Prescription Meds on the Jobsite? - Contractor Talk - Professional Construction and Remodeling Forum

dougchips · 12-24-2008, 02:33 PM

Do you allow your subs or employees on your job site when they are taking prescription meds?

Do you require a Dr's note stating that they can operate power tools/ be on a roof or whatever the case is?

Do you feel that the Dr's note protects you and your company?

Do you have a resource for knowing what drugs are safe on your job site and in what dose?

Do you even care? (I can't imagine someone not caring but you never know)

Note: This thread is not for illegal drug use discussion there is another one for discussing illegal use.

mickeyco · 12-24-2008, 02:57 PM

How would you know unless the drugs were from a work related accident. I would think it's the employees responsibility to inform the employer, the bottles are clearly marked, even have pictures, but we all know the lawyers always go where the money is. I have taken Vicodin before, my employers at the time didn't seem to give a crap (they knew, I was hurt at work), they just wanted me to work. I wasn't an abuser just used them when absolutely needed, but my partner, who had some bad injuries took them everyday, you'd never know it, he got fired and a DUI for using them (got in a fight after work while using the company truck). Maybe something in the employee handbook about informing the employer if using prescription drugs (is medical info protected?), but it's best not to have an employee handbook in Illinois (fire at will state).

I took a drug test for a new employer while on prescription Vicodin, told the testers (they asked), and the perspective employer was never informed of it (I took the job). I wonder if they can only inform the employer or perspective employer if it's positive for illicit drugs or prescription drugs if you don't have a prescription, they never asked for my prescription, maybe they thay have a way to check?

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Bodger · 12-24-2008, 06:16 PM

Out here in the PRK, people getting 'scripts for medicinal marijuana is rampant, as are the little dope shops that are everythere now.
I wonder if someone has a legal prescription for marijuana, if we're supposed to let them work stoned.
Personally, I don't want to be setting rafters or sheeting on a 5:12 pitch roof with a guy under the influence of the wacky tobacky.
Nothing personal against the usage, especially if it's prescribed.
I've had a toke or two myself in my life, just not on the job.

**genecarp** · 12-24-2008, 06:27 PM

No i dont care, you can"t legally ask a person if they are on perscription meds. that is a private matter between a doctor and his patient.

rbsremodeling · 12-24-2008, 06:31 PM

I don't like it I am scared of all the things that can go wrong and the lawsuits so I prefer that no one does hard drugs.

I am blessed that I honestly don't think any of the guys that I have employed other the last 10 years did hard drugs.

I did suspect 1 of them of smoking some weed now and again.

It is hard not to be a hypocrite. I drink often so who am I to judge

mickeyco · 12-24-2008, 06:42 PM

Quote:

Originally Posted by genecarp

No i dont care, you can"t legally ask a person if they are on perscription meds. that is a private matter between a doctor and his patient.

That's what I was thinking, the HIPAA laws, but if you are taking a prescription drug that would impair your ability to preform your job you'd have a duty to inform the boss. But if you didn't and an accident occurred and someone not at the company is hurt or there is property damage, the injured party is going to go after the company, not the employee (you may never know the employee was taking prescription drugs or that it might have been the cause). Something I never gave much thought to, I'd be curious to know how the law applies.

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mics_54 · 12-25-2008, 12:07 PM

Most litigation favors due diligence. If there is such a law suit the plantif will likely file suit against multiple parties. Toss it up against the wall a see what sticks. Insurance companies generally try to mitigate the risk by having companies develope employment practices that create paperwork to prove due diligence. An employer might be required by his liability carrier to require signed affidavits stating company policy forbidding work while using prescription pharmacuticals that impare the individuals ability to function and a doctors release stating that the prescriptions use will not effect his function thereby relieving the employer and his insurance comapny of liability and placing it upon a doctor...with deep pockets and malpractice insurance.

nap · 12-25-2008, 06:38 PM

Quote:

Originally Posted by genecarp

No i dont care, you can"t legally ask a person if they are on perscription meds. that is a private matter between a doctor and his patient.

have any support for that gene?

HIPAA laws prevent a entity with knowledge of medical information from disclosing it to any other entity without permission from the patient. It does not prevent an employer from asking about the use of meds.

Bottom line, an employer can ask anything they want that is not considered to be descriminatory or not relaltive to the employment. Taking meds is relative to the employment as, as we all know, the directions while taking many meds, specifically warn against operating equipment and machinery while taking the meds.

