Workforce Management

How to Establish a Drug-Free Safety Program with the Ohio BWC

Ella Baker
How to Establish a Drug-Free Safety Program with the Ohio BWC
Reading time 8 Mins
Published on May 11
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Safe money and protect your employees with the Drug-Free Safety Program

The Ohio Bureau of Workers’ Compensation’s Drug-Free Safety Program (DFSP) offers a premium rebate to eligible employers for implementing strategies to address the misuse of alcohol and other drugs in the workplace. Designed to prevent on-the-job injuries and illnesses, the DFSP helps employers integrate drug-free workplace efforts into their safety strategy. The program can also assure long-term safety and cost-saving benefits.

The Drug-Free Safety Program

The DFSP focuses on the safety processes intended to help employers better manage their risk and prevent workplace accidents and injuries. The program offers employers the opportunity to keep their employees safer and to reduce the incidents of accidents resulting from substance abuse.

In addition to increased safety, the DFSP also offers employers participating at the Basic Level potential eligibility to receive a 4% premium rebate if program requirements are satisfied. Employers participating at the Advanced Level are eligible to receive a 7% premium rebate if program requirements are satisfied. Companies participating in the DFSP may participate in other discount or rebate programs offered through the BWC, though only certain programs may be combined for compound discounts.

Eligibility Requirements

Only state-fund employers, including private employers and public employer taxing districts, may receive the rebates offered through participation in DFSP. State agencies are not eligible for participation. To participate in the program applicants must:

  • Be current in their BWC premiums at the time of application review and throughout the policy year.
  • Not have cumulative lapses in workers’ compensation coverage in excess of 40 days within the 12 months preceding the employer’s application to enroll in the DFSP.
  • Be in good standing at the time of application review.
  • Continue to meet all eligibility requirements during participation in the program, when applying for renewal, and during each subsequent year of participation in the program.

While state agencies and self-insuring employers are not eligible for program rebates, these employers may receive technical assistance to help them establish a drug-free workplace. Additionally, participation in the DFSP allows self-insuring construction employers the ability to apply to be included in the state construction contractor database, although they are not eligible for premium rebates.

Deadlines and Timelines

As with all other BWC programs, there are key and important deadlines for participating in the DFSP.

Application Deadline – Last business day of May for private employers. Last business day of November for public employers.

Accident Analysis Training – Employers must provide this training for all supervisors within 30 days of the start of the initial program year. All new supervisors must complete this course within 60 days of becoming a supervisor.

Online Accident Report (DFSP-1) – Employer must submit Accident Report online for all allowed BWC claims within 30 days of an accident.

Safety Management Self-Assessment (SH-26) – This assessment is intended to help employers evaluate their safety and claims management systems and identify opportunities for improvement. This is due at time of application and again annually within 30 days of the start of each program year.

Safety Action Plan (DFSP-5) – Employers participating in the Advanced Level must complete and submit a DFSP-5 within 60 days of the start of each program year outlining the action steps they intend to implement/accomplish during the remainder of the program year.

Program Details

In offering employers discounts on their BWC premiums and employees a safer work environment, the DFSP has multiple levels at which employers may participate and requirements that employers must meet in the course of the program.

Levels:

  • Basic Level: Employers participating at this level receive a 4 percent premium rebate as long as they satisfy all requirements.
  • Advanced Level: Employers participating at this level receive a 7 percent premium rebate as long as they satisfy all requirements.
  • Comparable Level: This level is designed for those employers that bid/work on state construction projects as Ohio law requires those companies to have a drug-free program. Employers participating at this level are not eligible for premium rebates.

Costs:

  • The potential costs associated with the DFSP include policy development, Employee Education, Supervisor Training, drug and alcohol testing and employee assistance.
  • Participating employers may apply for start-up grant money from BWC within their first two years of DFSP participation. These reimbursements do not cover the program’s full costs but eligible items include policy development (if reviewed by external legal counsel) and Employee Education, Supervisor Training and Train the Trainer (provided by a qualified substance professional).

