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

Fri Nov 16 12:00:50 EST 2012

Although it may seem silly or overly cautious for an employer to not
provide OTC pain medication such as aspirin or Tylenol in their first
aide kit, it is a reflection of our overly litigious society.  As a
Trustee, and a labor & employment lawyer, I think the information from
the TMF law firm is really pretty good advice.

________________________________

From: oplinlist-bounces at lists.oplin.org
[mailto:oplinlist-bounces at lists.oplin.org] On Behalf Of Nancy Levin
Sent: Friday, November 16, 2012 11:13 AM
To: Oplinlist (oplinlist at oplin.org)
Subject: [OPLINLIST] Over the counter medications in the
library-suggestions for employers

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.: 

<http://www.tmfattorneys.com/index.php?view=article&catid=3&id=36:provid
ing-over-the-counter-medications-at-work&tmpl=component&print=1&layout=d
efault&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:pro
viding-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"

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