Vicoden

Zacks Mimi

We have a part-time employee with some health problems, that was seen by other employees "popping" 3-4 vicoden on her shift. This was reported to her supervisor by one of the employees. The supervisor needs to know if she can pull the employee aside and talk to her about the vicoden use and the effects it might have on her duties without some violation of confidentiality. I need to know ASAP! Thanks for the input.

Down_the_Middle

I would NOT recommend that this be done. Unless there is observable or performance based impairment signs, the supervisor's inquiry will make it an ADA issue. It's not the supervisor's job to counsel someone on potential effects of narcotic use, unless this supervisor is an MD. You likely have many other employees taking prescribed medications and you're not questioning them, so singling this person out could be a problem. Certainly the suprv can have a dialogue with the employee to see how things are going, but not to challenge the employees medication use based on third party observations. Encourage the suprv to observe the physical behavior and the performance of job tasks. If a problem exists, then that can be addressed. I would NOT let the suprv act on her own based on allegations from other staff.

System

How you would handle this situation depends on the provisions in your company's drug and alcohol policy and whether the worker is in a "safety sensitive" position. If after reviewing your policy, evaluating the worker's position, and determining how other similar situations have been handled by your company in the past you still feel that such an action is warranted, you should consult with your attorney to discuss the possible risks of such an action. Good luck!

Margaret Morford

If your company policy doesn't require employees to advise their supervisor of any medications they are taking that may impair their work, you ought to amend the policy to require the employee to be responsible for notifying his/her supervisor. The employee taking Vicoden may still not be impaired (I can't imagine why not!), but the advice to watch hi/her for signs of impairment going forward is a good one.

Margaret Morford
theHRedge