Requirements:

  • Online Safety Review: Within 30 days of the start of the program participation year, employers must complete a self-administered questionnaire aimed at examining some key aspects of the company’s safety processes.
  • Accident-Analysis Training: Within 30 days of the start of the program participation year (or within 60 days of hiring or promoting an employee to a supervisory position), all supervisors and other personnel who are involved in the accident-analysis process must receive training aimed at gathering and analyzing information after an accident to determine the root cause of the accident and identify remedial actions to prevent future incidents.
  • Written Substance Abuse Policy: Your written DFSP policy is required to describe every element of the program at your office. Additionally, the prohibited conduct and consequences of violating the policy should be made clear is a full and fair disclosure within the policy. The safety requirements, annual employee and supervisor education and training, details on the drug testing program, employee substance abuse treatment assistance must be included in your policy. The Ohio BWC recommends that your policy be reviewed by legal counsel to ensure compliance with employment law.
  • Employee Education: As the DFSP stresses the importance of the dangers of substance use and abuse in the workplace, participating employers are required to provide at least one hour of substance abuse education within the first four months of the program, with refresher training provided annually. All employees in the workplace must participate in the education program and the material must be differentiated year over year.
    Employee education opportunities may be conducted by a substance abuse counselor/professional or by a manager or supervisor who has obtained materials from a qualified source. Any employee questions raised during a manager led training must be submitted to a credentialed professional for response, generally within two days of the training. DFSP start-up grants may be available to your business during the first two years of program operation to cover the expense of contracting with a professional substance abuse counselor.
  • Supervisor Training: All managers and supervisors must complete two hours of skill-building training initially, with one hour of refresher training every year thereafter. As new supervisors and managers are promoted or hired, they must complete the initial training within eight weeks of hire or promotion.
    Supervisor training must be conducted by a qualified substance abuse expert that has experience in substance abuse training for supervisors. Ohio law makes employers liable for the actions of their supervisors, so in addition to providing additional safety for your employees, offering qualified training may limit your legal liability in the long run.
    Elements that must be included in the supervisor skill-building training include: behavioral observation to help identify employees that may be in violation of the company’s policy, documentation of the behavior that may indicate substance abuse, appropriate steps to take if an employee is suspected of substance abuse, how to make referrals for drug testing, and how to make referrals for assistance in the treatment of substance abuse.
  • Drug & Alcohol Testing: All employers must implement a 100 percent, pre-employment or new hire drug testing policy for private employers and safety-sensitive or special needs positions for public employers. Additionally, drug and alcohol testing must be conducted whenever there is reasonable suspicion of abuse and post-accident of anyone who causes or contributes to an accident following an accident investigation.
    Additionally, return-to-duty testing is required for employees who are given a second chance after a positive test. Additional follow-up tests for employees who are permitted to return to work following a positive test are required. Employers should work only with certified laboratories and collection sites with a certified Medical Review Officer. The employer must report any testing information as required to on their DFSP Annual Report along with copies of all invoices from the collection site. Employers participating in the Advanced-level program, are required to conduct random drug testing on 15 percent of the total average annual work force.
  • Employee Assistance: Employers are recommended to provide the highest degree of assistance available to employees. At the Basic level, employers must provide employees with a list of local assistance resources for employees who are suffering with substance problems. At the Advanced level, a pre-established working relationship with an employee assistance professional must be in place prior to application. Employees can be referred to the assistance professional for substance problems and the employer is required to pay for the cost of the assessment.

The Drug-Free Safety Program offers additional protection for you and your employees

Your Managed Care Organization (MCO) is able assist you with implementation of all aspects of the DFSP program. Your MCO can help you develop the required written policy, conduct the Employee Education and Supervisor Training, arrange the contract with a drug-testing facility, and recommend treatment facilities for any employees who need services. If you’re interested in participating in the DFSP, you may complete and submit the application directly to the BWC or through your third-party administrator.

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