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If I knowingly hire a person to work for me and they are taking a prescribed drug that may effect their safety?
and possibly others, can I be held liable if they or someone else gets hurt? Will my business insurance cover any damages this person might cause?
drug testing requires employees to list their prescribed drugs. If this person is qualified to do the job,does the law allow me to refuse hiring based on the medication this person takes or am I discriminating in anyway?
8 Answers
- Hypnose LancomeLv 41 decade agoFavorite Answer
Its a great big YES.
You could get a hefty suit, and you insurance might refuse to cover the loss due to you knowing that there was a dangerous situation.
There is a reason most companies take safety very seriously. Your workman's comp premiums would be raised, your insurance will be raised, and you could be held criminally responsible as well.
- 1 decade ago
Of course you're liable - why wouldn't you be? You knowingly hired someone who could become impaired by a prescription drug they're taking - WHICH PART OF THIS DO YOU NOT GET?
Your business coverage policy needs to be looked over very carefully to find out whether or not you'd be covered ... but my best guess is not a chance.
If you were unaware of them taking the prescription, then you'd be in the clear, but not when you know.
- Mr WarriorLv 71 decade ago
Yes you would be liable.
In fact, all machinery, operating by any person. Comes with manufacturers specifications that it is not to be operated by people under prescription medication. As part of occupational health and safety guidelines.
In terms of liability. You need to excercixe due care. Due care is recognisable by the fact, if you know someone is under prescription medication and you fail to manage their work in terms of operational protocol. Then NO due care is shown, thus the employer is liable.
Due care means stopping the person from operating anything which might harm themselves or others.
You can even go to jail for it as an employer. If it is made aware you knew about it, did nothing to prevent it.
- Anonymous1 decade ago
Yes you can be liable.
A drug addled employee can not take responsibility for accidents. the business owner, if he accepts the drug using employee, must accept the liability for harm to customers or employees, even himself.
Your insurance company most likely also has a prohibition of you allowing him to work as well. Check that fine print.
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- car05161967Lv 71 decade ago
That would almost be a he said/she said, type of thing. It would be the employee's responsibility, to make sure they were not allowing that to happen. But you aren't responsible for their medication. If you hire them, they may need to find a medication that doesn't cause them to be lethargic or, you and the employee may need to somehow creatively working around the lethargy.
- ?Lv 45 years ago
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- Anonymous1 decade ago
yes
Source(s): I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander. During my time as a tactical officer and a detective I was a unit representative for the police union. I have a B.A in English and an M.S. in Law Enforcement Administration..