DFWP procedural guide - Ohio BWC...47 percent of serious workplace accidents and 40 percent of fatal workplace accidents have drug and/or alcohol involvement (Occupational Medicine)

Ohio Bureau ofWorkers’ CompensationDrug-Free Workplace Program

Procedural Guide

1-800-OHIOBWC • www.ohiobwc.com

Better Workers’ CompensationBuilt with you in mind.

Governor Bob Taft • Administrator/CEO James Conrad

Guide to adrug-free workplace

How to use this guideIt makes sense to participate

The problem

Drug-free policiesworkers would support

The solution

Program requirementsWritten policyEmployee educationSupervisor trainingDrug and alcohol testingEmployee assistanceAdditional level requirements

Eligibility and discountsWho is eligible for a discount?Participating in more than one BWC alternative rating or discount programDiscounts

How to apply

Reporting requirementsCertification of implementationProgress report

Drug-Free WorkplaceTechnical Assistance Manual

Components ofBWC’s 10-Step Business Plan

Thank you for your interest

Application

Table of contents

Ohio Bureau of Workers’ Compensation Drug-Free Workplace Program

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Guide to a drug-free workplace


In July 1997, the Ohio Bureau of Workers’Compensation (BWC) introduced a newincentive program designed to helpemployers establish a safer and more cost-effective workplace. If you want to joinhundreds of other Ohio employers inkeeping your employees safe and reducethe chance of an accident caused by asubstance user, then

to the Drug-Free Workplace Program(DFWP).

The voluntary DFWP encourages employersto detect and deter substance use and misuse,and take appropriate corrective action. Asan incentive, participating employers mayreceive technical support and may be eligiblefor a 10 percent to 20 percent discount ontheir workers’ compensation premiums forup to five years. Employers participating inother BWC alternative rating or discountprograms may not qualify for this discount.Employers participating in both group ratingand the DFWP may implement the DFWPand receive the associated premium discountsin addition to the group discount.However, the combined discount may notexceed the maximum discount allowed underthe group rating plan. Pages 12 and 13contain additional eligibility information.

Even employers who do not qualify for thediscount will benefit from establishing asubstance-free environment for theiremployees. And all employers may use thetechnical assistance and support providedby BWC and the Ohio Department of Alcoholand Drug Addiction Services (ODADAS).

How to use this guideThis guide will explain the benefits ofestablishing a drug-free workplace and giveyou the information you need to addresssubstance use at your company.

Read on to learn about:

• The problem of substance use/misusein the workplace;

• DFWP components and requirements;

• Whether your company is eligible forthe discount;

• How to apply for participation andrenewal.

It makes sense to participateSubstance use is often the silent and unseencause of work-related accidents.Unfortunately, employers and theiremployees may not be aware of this invisibledanger until it’s too late.

As defined in BWC’s DFWP, substance useand misuse involves the use of alcohol andother drugs, including prescription, over-the-counter and illegal drugs, in theworkplace, in violation of the employer’swritten DFWP policy.

Statistics from national studies point outhow costly substance use is within theworkplace, and Ohio is no different.Estimates of the cost of substance use toemployers vary, ranging from $7,000 to$25,000 annually per substance user.

Overall, employers who implement the DFWPwill provide greater protection for allemployees, increase productivity, decreaseaccidents and the severity of accidents,reduce workers’ compensation costs and useof medical benefits by substance users, andprotect the employer’s bottom line. Thegreatest value of this program is in its long-range benefits, rather than the discount.Implementing the DFWP is truly a goodbusiness decision for any employer.

j u s t s a y y e s

The problem


And beyond these costs, the courts and thepublic are holding American employersresponsible for the behavior of theirsubstance-using employees.

Not only does alcohol and other drug useaffect profitability of companies, it alsoimpacts the health, safety and productivityof workers. The human and financial lossesborne by our country’s business communityimpact every one of us.

Consider these statisticsProductivity: Substance users are 33 percentto 50 percent less productive.

Absenteeism: Users are absent an averageof three weeks more per year and tardythree times more often than non-users.

Accidents: Users are three to four times morelikely to have an accident on the job, andfive times more likely to file a workers’compensation claim.

Medical claims: Substance users file 300percent to 400 percent more costlymedical claims.

Employee theft: An estimated 50 percent to80 percent of all pilferage, theft and loss isdue to substance-using employees.

47 percent of serious workplace accidents and 40 percent of fatal workplaceaccidents have drug and/or alcohol involvement (Occupational Medicine).

