The biggest challenge facing both the employers and the employees when it comes to the topic of drug use in the workplace with regard to prescribed medications is the fact that it’s almost impossible to prove impairment on the employees part. Some companies do have a policy that clearly outlines that if the prescription medication you are using contains a warning label advising against driving or operating any heavy machinery whilst under the influence of that particular prescription then you cannot use it in the workplace. But for companies that do not have this policy, or even some that do, they cannot deny that many doctors often insist that those warning labels are overly cautious on some medications and can be ignored as people using the medication can easily still function normally and without an impairment of any kind.

One of the main reasons why companies do not always include in their policies any specification about the types of prescription medications that they do or do not allow is because of their fear of violating the Americans with Disabilities Act which states that an employer may not ask any employee about their prescription medications or deny them employment based on their legally prescribed doctor mandated medications. They may only become aware of these things if the employee is actually observed to be using something in the workplace or displaying behaviors that can be assumed are the direct result of drug use. There are many legal issues that a company faces with regard to employment that can be directly related to an employee’s drug use that is carefully controlled and overseen by a doctor.