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Drug Free Work Place and Prescription Drugs in Georgia

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Our Georgia delivery company has a drug-free work zone and a zero tolerance policy. However, one of our drivers recently had back surgery and is back at work, but needs to take pain medication. The medication makes him drowsy, so we’re concerned about how to handle the situation from a legal perspective. Please help!

Sure. Every company is completely right in expecting that they should be allowed to have a drug-free workplace policy. You are perfectly able to create such a policy that you should expect your employees to adhere to. Not adhering to such a policy can result in termination. However, there is some grey area here because you are not legally to inquire as to what drugs your employees are taking, even though you are allowed to conduct random drug tests to ensure that they are not taking any medications or illegal drugs.

The Americans with Disabilities Act (ADA) states clearly that if you are inquiring after drugs that an employee is taking, you must be able to prove that you are looking into the substance use because it could directly affect the job that the employee is tasked with. So, in your situation, you are protected by the ADA because your driver is taking medication that could cause him to get into an accident that could not only hurt or kill someone, but that could also have legal ramifications for the company. As such, your employee’s behavior is causing a safety hazard.

In order to be sure that any prescription drug inquiries you make stay legal, follow these very simple guidelines:

Never ask for blanket information about drugs that your employees are taking.

Make sure that if you are inquiring about drugs that your employees are taking, they have documented evidence showing that they need to drugs and providing support for why. Often, this is a note from a doctor.

Ensure confidentiality when dealing with your employees. If your employees are sure that you will not let anyone else know about the drugs, then they are more likely to be completely honest and willing.

Also, make sure that your actions fall within the Georgia privacy laws, which do differ for each state, but basically state in one way or another that you will not share the information with any other employee.