38 percent to 50 percent of all workers’ compensation claims are related toalcohol or drug abuse in the workplace (National Council on Compensation Insurance).

Over 90 percent of alcohol users and 74 percent of drug abusers are employed(National Institute on Drug Abuse, Department of Health & Human Services).

An average of 15 percent to 17 percent of employees in every U.S. company aresubstance abusers (Bureau of Labor Statistics).

40 percent of the time a substance user causes an accident, a coworker is injured(Occupational Medicine).

Source: The Drug-Free Workplace Employer’sManual, published by National Drugs Don’t WorkPartnership, an affiliate of Community Anti-DrugCoalitions of America.

Drug-free policies workers would support


Employees also recognize the problem and would support correctiveaction by the employer.

62%

69%

78%

83%

84%

85%

Percent WhoWould Support

Mandatory DrugTesting for All

Employees

Random Drug Testing

Mandatory DrugTesting for Employees

in SelectedIndustries

Written CompanyPolicies Against Drug

Abuse

Counseling andTreatment Programs

for Illegal Drug Abuse

Drug AwarenessEducation Programs

•Survey conducted by the Opinion Research Corp. of Princeton, New Jersey.

0% 20% 40% 60% 80% 100%

The solution


Improve safety and health;Protect employees’ rights;Buffer your company from liability;Reduce workers’ compensation claims;Save money.

The BWC Drug-Free Workplace Program will help you:

The following five basic componentsare required at each level:A written substance use policy;Employee education;Supervisor training;Drug and alcohol testing;Employee assistance.

BWC’s DFWP offers employers the flexibilityof three levels, each with its own set ofprogram requirements. The higher the levelof program, the greater the percentage ofpremium discount an employer may beeligible to receive.

In addition, employers who implement level2 or level 3 are required to incorporate BWC’s10-Step Business Plan, found on page 17,into their organizations’ overall approach toworkplace safety.

Only employers who meet the minimumrequirements of a level will receive thediscount attached to that level; however,employers are free to exceed the minimumprogram requirements at any level. Forexample, if an employer qualifies for a level-2 discount of 15 percent, the employer maystill implement 25 percent random testing,which level 3 requires.

In addition, to qualify for the discounts,employers must fulfill program requirementsby the end of the first quarter of the programyear — Sept. 30 for the program year thatbegins July 1; March 31 for the program yearthat begins Jan. 1. The employer must certifyto BWC that he or she has implemented theDFWP for the employer to receive thepremium discount.

Once the employer’s DFWP has beenimplemented, BWC requires the employerto report the progress made in each programcomponent, as well as maintain otherdocumentation for possible review by thebureau. These requirements are covered inthis guide’s reporting requirements section.

Program requirements


Written policy

Every DFWP starts with the development ofa written substance use policy to set the toneof the program, outline the responsibilitiesof the employer and employee and fullyexplain the program. Employers areencouraged to involve all levels of employeesto develop the program.

To receive a discount, the employer’s writtenpolicy must cover every aspect of the DFWPlevel the employer is implementing. The policyshould be based on management’s concernsfor employee safety and health, productivity,accident prevention and loss control.

Every written policy should:• Spell out all rules of the program levelthe employer is implementing;

• Identify a DFWP administrator and theperson’s role/responsibilities;

• Be shared with all staff beforeimplementation as part of employeeeducation;

• Clearly state that the program applies toall employees, including top management;

• Reference collective-bargainingagreements, if applicable, and show howthe program works with these agreementsto promote a safer workplace;

• State that supervisors will be trainedon their testing responsibilities beforetesting is implemented;

• Address the use/misuse of alcohol,prescription medications, over-the-countermedications and illegal drugs;

• Identify which drug and alcohol testswill be used, the cutoff levels for each,and what testing procedures/protocolswill be applied;

• Include a commitment to rehabilitation;

• Describe referrals for testing, assessmentand employee assistance;

• Comply with all pertinent federal andstate laws or regulations;

• Identify prohibited conduct andconsequences for violating the policy,including: an employee’s refusal to submitto a medical examination or adrug/alcohol test and an employee’sattempt to manipulate the drug/alcoholtesting process;

• Address confidentiality of programrecords to ensure privacy rights ofemployees.

Employee education

All participating employers must plan toeducate their employees by providinginformation about the DFWP and how it willoperate as well as to present educationalawareness sessions on substance issues.

