Should a company provide over-the-counter medications to its employees?

Providing over-the-counter (OTC) medications to employees may expose an employer to liability or may even violate certain state laws, so caution is advised.

While an aspirin, for example, may allow an employee with a headache to continue working and maintain productivity, even over-the-counter medications have health risks and side effects that can be serious or even fatal. Also, some medications can cause drowsiness and result in a workplace accident.

Employers may suggest that employees take responsibility for their own OTC medications. This type of policy encourages employees to keep the one or two OTC medications they use at home in a locked desk or locker for times when they may need the medication. This option relieves the employer of any responsibility or liability for supplying medications, but it may not stop the sharing of medications among co-workers.

Another option (although many resources advise against this approach) is for employers to add one or two basic OTC medications to first-aid kits available to employees. If your company chooses to include OTC medications in a first-aid kit, it is imperative that you provide only single-dose packages that are properly labeled as regulated by the Food and Drug Administration, including a tamper-evident package. Do not offer any product that contains ingredients that are known to cause drowsiness. With proper labeling, employees are then able to self-select if available OTC medications are right for them.

When making a decision to include OTC medications in first aid kits, consult with legal counsel and check any relevant state laws. For example, California OSHA prohibits OTC medications from being included in first-aid kits unless specifically approved in writing by an employer-authorized, licensed physician.