A&R Team Digest - Medication in the Workplace
Medication in the workplace can present several challenges for both employers and employees.
There are a range of issues that relate to using medication and the workplace, but the major concerns relate to safety-critical roles, legal compliance, and health-related performance. Whilst not an exhaustive list, some of the common concerns that are encountered include:
Side Effects: Even legal medications can cause impairment e.g. drowsiness, dizziness, or slowed reaction times, and it is quite concerning the amount of time that a substance can remain in the body: a simple over the counter (OTC) antihistamine can cause drowsiness for up to 12 hours.
Opioids and Painkillers: May lead to confusion, sedation, and impaired coordination.
Antidepressants/Anti-anxiety: Potential for fatigue, blurred vision, and difficulty concentrating.
Safety-Critical Risks: For roles involving driving, social or health care, impairment significantly increases the risk of accidents and errors.
Medication errors in the workplace can result in issues that often arise from system failures like:
Workload and Fatigue: Overworked staff are more prone to dosing or calculation errors.
Communication Failures: Inadequate handovers and/or recording of information.
Role of Employers
Employers have a "duty of care" under the Health and Safety at Work Act to ensure a safe environment. There should be policies in place that clearly define rules for prescription disclosure and drug testing while respecting privacy.
Under the Equality Act 2010, employers may need to make reasonable adjustments for employees taking medication for a disability, such as:
Flexible working hours to help manage fatigue or the timing of doses.
Relocation: Temporarily moving staff from safety-critical duties to lower-risk tasks.
Occupational Health Assessments: Engaging Occupational Health services help determine if an employee is fit for their specific role while on medication.
It is also essential for employers to maintain medical privacy as required by the General Data Protection Regulation.
Role of Employees
Employees also have a role to play in respect of medication use in the workplace
They should inform their employer if their medication may compromise safety, particularly regarding driving and other critical risk safety tasks.
Workers should also ask their GP or pharmacist about the effects and potential side effects specifically related to their job role.
A well-defined drug policy helps establish expectations and ensure compliance. Any policy should present a clear distinction between legal and illegal substances and provide guidelines for reporting medication use that may affect performance. It should also clearly outline the organisation’s procedures for drug testing and consequences for violations. Employers should consider offering information on support available for employees who may be struggling with substance use or abuse and potential addiction concerns. This could quite easily be incorporated into the induction phase of employment.
Regular training sessions can raise awareness about the effects of legal and illegal drugs on workplace safety and productivity. Employees should understand how their medication choices might affect their ability to perform job duties effectively and be made aware of possible alternatives. This allows employees to be confident that any declared medication will not jeopardise safety of themselves or others.
Creating a culture where employees feel comfortable discussing their medical needs without fear of stigma or retaliation can help address concerns before they become issues. Employers should encourage employees to inform the HR department or their manager if a prescribed medication affects their job performance and ensure training is in place to help management offer appropriate support.
Substance Use
Providing employee assistance programmes (EAPs) EAPs can offer confidential counselling and support for employees dealing with substance use disorders, as well as other issues. Programmes like these can help employees access treatment while maintaining job security.
For organisations with potential high safety risk tasks eg driving or critical assessments, drug testing may be necessary or even compulsory, but testing should be legally compliant and balanced to avoid discrimination.
Did you know, perhaps alarmingly, cannabis can remain detectable in the body for up to 90 days depending on strength and use! It would be unlikely to have any effect after such a long duration, but it could be problematic if randomised testing was used and it was detected- you could be taken down a disciplinary procedure.
Employees with a drug or alcohol problem should be encouraged to ask for help at work if they are sure their problems will be dealt with discreetly and confidentially; employers can facilitate an environment where this can be achieved.
Drug and alcohol dependence are recognised medical problems. Someone who is misusing drugs or alcohol has the same rights to confidentiality and support as they would if they had any other medical or psychological condition.
Employers should encourage staff to get help from their GP or a specialist drug or alcohol agency and refer them to the organisation’s occupational health service (if there is one). They could also consider allowing someone time off to get expert help. Often the cost of recruiting and training a new employee may be more than the cost of time off.
Employers need to give serious thought about whether drug and alcohol misuse in the workplace is treated as a disciplinary matter or a health concern. If someone is dismissed because of drug or alcohol misuse without trying to help them, an employment tribunal may find that they have been dismissed unfairly.
Final Considerations
Managing the use of both legal and illegal drugs in the workplace is crucial for maintaining a safe, efficient and ethical environment. As mentioned above, employers should have clear policies that foster a supportive culture and training provided to educate employees on potential risks; this will encourage responsible medication use. By taking proactive steps, organisations can protect both employee wellbeing and overall business performance.
When employers have assessed the risk and have a policy on drug or alcohol misuse (or abuse) in the workplace, employees should know about the policy and the support they can access.
Employers also have a role in briefing managers and supervisors so they are clear about how to recognise the signs of drug or alcohol misuse, and are versed in the organisation's rules on drug and alcohol misuse and what to do if they suspect an employee is misusing drugs or alcohol; also what to do when an employee tells them about a drug or alcohol problem If the normal work is safety-critical an employee may need to temporarily move to another job.
If employers don’t have access to occupational health services, they can still support employees' health and wellbeing. They can make sure there is information at work about where employees can go for advice and help if they're concerned about drug or alcohol misuse, and there is a wealth of information and advice out there where they can signpost employees.
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BASW Members with questions or concerns about anything raised in this article can speak confidentially to a member of our Advice and Representation team here.