To receive a discount for any DFWP level,an employer must meet the followingemployee-education requirements:

• Provide at least two hours of educationfor all employees each program year,discuss the DFWP policy prior to startingthe program and obtain signedacknowledgment of receipt of the policy;

• Educate new employees within first fourweeks of employment about, at minimum,the content of the employer’s DFWP;

• Stress management’s commitment tothe program;

• Include disease model for alcohol andother drugs, signs and symptoms ofsubstance use/misuse, and effects ofcommonly used drugs in the workplace;

• Provide information about communityresources where employees can go forhelp for themselves or their families.

This education must be presented by aqualified educator holding one of thefollowing substance-use credentials:

• Substance Abuse Professional (SAP);• Certified Employee AssistanceProfessional (CEAP);• Certified Chemical Dependency Counselor(CCDCIII);• Ohio Certified Prevention Specialist (OCPS1 or 2);

Supervisor trainingAll participating employers also must developa supervisor training component to trainsupervisors about their DFWP responsibilities.For levels 2 and 3, supervisors also must receivetraining about random-testing procedures,the differences in employee-assistance referralsfor assessment and/or treatment, andimplementation of BWC’s 10-StepBusiness Plan.

To receive a discount, employers mustmeet the following supervisor trainingrequirements:

• Include at least four hours of initialinformational and skill-building sessionsfor all supervisors. This training is inaddition to the two hours of employeeeducation;

• In subsequent program years, supervisorswho received the initial training mustreceive a two-hour refresher course, inaddition to the two hours of employeeeducation;

• New supervisors should receive at leasttwo hours of training within six weeks ofbecoming a supervisor. They should notbe involved in testing responsibilitiesuntil trained.

This training also must cover supervisors’program responsibilities including:

• How to recognize a possible alcohol/drug problem;

• How to document behaviors thatdemonstrate an alcohol/drug problem;

• How to confront employees withthe problem;

• How to initiate reasonable suspiciontesting;

• How to make appropriate referrals forassessment or assistance;

• How to follow up with employeesreturning to work after a positivedrug test;

• How to operate consistently withcollective-bargaining agreements.

Supervisor training must be presentedby a qualified trainer, or a personsupervised by a qualified trainer, holdingone of the following substance-usecredentials:

• SAP;• CEAP;

Drug and alcohol testingThe heart of every DFWP is drug and alcoholtesting. All participating employers areresponsible for developing drug and alcoholtesting to detect and deter substance use andmisuse in the workplace. The employer’swritten policy must clearly spell out all aspectsof drug and alcohol testing, including cut-offlevels and the procedures or protocols thatdefine the testing process.

Drug and alcohol testing should be carefullythought out and incorporated into theemployer’s written substance policy in a waythat clearly explains how this testing works,the types of protections built into the testingsystem and what employees can expect. It’simportant to include how the employerintends to address refusal to test, adulterationand attempted adulteration, and specimensubstitution.

Choosing the cut-off level for a positive alcoholtest is another important consideration foremployers. BWC recommends employersconsider the level used for federal alcoholtesting at which an employee is taken off asafety-sensitive function and referred to asubstance abuse professional. This cut-off levelis substantially lower than that used by anystate in terms of considering a person who isoperating a motor vehicle intoxicated.However, the cut-off level used for federaltesting is supported by scientific research interms of the effect on workplace safety andemployee productivity.


• CCDCIII;• OCPS 1 or 2.


Test type required

All new employees are subject to pre-employment testing (prior to hire), or theemployer may use new hire testing within thefirst 90 days of employment, or a combinationof the two types of testing.

Pre-employment (only a drug test is required)or new-hire (drug test only)

Reasonable suspicion (may be a drug test,alcohol test or both)Reasonable suspicion testing will be based ondocumentation and concurrence among thetrained observing supervisor and a secondtrained supervisor, whenever possible.

Post-accident (may be a drug, alcohol testor both)All employees who may have caused orcontributed to an on-the-job accident, asdefined in this rule, will submit to a drug oralcohol test.

This test will be administered as soon as possibleafter necessary medical attention is received, orwithin eight hours for alcohol and within 32hours for other drugs.

Random (drug test)Level 2 requires 10 percent of total workforce.Level 3 requires 25 percent of total workforce.Only safety-sensitive positions to be tested foreligible public employers.

Follow-up to assessment and/or treatment(drug and/or alcohol test: negotiated with input bythe clinician)A minimum (no set maximum) of four tests infirst year from date of return to duty. Maximumnumber of tests after first year determinedwith clinician.

