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- 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.

Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices.

The illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our drug-free workplace policy to intentionally misuse and/or abuse prescription medications. Appropriate disciplinary action will be taken if job performance deterioration and/or other accidents occur.

If you do not want to include this issue in your policy, do not select the option.

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