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

Fri Nov 16 13:56:05 EST 2012

I have aspirin, Tylenol, cough drops, and allergy medicines in my desk.  A
lot of my fellow staff do the same.  And we all share as needed.  But all
of this is our own personal choice and our own personal risk.  To have the
EMPLOYER provide medications is a line that we should not cross.
IMHO,
Michael

On Fri, Nov 16, 2012 at 1:17 PM, Shelley Bylica <bylicash at oplin.org> wrote:

> 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.: ****
>
>  ****
>
> [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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>
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-- 
Michael Penrod, Director
Wood County District Public Library
251 North Main Street, Bowling Green, OH 43402
Voice:419-352-5104 Fax:419-353-8013
michaelpenrod at wcdpl.org
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