The chart to the right spells out specific DFWPrequirements in each category of testing. Forthis program, testing will include urinalysisfor five drugs, a confirmatory test for allpositive test results and breath or saliva witha confirmatory evidential breath test (EBT)for alcohol.

However, if an EBT is not available orreasonably accessible, a blood test should bemade available to the employee to determinethe presence of alcohol. This form of drugand alcohol testing also is known as systemspresence testing. It serves as the only scientific,objective evidence that a certain level ofsubstance exists within the employee’s system.

The employer must establish cut-off levels foreach drug and for alcohol. Employees testingat or above these levels are determined tohave tested positive in violation of theemployer’s drug-free policy.

The recommended cut-off levels for each ofthe five drugs which our program requirestesting come from the U.S. Department ofHealth and Human Services (DHHS). Employerscan test for additional drugs, including drugsreferred to as designer or club drugs. Costsshould be discussed with the certified lab.DHHS-certified labs should recommend thetesting cut-off levels for drugs other than thefive required for our program. These labs willrecommend cut-off levels based on researchthat shows that the presence in a employee’ssystem affects his or her functioning.

For all program levels, the employer isrequired to pay the costs of testing. Thesecosts should be offset by the discount andthe money saved by creating a saferworkplace. If an employee requests a retestfollowing a positive test result (required useof split specimen), the employer is notobligated to pay for the cost of such a retestunless the results are negative.

Level 1 program requirementsEmployers who implement level 1 are requiredto use the following types of testing, describedmore fully in the chart: 100 percent pre-employment and/or new-hire testing;reasonable suspicion testing; post-accidenttesting; and follow-up to treatment orassessment testing.

Level 2 program requirementsIn addition to the drug and alcohol testingrequirements for level 1, the employer alsomust include random drug testing of 10percent of the employer’s average totalworkforce each program year. For publicemployers, random drug testing applies onlyto safety-sensitive positions or functions, asdefined by the employer.

Level 3 program requirementsIn addition to the drug and alcohol testingrequirements for level 1, the employer alsomust include random drug testing of 25percent of the employer’s average totalworkforce each program year. Again, forpublic employers, random drug testing appliesonly to safety-sensitive positions or functions.


Explanation

Pre-employment testing is required within a time frame defined by the employer (so many hoursafter a conditional offer of employment and before the employee begins any work activity withthe employer).

New hire testing may be done in addition to, in lieu of or in combination with pre-employmenttesting as an unannounced test that occurs at any time during an employee’s designated probationperiod — not to exceed 90 days.

Required when there is evidence that an employee is using drugs or alcohol in violation of thecompany’s DFWP policy. The evidence should be drawn from specific, objective facts and reasonableinferences in light of experience and training. Such facts and inferences may be based on, but arenot limited to, any of the following:

• Observable behavior, such as direct observation of drug or alcohol use, possession ordistribution, or the physical symptoms of being under the influence of drugs or alcohol, suchas, but not limited to slurred speech, dilated pupils, odor of alcohol or marijuana, dynamicmood swings, etc.;

• A pattern of abnormal conduct, erratic behavior or deteriorating work performance (e.g.,frequent absenteeism, excessive tardiness, recurrent accidents), which appears to be relatedto substance use or misuse and does not appear to be attributable to other factors;

• The identification of an employee as the focus of a criminal investigation into unauthorizeddrug possession, use or trafficking;

• A report of alcohol or other drug use provided by a reliable and credible source;

• Repeated or flagrant violations of the company’s safety or work rules that pose a substantialrisk of physical injury or property damage and that appear to be related to substance useor misuse that may violate the employer’s DFWP policy, and do not appear attributable toother factors.

Required immediately following an on-the-job accident, as defined by Rule 4123-17-58.

Accident means an unplanned, unexpected or unintended event that occurs on the employer’sproperty, during the conduct of the employer’s business, or during working hours, or that involvesemployer-supplied motor vehicles or motor vehicles used in conducting the employer’s business,or within the scope of employment, and results in any of the following:

• A fatality of anyone involved in the accident;• Bodily injury requiring off-site medical attention;• Vehicular damage in apparent excess of a dollar amount stipulated in the employer’s DFWP policy;• Non-vehicular damage in apparent excess of a dollar amount stipulated in the employer’s DFWP policy.

As used in this rule, accident does not have the same meaning as provided in Division (C) of section4123.01 of the Ohio Revised Code, and the definition of this rule is not intended to modify thedefinition of a compensable injury under the workers’ compensation law. Also, this definition ofaccident does not match the definition used by the Federal Department of Transportation.

