[OPLINLIST] Over the counter medications in the library-suggestions for employers

[Nancy Levin]

HI all,
A number of you have asked me what information I have uncovered about providing over the counter medications for library staff. I will summarize what I know:

A number of libraries have pulled all medications out of their first aid kits and do not have a community bottle of Tylenol or Tums because they have been told that it is a liability. I have not found a law, but I have found a number of prudent  bits of advice that I will share. Our insurance broker was here today and said that we should not provide any medications for staff or anyone else and suggested the following policy in the HR manual:

"Employees may only have in their possession prescription drugs made out to them or over the counter medicines for their personal use. Medicines should be in their original containers or thusly labeled. "

Here is some other information you may wish to learn:


>From a legal website sponsored by TMF Attorneys-link below. Since I am not an attorney, I suggest you check with your own counsel.:

[Print]<http://www.tmfattorneys.com/index.php?view=article&catid=3&id=36:providing-over-the-counter-medications-at-work&tmpl=component&print=1&layout=default&page=&option=com_content&Itemid=39>

The use of over-the-counter medications, such as pain relievers and cold medications, may allow an employee to remain at work despite a nagging headache or a dripping nose.  Given the benefit of keeping an employee working productively, should an employer provide over-the-counter medications to employees suffering from minor ailments at work?  We believe the answer is no for several reasons:


1.     The medication may result in an unintended consequence, triggering lawsuits against the employer.  The employee could sustain an allergic reaction to the medication.  The medication could cause drowsiness, resulting in a workplace accident or an accident while traveling after work.  The employee could take the wrong dose or choke while attempting to swallow the pills.

2.     The employee may feel pressured by the manager or supervisor into taking the medication, even if the employee does not want to take that particular type or dose of medicine being offered.

3.     Providing medicine may open the employer to charges that the employer knew the employee was disabled.  For example, if an employer regularly gave an employee pain medication at work, then subsequently terminated the employee, the employee may have a claim of disability discrimination, arguing that the employer knew of the disabling condition by virtue of regularly supplying pain medication to the employee.
A recent article by an employment consultant counseled against providing over-the-counter medications to employees, but recommended that employers adopt a policy requiring employees to notify their supervisor if they are taking medications, including over-the-counter medications, that may impair their ability to perform their work or cause drowsiness.  We advise against advising all employees to divulge the medications they are taking.  Generally, an employer may not ask all employees what prescription or over-the counter medications they are taking, because such information is confidential.  Asking all employees about their use of medications is not job-related and consistent with business necessity.
In limited circumstances, certain employers may be able to demonstrate that it is job-related and consistent with business necessity to require employees in positions of public safety to report when they are taking medication that may affect their ability to perform the essential functions of their job.  Under those limited circumstances, however, an employer must be able to demonstrate that an employee's inability or impaired ability to perform the essential functions will result in a direct threat.  It is only in those limited circumstances that an employer should require an employee to provide a list of the medications being taken that present a direct threat.
That same article also suggested adding one or two basic over-the-counter medications to the company's first aid kit that employees may access.  This still has the taint of being employer supplied medications, and again we would recommend against doing so.
We recommend that employees be responsible for maintaining and controlling their own pain and cold medications.  That way the employee is the one controlling when and what is taken.
Feel free to contact any of the TMF attorneys to discuss this or any other legal matter.

www.tmfattorneys.com/index.php?option=com_content&view=article&id=36:providing-over-the-counter-medications-at-work&catid=3&Itemid=39


FDA LOWERS THE ACETAMINOPHEN DOSAGE LIMIT
& PROPOSES BLACK BOX WARNING

On January 13, 2011 the Food and Drug Administration (FDA) lowered the limit of acetaminophen allowed to be included in prescription drugs to only 325 milligrams per dose. The FDA also mandated an update to labels of all prescription combination acetaminophen products to warn of the potential risk for severe liver injury. There is a wide array of both prescription and over the counter drugs that include acetaminophen (see list of drugs at the bottom of this page) and prior to this new limit, many of the prescription medications had up to 750 milligrams of acetaminophen per dose. The FDA also now proposes inclusion of their most severe "Black Box" warning on all prescription products that contain acetaminophen.

TAKING MORE ACETAMINOPHEN THAN YOU KNOW. WHAT IS APAP?

"APAP" is an abbreviation for acetaminophen that many drug-makers use as shorthand in the list of ingredients on their drug packaging. Even if the prior dosage of acetaminophen had been an appropriate amount, it is not uncommon for users to accidentally exceed recommended dosage limits by taking more than one medication that includes acetaminophen at a time without realizing it because they do not recognize that "APAP" is, in fact, also acetaminophen! Some of the most popular drugs that use the abbreviation "APAP" are Percocet, Vicodin, and Tylenol with Codeine, among others.

WHAT IS ACETAMINOPHEN?

Acetaminophen was approved by the United States Food and Drug Administration (FDA) in 1951. Acetaminophen, known as Paracetamol internationally, is a pain reliever and fever reducer. Acetaminophen is most commonly sold under the brand Tylenol, but it is an ingredient in hundreds of brands both prescription and over the counter (OTC). It is frequently found in cold and flu medications. Acetaminophen has been linked to liver damage and failure.



Nancy S. Levin
Director
Cleveland Heights-University Heights Public Library
2345 Lee Road
Cleveland Heights Ohio 44118
216-932-3600 ext 240
nlevin at heightslibrary.org<mailto:nlevin at heightslibrary.org>

"Opening Doors, Opening Minds"

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.oplin.org/pipermail/oplinlist/attachments/20121116/d82ad369/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 291 bytes
Desc: image001.png
URL: <http://lists.oplin.org/pipermail/oplinlist/attachments/20121116/d82ad369/attachment-0001.png>