Forklift Operators Taking Rx Drugs
Let's hear it,folks!
If a forklift operator is prescribed a narcotic for a non-work-related injury or illness, how would you discover the worker is taking the narcotic, then how do you ensure it doesn't cause impairment, and, therefore, an increased risk in the workplace while operating the forklift in the workplace?
See the excerpt below from an OSHA standard interpretation regarding this matter, then let us know how you'd handle it in your facility!
"Question: What is OSHA's current policy regarding powered industrial truck operators taking prescribed narcotics?
Reply: OSHA does not have a specific policy on powered industrial truck operators using prescribed drugs. However, under the Occupational Safety and Health Act an employer must exercise reasonable diligence to prevent violations of standards such as 29 CFR 1910.178(n), 1910.178(o), and 1910.178(p). Whether a prescription drug will adversely affect an employee's ability to safely operate an industrial truck will depend on a number of factors, including the nature of the drug and the employee's reaction to it, and the circumstances of the work. If an operator's ability to operate a truck in a safe manner is impaired as a result of using medications, or for any other reason, an employer who is or should be aware of the impairment must take appropriate steps, which could include not allowing the employee to operate a truck during the period of actual impairment."
Link to OSHA standard interpretation:
https://www.osha.gov/laws-regs/standardinterpretations/2006-02-21
Comments (7)
I am on vacation in Utah so don’t have time to write or research this. But in my opinion it is the employer’s responsibility to always determine the capabilities of all its PIT operators at all times! If there is any doubt to an operator’s capability to safely operate a PIT they must be removed from the job.
Frankly, it does not matter what OSHA says or doesn’t say! It is our job to do what we can to keep all our employees safe!
Fit for duty, employers are responsible to determine if their employees are fit for duty. It’s a challenge, especially with off the job injuries and related prescriptions and HIPA
Follow your company's drug free workplace policy. Remember, not every safety concern has an OSHA answer.
The real question: "is an employee legally required to disclose medical information including prescription drug information specifically "prescription grade" drugs? Thus, how would a company conduct frequent screening/testing/training to identify if prescription drugs are an issue?
Definitely a challenging situation. You want workers to disclose anything that would impair them, but is the worksite trustworthy enough that workers feel safe to disclose something like this? I think I would talk to the employee, and tell them that if they feel any type of impairment, they need to report it immediately, and we can figure out another task that is less hazardous for them and the worksite.
This is a tough one, and it boils down to psychological safety and just culture. I've worked for different organizations that handled it differently. I can think of two times when employees self-disclosed narcotic use (aside from acute injuries and that kind of thing).
One employee suffered from chronic kidney stones. When they were bad, their physician would prescribe tramadol. The employee sought advice from their union on how to handle the situation and the discussion was brought to labor relations. The employee was very clear that even with the tramadol there's no way he'd be able to work while passing a stone, so the concern wasn't about working under the influence, it was more about failing a drug test after the fact. They were thanked for being proactive and that was kind of it. To the best of my knowledge they never failed a test if they were even tested.
Similarly, an employee at another organization had back pain that made sleeping difficult. They found that tylenol with codeine would let them sleep and wake up well rested. Again, they felt that by morning they were safe to work, but were worried about failing a drug test. This was a large gentleman whose backpain likely had several causes, but the company acknowledged that part of it might be his 20 years of working with the company. The company told the employee that if they ever have a day where they do not feel fit for duty but still want to come in, let them know and they'll figure something out.
I feel like these are both great ways to handle it, but it relies on employees feeling safe enough to disclose. I can only guess how many did not disclose and I can think of a few companies I've worked for or with who might've had different answers that would lead people to not disclose.
Check state regs on testing. Effective Jan. 1, 2024, California law will restrict employers from using traditional drug tests to test for cannabis use. I'd expect others to follow suite.
'Impairment' is a hot topic and its not just Rx or THE DRUGS. We can implement an impairment program that is baked into the employer's handbook. A way to do a cover all for all employees. Supplemented in programs that the severity of loss is high.
There are some new proactive controls coming to market that are showing a lot of promise. Tenvos is a tool that detects impairment in users via voice. Pretty cool, complies with regs and covers a larger spectrum of impairment, and is a non-bias control that you can scale without multiplying yourself.
Love to chat more with anyone about solutions! Hit me up!