Originally published in May/June 2016 issue of the OVMA Observer.

By Jack Advent, CAE
OVMA Executive Director

What should you do when you discover an employee of your clinic is diverting prescription medications? Theft by an employee is an unfortunate reality that impacts companies in all industries. When it involves drugs, though, there are obligations the practice owner must exercise besides those they chose to in accordance with their employment policy manual.

Ohio Administrative Code 4729-9-15 stipulates that a prescriber must do three things upon the discovery of a theft or significant loss of any prescription drug, whether the theft was internal or external in nature:

• Contact the Ohio Board of Pharmacy immediately by phone (614.466.4143). If it is after hours or on a weekend, leave a message and follow up during normal business hours.
• If the prescription drug is also a controlled substance, notify the DEA field office near you within one business day. For northern Ohio the office is in Cleveland at 216.522.3705; for central and southern Ohio the regional office is in Columbus at 614.469.2595. You must also file DEA Form 106.
• Contact local law enforcement authorities.

A drug theft is disconcerting on a number of fronts, particularly if committed by a trusted employee. In such circumstances, dismissal may appear to be punishment enough, but keep in mind that dangerous drugs have been diverted into your community. There is a legal and ethical obligation to notify authorities. Furthermore, if those drugs subsequently result in harm to other humans, you may have exposed yourself to other liabilities as well if you do not report the theft.

After a three-year phase-in, OSHA now requires companies to educate employees about changes to information regarding hazardous chemicals in the workplace. This rule modifies the federal hazard communication standard regarding material safety data sheets (MSDS) to match a global system with slightly different terminology and symbols.

Any manufacturer/supplier of substances that have hazardous characteristics must provide purchasers with new safety data sheets (previously MSDS) that use the symbols and format of the new standard.

As an employer, you are required to inform your employees of the changes so they are aware of the new universal symbols, how safety data sheets are now presented, etc., and have a written hazard communication plan on file that addresses who and how you will train employees. Essentially, employees need to know where the safety data sheets are located and organized, so they can respond accordingly in the event of a spill or other potential exposure.

When changes occur—either new employees are hired, or new hazardous substances are purchased—staff members must be apprised. OSHA has made available a small entity compliance guide that includes a template for a written safety plan, which you can download at right.