Specifically, the EEOC claims that the policy required Salinas, who is alleged to have a chronic and permanent back injury, to self-disclose that he was taking prescribed medication (in this case, Valium and Hydrocodone) to management and barred him from working while taking such medication.
The ADA prohibits employers from making disability-related inquiries of applicants and employees, unless the inquiry is job-related and consistent with business necessity. 42 U.S.C. While this outer boundary of what is prohibited is clear, everything short of that is not so clear. § 12112(d)(4)(A). It has long been the law in states that are within the jurisdiction of the Tenth Circuit Court of Appeals (Oklahoma, Colorado, Kansas, New Mexico, Utah and Wyoming) that a broad policy requiring all employees to disclose all prescription drug use violates the ADA.
Employee Use of Prescription and Over-the-Counter Drugs While at Work. By Elizabeth 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.
By Elizabeth Darby Rehm and Matthew C. Myrick.
The Department of Labor developed the following model language relating to prescription and over-the-counter drug use for employers to consider including in their drug and alcohol policies:
Most likely, employers may lawfully require employees other than those holding positions affecting public safety to notify the employer of prescription drug use that could affect their ability to perform their job. While asking employees who operate heavy equipment whether they take medications that can affect motor skills is arguably job-related and consistent with business necessity, asking a secretary or receptionist is likely prohibited.
Has anyone who is having frequent head pain/ migraines, and taking narcotics (I take hydromorphone) to relieve the pain, even though it is a temporary relief any way, my question is has anyone returned to work after d….
I had my first seizure about 2 years ago. This allows me to function at work and drive. There is 100% risk of complication for surgery. Most often, I don’t start feeling relief and a little better by 8 PM or 8:30. I take meds when I wake (I wake with a headache), and then take none while I’m at work. The pain never goes 100% away. I almost went on full disability about 2.5 yrs ago, but I’ve been hanging on, and am definiy in a better place than I was 2.5 yrs ago.
Some state legislatures have recognized the soaring costs of worker's compensation claims associated with narcotic use in the workplace and have placed bans or restrictions on taking these medications while working.
Some states have implemented statutes regarding the use of narcotics in the workplace while other states leave it to individual employers to make decisions regarding narcotic use. Narcotic medication can pose a safety threat in certain workplaces, particularly those that use heavy machinery or require extreme concentration and precision. Federal law prohibits the termination of any employee due to his or her medical condition, unless that condition unreasonably interferes with job tasks or duties.
Simply taking a prescription medication that might cause impairment does not mean you cannot work or be hired in a particular position. The issue is whether you can practice nursing safely while on the medication. The Americans with Disabilities Act protects workers with disabilities. A person who needs a.
menu Dear Nancy.
Your question is a good one that can only be answered by your primary care physician and other physicians who are familiar with narcotic pain medication and their effects, if any, on one’s functioning in a nursing position. This is an issue that comes up frequently in the real world and its resolution depends on many factors, including the pain medication involved, the nurse’s response to the medication, how often the medication is prescribed to be taken and the nurse’s responsibilities in his or her job.
Even with a glowing letter of support, however, it is important to remember that it is the nurse licensee who is accountable for his or her own conduct and judgment concerning the ability to provide safe and competent care to patients.
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Each state nurse practice act and its rules clearly include impairment of any kind as a possible basis for disciplinary action against the nurse, whether there is a patient injury or not.