An unannounced test that occurs at a pre-determined frequency among randomly selectedemployees. There must be equal probability of selection each time testing occurs.

Random testing is based on an objective and non-discretionary computer program operated andmaintained by an outside contractor.

Unannounced testing for employees who have been referred for assessment and/or treatment forsubstance use or misuse.

Occurs after assessment, during treatment and/or for a period of time following treatment.

The first follow-up test will serve as a return-to-duty test and occur before the employee resumeswork activities and following a leave associated with a policy violation.


Employee assistanceEmployee assistance is a cornerstone of anyDrug-Free Workplace Program. BWC’s DFWPoffers a progressive approach to employeeassistance, with additional services requiredfor each higher program level.

The written DFWP policy must clearly expressmanagement’s commitment to helpingemployees with substance-use problems, withoptions for assessment information, referralto assessment and/or treatment, and a generalcommitment to rehabilitation. This policyshould inform the workforce of availableemployee-assistance services. In addition, thewritten DFWP policy should identify who willpay for the services associated with anassessment and treatment. Reasonableemployee co-pays are permitted.

An employee-assistance plan does not implythat an employer will provide treatment foran employee with a substance-use problem.However, the employer must identify a planof action and the applicable resources foremployees who seek help on their own, whoare referred by management for a possibleproblem with alcohol/drugs, or who have apositive alcohol/drug test.

Level 1 program requirementsEmployees who test positive for drugs oralcohol must receive an explanation ofassessment for a substance-use problem inaddition to appropriate corrective action. Thesupervisor should provide a list of qualifiedsubstance-use assessment resources in thecommunity. The employer is permitted toterminate employment based on a first positivedrug test, but is encouraged to consider factors,such as length of services and quality ofperformance in making a decision.

Level 2 program requirementsAn employer implementing level 2 is expectedto increase employee-assistance services througha stronger relationship among the employee,employer and employee-assistance provider. Afirst positive drug or alcohol test should resultin a direct referral of an employee to a providerfor assessment, rather than the employee beingterminated and the employer providing theemployee with a list of qualified substance-useassessment resources. A subsequent positivetest may result in termination.

For a level 2 employer to terminate based onan employee’s first positive drug or alcoholtest, the employer’s written policy must specifysafety-sensitive and other positions theemployer is exempting from the non-termination provision of level 2. These arepositions that, if an employee in such a positionwere to test positive, could lead to terminationafter a first positive test if there were no otheravailable positions to which the employeecould be returned.

Level 3 program requirementsIn addition to fulfilling the referralrequirements of level 2, employers in level 3also must offer employees health-carecoverage that includes chemical dependencycounseling/treatment. The non-terminationprovisions also apply to level 3 employers interms of a first positive drug/alcohol test.

Additional level requirementsLevel 2 program specific requirementsFor an employer to receive a discount for level2, the employer must meet all level 1requirements. The employer also must developa written policy that clearly explains allcomponents of level 2.

In addition to the requirements listed underwritten policy, employee education, supervisortraining, drug and alcohol testing, andemployee assistance, employers who wantto implement level 2 also must apply andfulfill one of the following requirements:

• Have had a level 1 program in place forat least one year. The existing programmust be comparable to BWC’s level1 program;

• Have had an existing substance-freeworkplace program in place for at leastone but not more than four years. Theexisting program also must be comparableto BWC’s level 1;

• Have an existing safety program for twoyears, such as BWC’s 10-step business plan;

• Be participating in a BWC-approvedconsortium;

• Demonstrate proficiency/readiness toimplement level 2 through documentedexperience from drug-free workplacetraining that meets the criteriaspecified below.

• The training must be on the list ofqualified programs maintained by theODADAS.• All primary consultants for thetraining organization must have atleast 10 hours annual continuingeducation in drug-free workplaceissues.

• The training organization must haveprovided drug-free workplaceconsultation and training for at leasttwo years.

• The organization will provide acertificate to only those employerswho complete at least 15 hours offace-to-face consultation/trainingand another 20 hours developingthe employer’s DFWP policy andprogram operations.

Employers implementing level 2 also mustimplement five steps of BWC’s 10-StepBusiness Plan, see page 17.

Level 3 program specific requirementsFor an employer to receive a discount forlevel 3, the employer must meet therequirements of levels 1 and 2, and apply toimplement level 3. The employer also musthave conducted the DFWP for at least twoyears at level 1 and/or 2, and have met therenewal requirements.

