Unfortunately, the employer is entitled to know all medications taken by an employee, especially on in a position involving safety to the public. Thus, it is not a violation of privacy or HIPAA for them to ask for it . If you have not taken any it is not a large issue, but they can have a policy more restrictive than the DOT regulations. Smoking is not a qualified Disability, so you cannot claim discrimination under the Americans with Disabilities Act on this either I am afraid. You would need to comply here with their regulations if you want to continue to work with them.

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