Globally, there is a rising trend in the misuse of prescription drugs, including those used for treating attention deficit hyperactivity disorder (ADHD), such as Ritalin and Adderall. While previous research largely centered around the misuse of ADHD drugs in tertiary education, there is a growing body of research that shows more people are interested in improving their cognitive functioning to gain a competitive edge in the workplace. In turn, there is a rise in the prevalence of smart drugs in the workplace.
What Are Smart Drugs?
People with ADHD have lower levels of dopamine in the reward center of the brain. Dopamine levels play a pivotal role in memory, movement, motivation, mood and attention. ADHD drugs stimulate the production of dopamine—and other neurotransmitters—and/or boost its availability through inhibiting its uptake in the brain. For individuals with ADHD, taking these drugs can bring their cognitive functions to normal levels.
However, when used by those who do not suffer from ADHD, studies have shown that these individuals are likely to, in certain circumstances, experience a rise in cognitive functioning. In the context of the workplace, those who “dope” with ADHD drugs are likely to demonstrate higher than normal cognitive abilities, which enables them to work longer hours, concentrate for extended periods and perform certain tasks at an improved standard. This is why these drugs have been dubbed as “smart drugs” when misused.
What Is the Impact of Smart Drugs on the Workplace?
While the idea of having supercharged workers might be appealing to employers in the always-on, competitive work environments of today, it is important to emphasize the downside of permitting or turning a blind eye to such doping practices in the workplace.
These drugs, classified in the same category as methamphetamine, are associated with a number of fairly serious side effects. As with many prescription drugs in this class, if the dosage is not consistent or properly managed it can lead to addiction and withdrawal, the symptoms of which may manifest in a mental and/or physical crash. In addition, users may also be taking the drugs to mask other serious issues such as burnout, chronic fatigue and other conditions.
Although permitting or condoning the misuse of smart drugs in the workplace carries many risks and ramifications, the most pertinent of these are those related to health and safety. In extreme examples, a withdrawal-induced crash could impact the health and safety of not only the using employee, but also those around them where, for example, the employee operates dangerous machinery or is responsible for the well-being of others.
In the South African context, employers have an obligation in terms of the Occupational Health and Safety Act, 1993 to create a healthy and safe working environment for employees as far as reasonably practicable. This involves conducting a risk assessment and implementing risk mitigation measures for any risks identified.
However, navigating and regulating the use—and misuse—of prescription drugs, particularly those used for treating ADHD, is no easy feat. To conduct a risk assessment, the employer would need to require all those using ADHD drugs to disclose their use. This presents challenges from a data privacy and unfair discrimination perspective because this information would qualify as sensitive personal information in most jurisdictions with data privacy laws.
There is also no easy way of determining whether the drugs are physiologically required or not. This means that, in the absence of proof that employees secured the drugs through dishonest or illegal means, the employer will have no real way of testing whether the drugs are being misused. Accordingly, tackling the misuse of ADHD drugs in the workplace would require a multi-pronged approach, which may tie into other measures the employer implements to prevent burnout and similar issues.
Conclusion
To mitigate the negative consequences of smart drugs in the workplace, employers must be mindful of the hours their employees are working and the rest periods they are observing. Employers should also actively ensure that employees are aware of the dangers of misusing prescription drugs and the negative consequences that the unregulated use of, or dependency on them, could have on their short- and long-term health and the safety of others around them.
Further, employers should create a culture where employees are encouraged to speak out about any pressures they may feel to take smart drugs, either as a consequence of their work conditions or their co-workers’ misuse of them. They should also be encouraged to flag with the employer any knowledge they may have of employees procuring these drugs through nefarious means, including where there is informal dealing of the drugs in the workplace.
Having said this, when implementing any of these measures, employers must be acutely aware of the need to be sensitive to those employees who use ADHD drugs for valid reasons and be careful not to, in their efforts to outlaw the misuse of these drugs, create an environment that ostracizes those who truly have ADHD and are proactively managing the condition.
Lauren Salt is an executive in the employment law department at ENSafrica in Johannesburg. © 2023 ENSafrica. All rights reserved. Reposted with permission of Lexology.
