Rx & OTC Medications

FTA Drug and Alcohol Regulation Updates
Issue 24, page 5

Employer Rx/OTC Policy Guidance

   All FTA employers are strongly encouraged to develop a policy statement addressing the use of prescription (Rx) and over-the-counter (OTC) medications. Even though the policy is not an FTA requirement, a policy statement is an essential part of a comprehensive program designed to educate transit employees on the potential safety risks associated with the use of Rx and OTC medications by employees who perform safety-sensitive duties. An effective Rx/OTC policy statement will include the following provisions:

  • Emphasis on safety--statement of risks associated with Rx/OTC use.
  • Statement of purpose: to balance the treatment of medical conditions with requirements of performing safety-sensitive job duties. Not intended to force employees in need of medical attention to work. Not intended to keep employees receiving medical treatment off duty who are able to work.
  • Requirements for obtaining medical input into an employee’s fitness-for-duty. The policy should address the use of Rx/OTC in relation to the underlying medical condition or illness in determining an employee’s ability to safely perform safety-sensitive duties.
  • Statement regarding the removal of employees from safety-sensitive duty who are impaired by Rx/OTC medications. Describe responsibility for employee initiated removal and management initiated removal.
  • An attendance policy that reflects Rx/OTC-use related absences. Be careful that your attendance policy does not inadvertently encourage employees from reporting for work or remaining on duty when impaired by illness or Rx/OTC use (i.e., no sick leave; Rx/OTC use ineligible for leave, etc.). Be sure to consider Rx/OTC use when establishing limitations on sick leave use.
  • Limitations on use of certain types of medication. Employers may choose to prohibit certain types of medications or medications with specific types of warnings or side effects. At a minimum, medications that cause drowsiness, fatigue or have warning labels that caution against the operation of machines, heavy equipment, or automobiles should be prohibited. Requirements for obtaining medical authorization to use certain medications.
  • Employer responsibility for final determination.
  • Definition of employees’ responsibilities.
  • Employee reporting requirements.
  • Consequences for policy violations including the use of Rx/OTC that contributes to cause or severity of an accident and failure to report use or obtain medical authorization, if required.
  • Statement of confidentiality in relation to records and interaction with medical practitioners.
  •    Employers should refrain from policies that are based solely on the employee’s perception of impairment. Employees are commonly unaware or unable to accurately ascertain their degree of impairment and may report for work or remain on duty when they pose a safety risk to themselves, other transit system employees and the general public. Thus, employers are discouraged from developing policies that rely solely on employee self-assessment and instead, are encouraged to develop policies that require a medical evaluation and input into an individual’s overall fitness for duty.

    Where to Find? .....

    Conforming Products List
    Evidential Breath Testing (EBT) Devices
    July 21, 2000
    Federal Register Vol.65
    Pages 45419 - 45423
    Primary Topic: Conforming Products List (CPL)
    Website location: www.nhtsa.gov/people/injury/ alcohol

    Note:
    This list will be updated periodically.

    Non-evidential Testing Devices
    May 4, 2001
    Federal Register Vol.66
    Pages 22639 - 22640
    Primary Topic: Initial Alcohol Screening Devices

    Note: This list will be updated periodically.

     

     

     

     

     

     

    The information presented on this page should be used to update Chapter 5 of the revised Implementation Guidelines.

    [Previous Page]  [Next Page]