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

Fri Nov 16 13:17:36 EST 2012

Given that ours is a greying profession and after having someone close to me
die at work from a heart attack, I would vouch in favor of keeping the meds
available. Is the fear of being sued worth not having on hand something that
could help save a life?

From: oplinlist-bounces at lists.oplin.org
[mailto:oplinlist-bounces at lists.oplin.org] On Behalf Of Chad Neeper
Sent: Friday, November 16, 2012 12:06 PM
To: Oplinlist (oplinlist at oplin.org)
Subject: Re: [OPLINLIST] Over the counter medications in the
library-suggestions for employers

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.: 

<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&p
age=&option=com_content&Itemid=39> Print

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
<http://www.tmfattorneys.com/index.php?option=com_content&view=article&id=36
:providing-over-the-counter-medications-at-work&catid=3&Itemid=39>
&view=article&id=36:providing-over-the-counter-medications-at-work&catid=3&I
temid=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 <tel:216-932-3600%20ext%20240> 

 <mailto:nlevin at heightslibrary.org> nlevin at heightslibrary.org

"Opening Doors, Opening Minds"

_______________________________________________
OPLINLIST mailing list -- OPLINLIST at lists.oplin.org
http://lists.oplin.org/mailman/listinfo/oplinlist

http://aboutbooks.info -- Search for author, title, subject... anything
about books.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.oplin.org/pipermail/oplinlist/attachments/20121116/4d94e131/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 291 bytes
Desc: not available
URL: <http://lists.oplin.org/pipermail/oplinlist/attachments/20121116/4d94e131/attachment-0001.png>