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

Fri Nov 16 14:09:26 EST 2012

So I'm guessing the "medicinal" bourbon in my office is out now as well ...

On Fri, Nov 16, 2012 at 1:56 PM, Michael Penrod <michaelpenrod at wcdpl.org>wrote:

> 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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-- 
Bill Martino
Director
Holmes County District Public Library
3102 Glen Drive
Millersburg, Ohio 44654
Phone: 330-674-5972, ext. 201
Fax: 330-674-1938

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