Recently, one of our subscribers asked the following question:
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If we keep over-the-counter medication on site for when employees are not feeling well (Pepto Bismol, sinus medication, aspirin, etc.), or to treat musculoskeletal injuries (ibuprofen), does a licensed medical provider need to dispense it, or is an individual trained in first and CPR asking if the employee has high blood pressure and any allergies sufficient? The medications are nothing that would not be available over-the-counter at a store.
This was our answer:
Distributing nonprescription, over-the-counter medications to employees can create liability risks for an employer because even nonprescription medicines can cause harmful side effects. There are also risks with improper dosages and drug interactions.
In its requirements for workplace first aid kits, OSHA refers to the standards of the American National Standards Institute (ANSI). ANSI recommends that any analgesic included in a first aid kit “shall be packaged in a single dose, tamper-evident package with full labeling as required by FDA regulations, and should contain no ingredients which are known to cause drowsiness” (ANSI Z308.1-2003). In addition, employees should be allowed to make their selection of medicine on their own, to avoid any allegations that an employer diagnosed, treated, or recommended medical treatment.