All Ohio employers are required to maintain workers’ compensation insurance coverage for their employees, which can be a significant business expense. Ohio employers should be aware that the Bureau of Workers’ Compensation (BWC) offers many safety programs, training opportunities, and premium rebate opportunities for employers who make a commitment to workplace safety. Employers who want to increase safety, reduce workers’ compensation costs, and develop policies for substance use and abuse should consider implementing a Drug Free Safety Program, which also comes with the added benefit of a 4-7% rebate on BWC workers’ compensation premiums.
What is a Drug Free Safety Program (DFSP)?
A DFSP is a written policy and operational program that focuses on safety processes to help employers manage their risk and prevent workplace injuries. Safety is at the heart of every DFSP, and employers who participate in the program create and implement written policies to address the role of both management and employees when it comes to workplace safety and threats related to substance use and abuse in the workplace. As a reward for this commitment to safety, the BWC offers compliant employers with BWC premium rebates for successfully maintaining and operating a DFSP. Any Ohio employer that pays into the state workers’ compensation fund is eligible to participate in the program so long as they have not had any lapses in coverage in excess of 40 days within the past 12 months.
What are my options?
The Ohio BWC offers two different levels of participation for interested Ohio employers: the DFSP Basic and DFSP Advanced programs. Employers who choose to participate in the DFSP Basic level program receive a 4% BWC premium rebate after completing the following requirements:
- Develop a written DFSP policy and obtain signed acknowledgement of receipt of the policy from all employees.
- Commit to employee education by providing at least one hour of alcohol and drug education for all employees each year.
- Provide supervisor training on reasonable suspicion issues and post-accident analysis.
- Conduct drug testing including: 100% pre-employment and/or new hire drug testing, reasonable suspicion, post-accident, and return-to-duty follow-up alcohol and drug testing.
- Complete a safety review.
- Report incidents in a timely manner.
- Offer employee assistance for employees that test positive for alcohol or drugs.
Employers who choose to participate in the DFSP Advanced level will receive a 7% premium rebate in exchange for meeting all of the requirements of the Basic level plus the following additional requirements:
- Complete 15% random drug testing of the average annual workforce.
- Complete at least two hours of additional supervisor training.
- Develop and implement a safety action plan to identify safety gaps and planned safety improvements.
- Pre-establish a relationship with an employee assistance professional to refer employees for a substance assessment after a positive test result.
How do I get started?
It is important to thoughtfully craft a custom DFSP for your business with the assistance of counsel, your Third-Party Administrator, and the BWC. Your DFSP should clearly communicate your policies on safety, risk management, and substance use and abuse issues with your workforce. While the process may seem daunting at first, the Ohio BWC provides many resources to employers, free of charge, to assist with the development of a DFSP. In fact, the BWC has safety consultants in each regional office that can assist with safety and DFSP issues.
If an employer is interested in learning more about the types of DFSP options available, the BWC provides a great resource in the Ohio BWC Drug-Free Safety Program Self-Implementation Workbook, which further explains program requirements and options. Employers will also find their Third-Party Administrators to be a good resource, and of course it is always a wise decision to loop in your employment counsel to make sure that your DFSP meets both your operational needs and your BWC premium savings goals.
