Does your workplace have a policy about not giving out over the counter meds to employees?
Stuff like aspirin, Ibuprofin, antacid tablets. I’ve had employers who say it’s illegal for the business to keep these items on hand to give out but others where we’ve done it all the time.
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13 Answers
I’ve never worked somewhere that didn’t keep tylenol or ibuprofen around, but I can understand why some would want to avoid the risk with it.
I hate businesses that are that paranoid. How insanely stupid to react to a legal threat from long ago, with overkill, like that.
Managers and Owners with that mindset are usually the types who try to find ways to say “no” before they say “yes” to things. They don’t want to have to think. It’s a lot easier for these worthless managers or directors to just say “No, we can’t do that. Liability”.
They could accommodate people… but that takes too much thinking.
My workplace has an on campus health center. It is usually not an issue here.
@Kraigmo Totally agree. The university I went to was famous for “just saying no”.
Maybe it is for cost cutting reasons – record keeping, maintaining stock, dispensing. It is a waste of time for the company.
Bring your own OTC drugs with you and keep them in your desk.
At many larger companies, you can keep your own stash of OTCs at your desk for your own use, but distributing them to co-workers is frowned upon. Company provided medications, unless in individual packets, could leave a company open to liability issues if someone had a reaction to a medication or if the contents of a bottle were tampered with. Likewise, many companies frown on employees sharing prescription medications with other employees. (I work with a woman who will pass out her valium like breath mints.)
In the US I found this comment that might be helpful here…
A: Your drug policy prohibiting all legal drug use may
be too broad and most likely violates the Americans with Disabilities Act
(ADA).
The ADA specifically limits what medical inquiries you can make of
current employees to those that are job-related and consistent with
business necessity. According to the Equal Employment Opportunity
Commission (EEOC) regulations and guidances, a medical inquiry or
examination of an employee meets this business necessity standard
when:
1. An employee is having difficulty performing the job effectively,
such as when the employee falls asleep on the job, is absent
excessively, or experiences a decline in the quantity or quality of work;
2. An employee is injured or becomes ill and the employee’s ability
to perform the essential functions of the job is in question;
3. An employee requests an accommodation for an alleged
disability;
4. The employer reasonably believes that an employee’s medical
condition will cause the employee to pose a direct threat;
5. The employer receives information from a credible third party
that an employee has, or the employer observes symptoms indicating an
employee may have, a medical condition that will impair his ability to
perform the essential job duties or will pose a direct threat; or
6. The inquiry or examination is required by law, such as medical
examinations required by OSHA or the Department of Transportation
regulations governing interstate bus and truck drivers, railroad engineers,
and airline pilots.
I’ve worked with companies that have gone both ways. I’ve never really paid much attention to it but I’m certain I’ve never heard anyone say it was illegal, though liability is always a concern. Most places seem to have either a cabinet of “sample size/individual dose” packets or a “desk pharmacy” system where all you have to do is ask and someone will have it somewhere.
I think my favorite was working with a branch of the Canadian military. The ranking officer on site always kept a bottle of aspirin in his desk and at the end of the day when I’d brief him on the current status he’d always ask if I needed any. Well the first day two days I said no and he just smiled and went on with the briefing. On the third day I was curious and asked one of the junior officers what the man’s obsession with aspirin was all about. All he told me was that I’d be smart to accept his offer. All that did was confuse me but at the end of the day, I said yes. And that’s how I learned, in Canada, depending on who you’re talking to, aspirin looks and tastes an awful lot like Jagermeister.
Its really up to the individual company. if you look at the law that states “dispensing medicene without a license”, it pretty well covers this question in my state. each time you give a person a pill or liquid, not specifically prescribed for them, you are violating the law. not to mention adverse reactions and civil lawsuits. its bad business to give anyone, anything. its not only illegal in my state, but civil action may be brought against the person giving the medication.
My company doesn’t do it, nor does anywhere else I’ve ever worked. I don’t know if its even legal in the UK to do so.
Their is a new regulation in their somewhere which makes it easier for companies to ‘just say no’ but I have some aspirin in my drawer at work and if any of my employees need one istate very clearly that they belong to me and they are very welcome to one. It is ony because employers do not (normally) have your medical records and can not supply medication that you may or may not have a Problem with. For this reason most do not supply any.
Hi. Your former employer is mistaken. In the US, an employer can provide OTC medications if they choose. Not required, certainly not illegal.
Providing aspirin is no different that providing coffee (caffine is a drug, too) and many employers find that this is a nice benefit and helps keep employees productive when they are not feeling well. Most accidents happen when people are not feeling well, too so it can also help reduce accidents.
I suspect they’re afraid of liability and just don’t want to be responsible, so they’re getting themselves off the hook by saying it’s “illegal.”
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