Can my employer ask how many pills I have of a certain medication?

I hold a CDL. My employer made me sign an agreement to disclose whenever I take a narcotic painkiller and requires a 24 hour off work period when I do. Now, they have asked me

exactly how many of these pills I have. Can they do that? And what restrictions can they legally place on me beyond the requirement to disclose?

Asked on June 24, 2016 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer may ask you about medication in your possession or which you use which poses a risk of damage to their property, injury to other persons, or liability (being sued) on them--and narcotics in the possession of someone with a CDL would certainly be medication possing those risks. The employer is not required to let you work or drive if doing so puts them or others at risk; if there is reason to believe that you have pills in your possession which, if taken, could contribute or lead to an accident, they can inquire about them and could suspend or even terminate you if you won't answer or if, in their judgment, your behavior does put them at risk.

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