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Asking for list of medications..West Virginia

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  • Asking for list of medications..West Virginia

    Besides during the initial employment physical and during a investigation, does an employer have the right to ask for a list of what medications you take either daily or periodically??
    Seems to me this would be a HIPPA violation!
    I would appreciate any help on this.

  • #2
    If your being under certain medications can cause you or other harms (like working machinery) then yes its legal
    http://www.parentnook.com/forum/

    Comment


    • #3
      It is NOT a HIPAA violation. This Act does not apply to information provided directly by the employee to the employer.

      Why is the employer asking?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Employer has no reason. No investigation...no nothing. They just want this information for their records

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        • #5
          What is the job and its duties? Is there a pre employment drug screen?
          http://www.parentnook.com/forum/

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          • #6
            Emergency Medical Services
            Yes, all employees are pre-screened

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            • #7
              So what happens if the applicant/employee refuses?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Noone challenged it as of yet. Employer stated it was mandatory. This is something new they came up with along with a couple other things. This all happened after an employeehad a sexual harassment case and won.

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                • #9
                  It's possible they want this info in the event of an emergency. Depending upon what it is you do exactly, this may or may not make sense. No law outright forbids them from asking. There are restrictions on what can be done with that information.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    per a HR pamphlet- Can an employer ask about lawful drug use?

                    No. Most questions such as “What medications are you currently taking?” or “Have you ever taken AZT?” would elicit information about disability & you might find yourself in a lawsuit.

                    Actually, there is no law against it - it's just that you might not want to due to the reason above. However, I can see it being asked for a legitimate reason - such as panther noted re working around machinery for example. (certain occupations)
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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                    • #11
                      Thak you all for your responses.

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