Can Companies Require an Annual Physical, Alcohol Test and/or Prescription Drug List? |

Can you require an annual physical? An alcohol test? A prescription list?

Generally, NO, NO, and NO! All employers should be aware of the EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations which has very strict guidelines for these items. Rules concerning disability-related inquiries and medical exams are different between applicants and employees.

General recommendations for employers:

Prior to an offer of employment. An employer may not ask any disability-related questions or require any medical examinations, even if they are related to the job.
After an applicant is given a conditional job offer, but before s/he starts work. An employer may ask disability-related questions and conduct medical examinations, regardless of whether they are job related. The only caveat to this, the employer must do the same for all entering employees in the same job category.
After employment begins. An employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity.

F.A.Q.

Q. May employers require employees to have periodic medical examinations?

A. No! There are very few exceptions to this for employees who work in positions affecting public safety, such as police officers, firefighters, or airline pilots. All the examinations must address specific job-related concerns.

Q. May employers subject employees to periodic alcohol testing?

A. No! An employer may maintain and enforce rules prohibiting employees from being under the influence of alcohol in the workplace and may conduct alcohol testing for this purpose if they have a reasonable belief that an employee has been drinking during work hours.

Q. May employers require an employee’s prescription drug list?

A. No! The Americans with Disability Act Amended (ADAAA) protects the privacy of medical information of applicants and employees, disabled or not. There are a very few exceptions to this which are occupations regulated by federal law such as pilots and truck drivers.