may have a legitimate interest in addressing the use of both prescription and over-the-counter medications in their drug-free workplace policy.
Employers should not implement a blanket policy requiring all employees to disclose prescription drug use for legitimate medical purposes. Moreover, the Americans with Disabilities Act and the Rehabilitation Act of 1973 permit an employer to ask disability-related questions only if they are job related and consistent with business necessity. However, there are some prescribed and over-the-counter medications, such as amphetamines and benzodiazapines, that may result in a positive drug test. In this event, a Medical Review Officer (MRO) or other appropriate company personnel may inquire to determine if the employee has a legitimate medical explanation, such as a physician's prescription, for a positive drug test.
However, employers may want to consider incorporating language regarding prescription and over-the-counter drug use by employees who perform jobs that directly affect public safety and health. Because important privacy interests and non-discrimination protections must be balanced with the need to address workplace drug use, employers are strongly encouraged to consult with an attorney specializing in employment law before deciding to cover prescription and over-the-counter drug use in their drug-free workplace policy.
If you want to address prescription and over-the-counter drug use in your policy, select the box below.