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

Fri Nov 16 12:05:40 EST 2012

I wonder if the person having an unexpected heart attack would appreciate a
bottle of aspirin being in a well-known location like the medical kit. I
wonder which is more likely:  a person having a heart attack at work and
being saved by quick thinking, 911, and 325mg of aspirin...or a person with
a headache choking on the pill they chose to swallow and filing suit
against the library (or other organization).

______________________________
*Chad Neeper*
Senior Systems Engineer

*Level 9 Networks*
740-548-8070 (voice)
866-214-6607 (fax)

*Full LAN/WAN consulting services -- Specialized in libraries and schools*

On Fri, Nov 16, 2012 at 11:12 AM, Nancy Levin <nlevin at heightslibrary.org>wrote:

>  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.: ****
>
> ** **
>
> [image: 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****
>
> ** **
>
> "Opening Doors, Opening Minds"****
>
> ** **
>
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