Human Resource Blog

Drug Free Policy in Missouri

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One of our best employees has an infection and has begun taking drugs at work.  We are a Missouri drug-free workplace.  Is there any way to avoid firing her?

Missouri’s law does not mean that employers must fire every employee who takes a pill while at work.  The essentials of being a drug-free workplace means that employers do not allow the abuse of legal drugs, or the use of illegal drugs in the workplace.

One way to approach this situation is to think about it like this: would it be rational for an employer to fire an employee from taking his or her blood pressure medication?  As an employer, would it be right to fire an employee for taking an aspirin for a headache?

What about diabetic employees?  Should an employer prohibit those employees from using their insulin at work?

Of course, the answer to these questions is no.  All of the above examples would be valid medical reasons for taking medication, and would be perfectly acceptable at work.

Were any of these employees to be fired, most of them would have a legitimate reason for suing their employer under the Americans with Disabilities Act.

A really good anti-drug policy in the workplace should be fair, and should be easily understood by employees and supervisors.  It should also be enforced uniformly. 

The major reason for establishing a drug-free workplace is to eliminate the use of illegal drugs, such as heroin, cocaine, or marijuana.  A second good reason is to eliminate the abuse of prescription drugs, such as amphetamines and Oxycontin.

To be fair, an employer might want to ask the employee in question to bring in a note from her doctor stating that she has a medical condition that requires her to take medication.  The employer does not need to know what that medical condition is, or what medical condition the employee is taking medication for.

Should employers learn about an employee’s medical condition, those facts would be covered under HIPAA.  This means that the employer could not share the information with anyone else. JH