ABSTRACT
Medicines, those drugs properly prescribed by a physician and those substances legally bought over the counter (OTC) from a pharmacy, are treated differently by the courts from illegal drugs, when health and safety in the workplace issues are involved. The use, possession or trading in illicit drugs invokes prosecution of the individual for a criminal offence and a liability on behalf of the owner of the premises involved. However, such a separation of liability in law is not reflected in differences in the health and safety issues resulting from the use of illicit and licit drugs, as the impairment of performance and cognitive function are broadly similar for both legal and illegal drugs.
