Pain meds and working

[Pharmacist.steve]

An employer cannot ask any personal questions during the interview process.. after the job is offered/hired.. then the ADA (Americans with Disability Act) and HIPAA comes into play.

I would hate to be an employer that told an employee that they could not take ANY PRESCRIBED MEDICATIONS or OTC drugs... unless it interfered with job/productivity/safety. Proving that can be a very slippery slope for the employer.

Unless the employer limits its hiring to exclude diabetics - low/high blood sugar can affect job performance .. and/or epileptic - don't want employees having seizures in the work place... or people who are depressed.. cause they often can't focus as well or not as productive. How about people with allergies.. who take antihistamines - causes drowiness and can affect job performance.

Drug tests are to determine if a person is taking ILLEGAL drugs or take legal drugs without a physician order.

I would have to do some research...but.. I would think that a lab could not "fail" someone on a drug test... if they could produce a legal prescription for the opiate that was found their urine/blood.... and to report back to the employer that they failed under such circumstances would be -IMO - a false report.... and subject the lab to liable/slander claims...

[Maria]

Sure it's understood that one can take meds that are prescribed as long as they can perform the duties of the position applying for however again if there is competition and the comp has equal attributes re work exp. education and all the rest then it's will the employer steer clear of the person on med and hire equally qualified non prescription using person or ??

Guess much would really depend on how you click during the interview altho that may not clinch the job per se it could definately bode in one's favor.

I wanted to edit to add that it's been a long time since I filled out an application for employment. The best jobs I've landed with the least amount of questions asked or maybe overlooked even where ones where I was a direct referral from someone I knew that worked in the company. Maybe you can get some really good recommendations from your instructors and if you have any friends in the industry their recommendations/referrals are probably helpful as well.

Just have to do what you have to do when all is said and done and hope for the best. Wishing you the best with this!

[dshobbies]

In a perfect world...

As a past employer, we had experiences with employees who had various medical problems/disabilities as well as both past and present addictions. We also hired some with previous criminal records believing most deserved a second chance.

Having gone through what we did, we changed our ways, preferring not to hire those with problems - medical, emotional or personal. This did not include diabetics or others with 'controlled' diseases'. Such did not and more than likely, would not interfere with their job or our business. However, two previous drug addicts relapsed and stole from us. Another, who had too much weekend -itis never showed up to work for a week. We were unable to contact her and replaced her only to have her show up the following week, surprised that her job was gone. Unemployment agreed she was eligible for benefits...

A depressed person took off - just left eveything and us high and dry. Her father claimed she was off her meds. The previous day's bank deposit was missing.

Absenteeism costs employers money as does replacing employees. Training, employment taxes, benefits, etc. add up with each new person. We always tried to stay within the legalities of employment laws BUT also tried to stay clear of potential problems. All things being equal, we'd choose someone who had the least amount of problems.

Larger corporations are less likely to ask incriminating questions but are more likely to order drug testing. If a lie was told during the interview process, such as - do you take any prescription drugs...- and is later discovered, the consequences might be severe. If the truth is told, I would not want to hire someone with so much daily pain that constant meds were required. I would definitely not want to hire someone with severe back problems.

The truth is we do not live in a perfect world. I think Aaron is in a difficult situation - the law notwithstanding. No employer could insist their employees not take prescription or otc drugs but might be less inclined to hire someone dependent on them.

Again, let me state that I'm not talking about high blood pressure, diabetes, thyroid problems... etc. But someone who needed medication to controll chronic back pain would not be on my hire list - legal or not.

BTW, because of constant problems, when we sold our business in favor of another one, one condition was absolutely NO EMPLOYEES. Having said that, as an employee, I disagree with everything I just said.

[Maria]

Dale,
I take it that's you? As owner and employee I guess you can be trusted!

[Hooch]

The truth is you just lie through your goddamned teeth and say whatever you have to say to get the job, as it is a damned sight better than being broke and on the street.

I would never admit in an interview to having a bad back or depression. The truth is we all have skeletons in our closets.

If I was in your position I would consider consulting a lawyer familiar with the field to find out exactly what the legal ramifications and obligations are, so you can bend the rules of the game in your favour as much as possible.

Good luck, I really hope you are able to manage the pain successfully.

[mmglobal]

Aaron, I'm going to ignore your question and bring up something different. I have successfully identified my t-spine generator and in a few weeks will have costovertebral nerve ablations. Keep looking here for my updates... should be some time after Feb 6th.

I don't know if our problems are similar... but maybe my experience will be of some benefit for you?

Mark

[Maria]

Aaron,
there's Hooch's approach which I won't say is wrong however it can have consequences re loss of benefits/job if you're found out. One of my friends had an old back injury and he didn't report it to the company he was working for and then had to take some time off for back probs. They did check into his history and they did terminate his employment. Fortunately he found a new employer in a relatively short period of time and has good benefits. He still has to take time off re back/neck tho at least it's not questioned/problematic to date.

What my first WC attorney told me when I had a back injury and had been out of work for a year re not admitting to the injury was "doubtful the employer can have you put in jail for lying about your back."

Well again we do what we have to do whatever that might be. I hope Mark has success w/his treatment and perhaps it might be something that would be helpful for you and/or others with certain t spine stuff going on. good luck!