Prescription drug use
vgs513
2 Posts
I have several employees who have a legitimate prescription for Percocett......this is Pennsylvania....2 of them operate forklifts and such. Do I have to allow this? Do I have to put them in "another job" or can I terminate them?
Comments
I can give you a few things to think about though.
1) I can't imagine any government or private authority allowing someone to drive a forklift when they are using Percoset. I got this from a website on Percoset: "can cause side effects that may impair your thinking or reactions. Be careful if you drive or do anything that requires you to be awake and alert." When my daughter was taking this drug she was told in no uncertain terms not to drive. If you can't drive a car, then it follows that you can't drive a forklift. This is a safety issue and your company can be held liable if something happens. Having said that, I think your first move would be to provide their job descriptions to their doctors and get a release from them. If the doctor says it is safe (I would be very shocked to see it) and there is no law against it, then you may need to rethink the situation.
2) Whether you have to do anything else depends on your policies, the size of your company, etc. If you have 15 or more employees then you fall under the ADAAA. This means you need to begin a conversation with the employees to see if a) they qualify for some time of disability and b) you can make a reasonable accomodation. That might mean giving them something else to do, or it might mean giving them some time off. The accomodation will depend on each person and what is reasonable for you. Nothing is reasonable if it causes your company a hardship. But beware: what you may see as a hardship a court might see as reasonable. So be careful, and make an accomodation wherever possible.
Finally, let me just throw this thought out there. Organizations who value their employees and help them through rough patches rarely regret it. Of course, it depends on the employee and the rough patch. But I have found that employees who see that you support them and value them are more loyal, work harder, stay longer, and help you in unexpected ways to grow the company.
I hope someone from PA answers your post soon. In the meantime, good luck!
Nae