In addition, employers in level 3 are requiredto implement all 10 steps of BWC’s 10-StepBusiness Plan.

These requirements are in addition to thoselisted under written policy, employeeeducation, supervisor training, drug andalcohol testing and employee assistance.


Eligibility and discounts


BWC is responsible for evaluating eachapplication to determine the employer’seligibility to receive a discount under theDFWP, the employer’s eligibility for a specificprogram level, and the applicable discountpercent.

Who is eligible for a discount?Not all employers will be eligible for a discountunder the bureau’s DFWP. However, allemployers will benefit from creating a drug-free environment for their employees. BWCand the ODADAS will identify the need andprovide technical assistance and support forall participating employers — even those whoare not eligible for the discount.

The following criteria are usedto determine eligibility:

• The employer must be a state-fundemployer. Self-insuring employers and stateagencies are not eligible for the discount;

• The employer must be in either an active,reinstated or debtor-in-possesion status thefirst day of the policy year for the DFWP;

• The employer must be current onpremium payments as of March 31 for theapplication year that begins July 1, or mustbe current as of Sept. 30 for the applicationyear that begins Jan. 1. Current is definedas not more than 45 days past due on anyand all undisputed premiums, assessments,penalties or monies otherwise due to anyfund administered by BWC, includingamounts due for retrospective rating atthe time of the application deadline;

• The employer may not have cumulativelapses in workers’ compensation coveragein excess of 59 days within the 18 monthspreceding the application or renewaldeadline;

• The employer may not have administeredan existing substance-free workplaceprogram comparable to BWC’s level 1program for four or more years;

• The employer must continue to meet alleligibility requirements during the year ofparticipation in the program, whenapplying for renewal and during eachsubsequent year of participation, regardlessof the employer’s program level;

• The employer’s participation in theprogram must be continuous, whethereligible for four or five years. If an employerdrops out of the program without receivinga discount or repays any discount received,plus interest, the employer may beconsidered for a discount if the employerreapplies;

• The employer must not have completedits eligible four or five years of participationin the DFWP.

These are the initial requirements for programeligibility. An employer determined to beineligible may reapply in a subsequent programyear, except for an employer who has beendetermined to be ineligible based on havingan existing substance-free program for fouror more years comparable to BWC’s level1 program.

Once BWC has reviewed the application todetermine whether the employer is eligible toreceive a discount for participation in the DFWP,the bureau will determine whether theemployer is eligible for a specific level. Next,BWC will determine the discount percentagefor which the employer qualifies.

Participating in morethan one alternative ratingor discount programThe percent of discount for eligible employersmay be based on an employer’s participationin one or more alternative rating programs.If an employer participates in any otheralternative rating program offered by BWC,and receives a discount, credit or benefit forparticipation in group rating, retrospectiverating, or the Premium Discount Program Plus


Level 1/Level 2 Level 3

10 percent /15 percent 20 percent 20 percent 20 percent

A total of two years must be For the first year For the second year For the third year ofspent in either of these levels of level 3. of level 3, and/or level 3, and/oror a combination of the the last year if the last year iftwo levels for an employer to be only qualified for a qualified for aeligible for level 3. four-year discount. five-year discount.

(PDP+), in the same policy year as the DFWPprogram, the employer may still participate inthe DFWP program and may be entitled toreceive a discount. However, the employer mayreceive only the maximum discount, credit orbenefit for whichever program amount isgreater for the given policy or program year.Discounts may be stacked for employersparticipating in group rating and DFWP.Employers participating in both programs mayreceive the associated premium discounts forDFWP in addition to the group discount.However, the combined discounts may notexceed the maximum discount allowed underthe group-rating plan.

In addition, if a DFWP employer alsoparticipates in PDP+, the employer may receive adiscount for both programs as follows: Thestacking of discounts will apply so long as theemployer satisfies the requirements of eachof the programs. In applying the discountsfor the two programs, the bureau will firstapply the PDP+ discount and then apply theDFWP discount.

DiscountsAn employer approved by BWC for a DFWPwho does not have an existing substance-freeworkplace program comparable to level 1 atthe time of application, who has a program inplace for less than one year, or who has anexisting program in place for more than oneyear that is not comparable to BWC’s level 1program may receive a maximum of five yearsof discount.

An employer who has an existing substance-free workplace program at the time ofapplication for at least one year, but less thanfour years may receive a maximum of four yearsof discount.

However, if an employer has had an existingprogram for four or more years that iscomparable to BWC’s level 1 program, theemployer is not eligible for a discount.