I suspect that an employer would be safe asking if the empoyee is taking and meds that may fall under such a catagory. Not so sure about requiring disclosure of meds that so not carry such a warning.

**genecarp** · 12-25-2008, 06:50 PM

Quote:

Originally Posted by nap

have any support for that gene?

HIPAA laws prevent a entity with knowledge of medical information from disclosing it to any other entity without permission from the patient. It does not prevent an employer from asking about the use of meds.

Bottom line, an employer can ask anything they want that is not considered to be descriminatory or not relaltive to the employment. Taking meds is relative to the employment as, as we all know, the directions while taking many meds, specifically warn against operating equipment and machinery while taking the meds.

I suspect that an employer would be safe asking if the empoyee is taking and meds that may fall under such a catagory. Not so sure about requiring disclosure of meds that so not carry such a warning.

No, currently i do not, i will however challenge anyone to show up at work on monday, ask there employees if any of them are on antidepressants. If they are unwilling to answer, what would your next move be? If they answer yes, (and the antidepressant has side effects, like many do). would you be willing to place them on limited duty, or fire them, and expect no repercussions? I am not debating the risks that increase while an employee is on medication. i am however challenging how realistic it is to do anything about it. G

silvertree · 12-25-2008, 10:48 PM

Not exactly related, but my plumber who was also my friend was on drugs for bipolar disorder. Without them he could be a challenge to be with. He stopped taking the meds and hung himself a few weeks ago. He was against drug usage. I wish he had acted differently.
Medication questions are asked at the interview, that's legal.
You can ask your guy if he's on meds, and you can ask for a note from the doctor. If you send him home, you have to pay his wages until you get the note saying he can work.
If I had a guy taking medication I would ask for the doctors note.
In other words, if the doctor says he can paint off a 40 foot ladder, you got something. But in the real world, anything can get you sued whether it was known or hidden from you, you own a business and you got a target painted on your back.

MALCO.New.York · 12-25-2008, 10:59 PM

You CAN ask an Employee ANY question you choose. What you can not do is PENALIZE or DISCRIMINATE due to an answer or lack there of.

I can Legally ask an Employee if he is a Homo, a Dope Fiend, A Child Molester, a Convict, a Wife Beater, whatever. If I fire him, harass or present any sort of Bias for an answer I do not like or no answer at all, I am SCREWED!

dougchips · 12-25-2008, 11:06 PM

Quote:

Originally Posted by MALCO.New.York

You CAN ask an Employee ANY question you choose. What you can not do is PENALIZE or DISCRIMINATE due to an answer or lack there of.

I can Legally ask an Employee if he is a Homo, a Dope Fiend, A Child Molester, a Convict, a Wife Beater, whatever. If I fire him, harass or present any sort of Bias for an answer I do not like or no answer at all, I am SCREWED!

I've been asked those question amongst others while hooked to a pre-employment polygraph machine.

silvertree · 12-25-2008, 11:12 PM

Quote:

Originally Posted by dougchips

I've been asked those question amongst others while hooked to a pre-employment polygraph machine.

And then you started your window business

dougchips · 12-25-2008, 11:19 PM

Quote:

Originally Posted by silvertree

And then you started your window business

Law Enforcement does not pay as well.

silvertree · 12-26-2008, 01:00 PM

Quote:

Originally Posted by dougchips

Law Enforcement does not pay as well.

Unless your from Chicago

Jayrek · 12-27-2008, 10:31 AM

Quote:

Originally Posted by MALCO.New.York

You CAN ask an Employee ANY question you choose. What you can not do is PENALIZE or DISCRIMINATE due to an answer or lack there of.

I can Legally ask an Employee if he is a Homo, a Dope Fiend, A Child Molester, a Convict, a Wife Beater, whatever. If I fire him, harass or present any sort of Bias for an answer I do not like or no answer at all, I am SCREWED!

The rape-o's and perv-o's and kiddie diddlers have to tell you when they are hired in my state if they are registered. One guy told me he was a registered (pedophile) 2 months after he was hired. I told him to hit the road. He called and threatened legal action, I called my attorney he said to call his case manager and let him know that he was not compling by informing his employer. All I had to do was threaten to call his case manager and he left for good. Now I look them all up online and google their names.