Supplying Aspirin/Tylenol, etc

rhwalter · March 2002

I have a medium sized vending company. We have noticed a trend lately of employer's taking a stance against maintaining a "Company Aspirin Bottle" and allowing employees to draw from it. At the same time, they are asking us to supply them in our vending machines.

First, what are the liabilities associated with an employer providing gratis over the counter analgesics to their employees?

Next, is the liability for such an act mitigated if the employee purchases the same item from a vending machine on the employer's premises.

Finally, are we the vending company assuming some mantle of liability by placing the requested items in our vending machines.

I am the CEO of the vending company, so I have multiple levels of interest here. The original question arose in trying to decide whether or not we should provide the prepackaged products we sell in the vending machines to our employees either for a charge or in our company's own vending machine.

Thanks for any response. I am glad I found this forum as there are many great topics under discussion.

Regards,

RHWalter

Carol CA · March 2002

Our company looked at this too and I believe you are OK as long as you use the pre-packaged medications. These come as "one dose" with the appropriate warning labels on the outside. As the medications are over-the-counter, and only provided as a single dose, and have the warnings, it should be OK.

As the vending machine company, you are only providing the service. The employees could buy the medication from you or run down the street to the local drug or grocery store. No store monitors how much aspirin they sell to a customer, so from that standpoint you should be fine too.

memiller · April 2002

I would recommend you check OSHA regulations regarding dispensing aspirin. I was informed by our Safety Advisor that we cannot dispense aspirin, only non-aspirin products - prepackaged. Aspirin can cause medical side effects that could come back to haunt an employer.

WOCO Frank · April 2002

>Aspirin can cause medical side effects that could come back to haunt an employer.

So can ibuprofen, etc.

At what point does our fear get in the way of providing a productive work environment?

Can anyone cite for me an actual case in which an employee successfully sued his employer for having aspirin in a vending machine?

memiller · April 2002

I took the liberty to call OSHA myself and was informed there is NO regulation prohibiting an employer from providing aspirin to employees. They do recommend you ask if the employee knows if they are allergic to aspirin before giving it to them. Sorry for the first posting.

njjel · April 2002

At one point our legal counsel advised us that we should not provide any drugs due to the fact that an employee MAY be have an adverse reaction to it and then we are liable for supplying it. In a vending machine however that is the employee purchasing the medication just as if they went to a store.

dhnyct · April 2002

Is there a problem having an OTC bottle of two or three meds for headaches, upset stomachs, etc? Employees (no minors) do not "buy" it as from a vending machine, but they personally choose whether or not to take advantage of the supply.

Anita · April 2002

We have a medical supply cabinet that is maintained by a safety company and any employee can get in to it for any supplies needed such as: aspirin, bandaids, gauze, cleaning pads, antacids, etc.

Anita · April 2002

We have a medical supply cabinet that any employee can get in to. It is maintained by a medical supply company and has such items as: aspirin, antacids, gauze, bandaids, antiseptic wipes, etc.

njjel · April 2002

Again, if the company is supplying (paying for) the drugs (otc or other) they are liable for any adverse reaction the employee may have. In addition, the employer is not aware what other medication the employee may be taking.....I'd stay away from dispensing any medicines at all.

Gillian · April 2002

I agree with WACO Frank and the others who have a supply cabinet. This is another risk evaluation issue. What is the risk of supplying aspirin vs. the benefit that we get by helping an employee with a headache? I think that the benefits outweigh the risks. I have been handing out aspirin for more than 35 years and nothing bad has happened yet. I don't think it will but if it does I will think of all the headaches that I have helped to alleviate. In fact, a couple of days ago I helped myself to a couple of aspirin to alleviate a headache caused by my bifocals and too much time on the computer.

Gillian · April 2002

I agree with WACO Frank and the others who have a supply cabinet. I have been handing out aspirin for more than 35 years and expect to for a few more. Nothing bad has happened yet and I have helped to alleviate a lot of headaches and have had happier employees because of it. Matter of fact, a couple of days ago I helped myself to a couple because I had a headache - too much computer work and bifocals.

Gillian · April 2002

Guess I didn't need two responses, but I something happened to the computer and I thought that the response disappeared into never-never land. When I opened the thread I was prepared to do another. At least the second response was shorter.

Paul in Cannon Beach · April 2002

I have a headache now from following this thread.. Does anybody have an aspirin? I swear I won't sue you later.

[email]paulknoch@hotmail.com[/email]

Gillian · April 2002

If I could send you one through hotmail, I would.

Paul in Cannon Beach · April 2002

Of course, that brings up other issues like whether your company's electronic mail policy allows for such correspondence...

I would put a little smiley face here but I cant figure out that high level tech stuff.

[email]paulknoch@hotmail.com[/email]

System · April 2002

FYI - Add a smiley face when you post a message by clicking on the "Emotion icon short cuts" link just above your message box (you only see this link when you are posting or replying). A box will pop up with a list of short cuts for adding emoticons to your message.

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

WOCO Frank · April 2002

>FYI - Add a smiley face when you post a message by clicking on the
>"Emotion icon short cuts" link just above your message box>
>Christy Reeder

Back when I was just starting out, we didn't have emoticon links - we had to type all emoticons in by hand. You kids don't know how easy you have it these days!

System · April 2002

Guess I'll have to alter my childhood stories from walking uphill in the snow barefoot to having to actually type out emoticons! Horrors of all horrors. My (future) children will cringe when they hear of it! x;-)

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

Don D · April 2002

> >FYI - Add a smiley face when you post a message by clicking on the
>>"Emotion icon short cuts" link just above your message box>
>>Christy Reeder
>
>Back when I was just starting out, we didn't have emoticon links - we
>had to type all emoticons in by hand. You kids don't know how easy you
>have it these days!

Don't know your age WOCOFrank, but, when some of us started out there was no such thing as 'links' OR emoticons. Best I cold get was an IBM Selectric II with no correction typeover feature. I would have called the state asylum if somebody had suggested to me that one day we would be able to type stuff into a screen like a little TV and people all across the country would immediately see it and type a message back and you could even tell when they were smiling!

Supplying Aspirin/Tylenol, etc

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