The discount will be applied twice annually forprivate employers and once annually for publicemployer taxing districts. The discountpercentages available to eligible employers aredisplayed in the chart below.

If an employer has an existing substance-freeworkplace program in operation for at leastone year, but less than four years beforeapplying, and if this program is determined tobe equivalent to the standards of BWC’s level1, the employer may qualify to begin the DFWPat level 2 with a 15-percent discount.

However, this employer must still have at leasttwo years at level 1 or level 2 before beingeligible for a level-3 discount. Furthermore,such an employer will qualify for a maximumof four years of discount.

How to apply


An employer’s participation in the DFWPand renewal of participation are on aprogram-year basis. Participation is voluntary.

The first step for the employer is completingthe application on page 19 and 20 andsubmitting the form by the applicabledeadline. BWC will review the applicationto determine whether the employer iseligible for a discount. An employer mayappeal enrollment rejection and renewalrejection to BWC’s adjudicating committeepursuant to Rule 4123-14-06 of theAdministrative Code.

Complete the application and have the chiefexecutive officer (or equivalent) of theemployer sign it. Employers who receive adiscount, but fail to implement the programor meet the requirements must repay thediscount. By signing the application, theemployer agrees to these terms.

Again, self-insuring employers and stateagencies are eligible for technical assistance,but not a discount. Employers wishing toaccess technical assistance and support toimplement the DFWP, but not seeking toreceive a discount, should not fill out anapplication. These employers may contactBWC by calling 1-800-OHIOBWCfor assistance.

Application, certification, release of information, reportingand renewal periods

Paperwork

Release One time only One time onlyof information

Reporting and Once a year Once a yearrenewal periods March 31 for the program year that begins Sept. 30 for the program year that

on July 1 begins on Jan. 1.or

Sept. 30 for the program year that beginson Jan. 1.

One program period for public employersPublic employers may participate only inthe Jan. 1 – Dec. 31 program year.Applications are accepted year round, butto ensure the earliest discount eligibility,public employers should apply beforeJan. 1 or they may have to wait anotheryear for the discounts to apply.Recommended deadline date isDec. 31 for the program year whichbegins Jan. 1. This should give ampletime to get the DFWP in place withinthree months.

Two program periods for private employersPrivate employers may participate in the July 1- June 30 program year or Jan. 1 - Dec. 31program year. Applications for both programyears are accepted all year round, but toensure the earliest discount eligibility,employers should try to apply before the startdate of the program year which gives ampletime to get the DFWP in place within threemonths. Recommended application date is byJune 30 for the program year beginningJuly 1 and Dec. 31 for the program yearbeginning Jan. 1.

Certification Once a year Once a yearof implementation Sept. 30, for the program year that began March 31 for the program year that(For employers on July 1 began on Jan. 1.implementing a orfirst-year program or March 31 for the program year that beganmoving to another on Jan. 1.program level)

Application

Deadlines for public employertaxing districtsApplications are accepted year round, butdiscounts are applied based on the actualprogram year in which a participatingemployer implements the DFWP inaccordance with program requirements.

Deadlines for private employersApplications are accepted year round, butdiscounts are applied based on the actualprogram year in which a participating employerimplements the DFWP in accordance withprogram requirements.

Reporting requirements


Certification of implementationThe employer must submit a certification formby the end of the first quarter of his or herinitial program year and each program yearin which the employer has been approved fora different program level than the precedingyear. This form is available in the sample formssection of the DFWP Technical AssistanceManual, given to each approved DFWPemployer, or from your employer servicesrepresentative.

Completing and signing the certification formindicates that the employer is, at minimum,ready to begin his or her DFWP based on therequirements for the approved program level.

The Release of Information, form (U-141),allows BWC or its designee access to performan on-site audit of the employer’s DFWPcomponents, related records anddocumentation. The employer sumits theU-141 form once.

The employer also must submit thefollowing with the certification:

• Copy of the written policy;

• Name of program administrator andpercentage of time spent on the DFWP.

The employer must maintain thefollowing on site:

• Copy of written policy;

• Copies of acknowledgment forms signedby each employee upon receiving theemployer’s written policy;

• Name, qualifications and credentials ofeducators and trainers, or of personssupervising educators or trainers;

• Original attendance sheet signed by eachattending employee at education sessionsor supervisor at training sessions;

• For level 1: the list of qualified resourcesfor assessment referral;

• For levels 2 and 3: copies of contactinformation and agreements withemployee assistance providers;

• For level 3: a copy of the employer’shealth-care plan showing chemical-dependency coverage.

