• Skip to main content

USA Mobile Drug Testing

  • Services
    • Drug Testing
    • Background Screening
    • Training and Support
    • Consumer Services
  • Customer Login
  • Blog
  • Drug Testing Locations
  • Contact

Doctor’s Orders—Prescription Medication in the Workplace

Home / Compliance / Doctor’s Orders—Prescription Medication in the Workplace

February 5, 2020 by David Bell

Last updated: January 30, 2023

When you consider the fact that on average 46% of Americans are taking one or more prescription drugs in a month’s time, it’s common knowledge that they’re in the workplace. Most employees taking prescription medication don’t suffer any ill effects from the drugs they’re physicians prescribe.

However, what about those that do?

Employees suffering from chronic pain or anxiety, for example, may have obtained a prescription for opioids or benzodiazepines, such as oxymorphone or Xanax. Both medications fall into the controlled substances category and have well-known side effects. They can cause the user to become drowsy and that might cause an accident.

It’s a fine line

Employees and job applicants have the right to keep their medical records private. That includes information regarding prescription medication. In order to remain in compliance with regulations put in place by the U.S. Equal Employment Opportunity Commission (EEOC), in most cases, an employer can’t ask about prescription drug use.

It’s included in the Americans with Disabilities Act but pertains to all employees.

Knowing when to cross it

The EEOC left carve-outs in place allowing employers to make exceptions to the rule of employee privacy and prescription drugs. Moreover, the DOT (Department of Transportation) requires employers of the safety-sensitive workforce to drug test employees and applicants.

When regulated by the DOT, anyone testing positive for drug use is notified by the MRO (Medical Review Officer). Part of the process involves allowing the employee or prospective employee to provide a valid reason for the positive result.

The required supporting evidence requires both a valid prescription and a written response from the doctor who prescribed the drug. If the physician expresses that they believe the employee can function properly under the influence of the drug, the MRO takes the information into consideration before making a final decision.

Employers who don’t operate under DOT authority are more likely to be prohibited from asking questions related to employee drug use. However, positions that can be directly related to safety concerns, operating a forklift or other equipment, for example, can apply.

Some companies require disclosing whether or not employees or job applicants of certain positions take prescription medication for a controlled substance. They include it in their written policies and procedures. It’s also wise to have the policies reviewed by legal counsel. Ascertaining that you remain in compliance is your best defense against the possibility of a future lawsuit.

On a case by case basis

As a rule, asking the prescription drug question is off-limits. If asking the question directly relates to the employee’s position or job performance from a safety standpoint, employers retain the right to ask it.

Safety issues are the main reason that employers implement drug-free workplace programs. Workplace accidents occur less frequently. Attendance and productivity improve as well.

Prescriptions for opioids and other drugs with dangerous side effects raise a serious safety concern for employers—even if they’ve been prescribed by a physician. Obtaining the information necessary to determine that your workplace is free of these and other dangerous drugs is your responsibility as an employer.

Your employees depend on you to provide a safe work environment for everyone.

Filed Under: Compliance

Ready to learn more or schedule a drug test?

Service area:

USA
Canada

Find a drug testing location

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

About David Bell

After seeing the damage caused by drug use first-hand, David sold his previous company and worked his way up through the ranks in the drug testing industry to help employers keep drugs and alcohol out of the workplace.

© USA Mobile Drug Testing

800-851-2021

11016 N Dale Mabry Hwy #204
Tampa, FL 33618


  • Headquarters Website
  • Franchise Information
  • Become an Affiiliate

Drug Testing Methods

  • Urine Drug Test
  • Mouth Swab Drug Test
  • Hair Drug Test
  • Blood Drug Test

Drug Testing Panels

  • 5 Panel Drug Test
  • 9 Panel Drug Test
  • 10 Panel Drug Test
  • 12 Panel Drug Test

Drug Testing Conditions

  • Pre-Employment Drug Testing
  • Random Drug Testing
  • DOT Drug Testing
  • Reasonable Suspicion Drug Testing
  • Post-Accident Drug Testing
  • Probation Drug Testing

Web design by Spartan Media

Do you need a drug test conducted at a certain date and time? Call us at and we will dispatch a mobile collection specialist to administer your drug tests at any location, 24 hours a day, 7 days a week.

x

Are you looking for more information about drug testing, a drug free workplace program, or compliance? Call us at and we'll be happy to answer any questions you may have and tailor a program to your specific needs.

x