The prevalence of the so-called drug-free workplace in America is in juxtaposition with the ever-growing use of prescription drugs by employees. The result is that many of us work in drug-free workplaces, but we are not a drug-free workforce.

Yet, this seeming contradiction is in action every day, as employees appropriately utilize their prescriptions and perform their job duties without incident. When a conflict arises regarding an employee’s use of prescription drugs, employers and employees often struggle with an assortment of issues, the outcome of which is often based on the specific facts of that situation. For example, have performance issues caused the employer to question the employee’s drug use? If so, was the employee using a prescription drug appropriately? Can drug test results even tell you whether a person is under the influence for purposes of that medication, such that the employee’s work might be impacted? Was the issue of prescription drug use revealed in a random drug test? Does the employee’s job require him or her to perform duties that make prescription drug use a safety concern?