Progress reportThe progress report is used to provideinformation about the employer’s DFWP andto request renewal of a current DFWP level orto request consideration for another level.Progress reports are available in the sampleforms section of the DFWP Technical AssistanceManual or from your employer servicesrepresentative. To be considered forrenewal, the employer:

• Must have certified the implementationof his or her first-year program by thedeadline (three months after the start ofthe employer’s DFWP year, including anyprogram year where the employer changedprogram levels);

• Must have implemented all programcomponents associated with the DFWP levelfor which a discount was obtained;

• Must have completed the progress reportand submitted it to BWC by the deadline.

Employers also must include the followingwith the progress report:

• Brief course description of topics coveredin employee educational sessions, andsupervisor training sessions and informationabout educators and trainers whopresented these sessions;

• Statistics regarding number of employeeseducated and supervisors trained;

• Drug and alcohol testing statistics;

• Names, contact persons, phone numbersfor labs, collection sites and medicalreview officers;

• Employee assistance information;

• Workers’ compensation claims information;

• Summary of employer’s DFWP activities,any planned improvements, and progressin meeting the five or 10 steps of BWC’s10-Step Business Plan (for levels 2 and 3).

DFWP Technical Assistance Manual


Each approved employer will receive a copyof the DFWP Technical Assistance Manual toserve as a reference guide in implementinga DFWP. While this Procedural Guide coversthe basics of the DFWP, the TechnicalAssistance Manual offers a fuller explanationof how to implement the program. Includedis a list of federally certified laboratoriesemployers must use in the testing process.

Drug-free policies workers would support


To be eligible for a discount in level 2, youmust implement five steps of BWC's 10-StepBusiness Plan (Steps 1, 2, 6 and two othersteps). Level 3 participants must completeall components of the 10-Step Business Planto be eligible for a discount.

The 10 steps are:1. Visible, active senior managementleadershipSenior management, including the topexecutive on site, must be the role modelsfor how they want all other employees toact in creating a safe work environment.

2. Employee involvement and recognitionBoth management and employees willactively participate in the safety and healthmanagement process.

3. Medical treatment and return-to-workpracticesEmployers will establish a post-injury ordisability management policy and procedureto help injured or ill employees obtainquality medical care and return to work.Return to work should incorporate atransitional work program that uses realjob duties to accommodate injured workers’medical restrictions for a specified timeperiod to gradually return them to theiroriginal jobs.

4. CommunicationsInclude regular verbal and writtencommunication on matters affectingemployee safety and health.

5. Timely notification of claimsEmployers will report all cases involvingseven days or more of lost time to BWCwithin 14 days of the date of injury, or oneweek of being notified of the incident bythe ill or injured employee.

6. Safety and health process coordinationand employer educationThe employer will designate an individualas the accident prevention coordinator andgive him or her responsibility, and authorityto facilitate the organization’s safety andhealth systems, and processes.

7. A written orientation and employeetraining planEach organization will identify and respondto the specific training needs of itsemployees, including supervisors, managersand team leaders. Employers will developa written safety and health trainingprogram that documents specific trainingobjectives and instruction procedures.

8. Written and communicated safework practicesGuidance for employees as written safework practices is important for a clearunderstanding of job requirements andresponsibilities. The company will identify,document and make available both generaland job-specific safe work practices. Theemployer will provide employees with acopy of the general safe work practices,and all employees will sign a statement toindicate they have read, understood andwill follow the safe work practices.

9. Written safety and health statementThe employer’s top executive will sign asafety and health policy document. All newhires will receive this document. Theemployer will communicate the policy toall employees, then review with them onan annual basis.

10. Recordkeeping and data analysisOrganizations will compile occupationalaccident- and illness-related data. From thisinformation, the employer can identifyunsafe behaviors and develop improvementsto enhance the organization’s safety systemsand processes.

Components of BWC’s 10-Step Business Plan

While this guide should provide you withthe information you need to apply for theDFWP, additional information, such as theactual program rules, is available on request.

The rules also are available on our websiteat ohiobwc.com.

BWC will send, upon request, a list ofprofessional organizations approved toprovide you with technical assistance afterwe receive your signed application.

For more information, please call1-800-OHIOBWC.

Thank you for your interest


Documents

DFWP procedural guide - Ohio BWC...47 percent of serious workplace accidents and 40 percent of fatal workplace accidents have drug and/or alcohol involvement (Occupational Medicine)