An employer providing OTC medication to employees is a gray area. It is not illegal, but it can be potentially risky for an employer.
What Does the Law Say?
There is no specific law prohibiting employers from providing over-the-counter medication to employees. However, any such action must be done in compliance with regulations, whether local, state, or, where applicable, federal. There are many risks and liabilities for an employer who provides OTC medication to their employees.
The U.S. Food and Drug Administration and the Occupational Safety and Health Administration, as well as state labor laws, have guidelines that employers are legally required to follow, if they are to provide OTC medication in their places of business. The guidelines are in place to protect both the employee and the employer from liability.
For example, even simple OTC drugs like aspirin, while potentially helping an employee with a headache to continue to work and maintain their productivity, can pose health risks or side effects to another employee who has a pre-existing medical condition or is taking some other medication that should not be combined with aspirin. In this way, even OTC medications can be fatal. Similarly, a number of medications can cause drowsiness as a common side effect, which can lead to anything from reduced productivity to a workplace accident.
The Society of Human Resource Management notes that it is possible for employees to entrust employees to be responsible for their own over-the-counter medications. This can take the form of encouraging employees to keep a small, minimum number and amount of OTC medications in a locked desk, a locker, or some other secure place, for times when they may need the medication. This option, says SHRM, removes any risk of liability or responsibility from the employer for providing OTC medications to its employees.
Medication in First Aid Kits
A slightly more complicated option is for employers to offer one or two basic over-the-counter medications in the first aid kits that are legally required to be available to their workers. If this decision is made (to include OTC medications in a first aid kit), the medications have to be offered in single-dose packages and properly labeled as regulated by the FDA with tamper-evident packaging. For employee safety, drugs that are known to induce drowsiness should not be offered.
If over-the-counter medications are going to be included in a first aid kit, management should provide information about possible side effects and risks associated with the medication. Employees should have easy access to this information.
Regulations & Guidelines
Employers should be aware that the regulations regarding the distribution of over-the-counter medications to employees can vary state by state. In California, for example, OTC medications cannot be included in first aid kits unless the medications are specifically and explicitly approved by an approved, licensed physician. Other states will have their own understanding and regulation of this provision.
Other guidelines around the provision (or lack thereof) of over-the-counter medication to employees state that employers should not be pressured or required to take medication by their management. Bosses should not administer the medications themselves; employees must be allowed to self-administer.
It is important to note that in the event an employee has an adverse reaction to an over-the-counter medication that has been made available to them by their employer, the business and its owners could be held legally liable. If you are uncertain about any part of the guidelines, consult an attorney to ensure you are legally in the clear.
Storage of OTC Medications in the Workplace
In order to protect the well-being of employees, and the best interests of employers, proper storage of over-the-counter medications is vital. Medications should be stored in a place and a container that is easily accessible (especially during an emergency), but controlled, in order to prevent off-label use or theft.
If an employer is going to provide over-the-counter medications to their employees, the medications should be stored in a clean, dry area—ideally one that is already designated for first aid and medical supplies. Examples of such a place and location could be a first aid cabinet in the break room.
If there are concerns about the misuse of employer-provided OTC medications, it might be appropriate to limit access to the medications. This could be accomplished by having a designated staff member manage the access to, and distribution of, on-site medications.
In the event that medications will be provided, they should be stored in a cool, dry environment to preserve their effectiveness and prevent any degradation that might affect employees’ health. Consult the medications’ manufacturer guidelines to see how they should be stored. Generally, avoid storing the medications in extremely hot or extremely cold places.
Regular (and frequent) monitoring of expiration dates is a critical part of providing medications to employees. Medications that have expired should be immediately removed and properly disposed of. Similarly, all medications kept on site should be clearly labeled, with instructions on usage and dosage.
Over-the-counter medications are very different from prescription medications, and they should never be stored together. Employers are legally forbidden from storing or providing prescription medications for their employees, except in very specific circumstances. Prescription drugs are regulated separately from OTC drugs. Improperly storing prescription medication, or providing prescription drugs without a prescription, can have serious health and legal consequences.
Consulting Professionals & Having an EAP
In order to reduce the risk of liability from providing over-the-counter medication to employers, management should consult legal and medical professionals to determine the specifics of making OTC medications available in their workplaces. Doing so will bring the provision of medications in line with appropriate legal guidelines, and this offers protections for employee rights and well-being.
Another option available to employers is to establish an Employee Assistance Program (EAP), where employees can receive confidential professional medical advice, including how to manage minor ailments, perhaps without the use of OTC medications. This action further reduces the risk of employer liability.
How Alsco Uniforms Can Help
Protecting your employees’ well-being and protecting your company’s liability are both important. At Alsco Uniforms, we understand the pressures faced by both management and staff as well as the necessity of controlling the access and distribution of potentially powerful medications. Our first aid cabinet services ensure that if your employees need access to over-the-counter medicines, they can get the relief they need, without putting your business at risk. Contact us today to learn how we can help your business.
References
Can We Provide Nonprescription Drugs In The Workplace? (2014). Vigilant.
Should a Company Provide Over the Counter Medications to Its Employees? Society of Human Resource Management.
What to Include in a First Aid Kit. (July 2024). American Red Cross.
The Best Place to Store Your Medication (Plus, 4 More Tips for Medication Storage). (March 2024). GoodRx.
A Dose Of Reality: How To Dispose Of Unwanted Medication. (April 2023). CVS Health.
How EAPs Can Better Serve The Modern Workforce. (August 2023). Forbes.