Are employees required to inform their employers about prescription medication? What if they are unable to carry out their normal duties due to the effects of a prescription drug they are taking?

 

Employees and prescription medications 

There is no clear-cut answer to the question of whether or not an employee should declare prescription medications. This is because some prescription drugs may have zero effect on a worker’s conduct, performance, or safety at work (such as the contraceptive pill), while others may impair an employee’s abilities (such as strong painkillers).

A company policy should inform employees they are obliged to take care to avoid risks to themselves or others by working when under the influence of prescription drugs if there is any danger the drugs may create an increased risk of injury.

Employees should be put on notice of an employer’s procedure in seeking the view of relevant medical practitioners in such a situation, in order to assess an employee’s fitness to work.

From a legislative standpoint, employees have an obligation to ‘take reasonable care’ for the health and safety of themselves and other people at work – for example, see the Safe Work NSW worker obligations.

Arguably, this obligation could include workers being forthcoming and honest with their employer about any medications they are taking that may affect their performance. 

However, employers should be aware that forcing employees to declare their medications may be considered discriminatory and could breach a worker’s right to privacy.