:: Ohio Drug Free Safety Program Launched

“Since switching to Benefits 1 Group as our TPA, we have seen a drastic improvement in our claims management from our previous TPA. Benefits 1 Group works closely with our MCO to ensure a speedy return to work and provides outstanding customer service every time.”

Chris Skinner
Director of Health and Safety
LifeCare Medical Services, Inc.

April 14, 2010

A new program is now offered by the Bureau of Workers' Compensation (BWC). The Drug Free Safety program is replacing the current Drug Free Workplace program. The incentive to join: an employer can obtain a 4% discount at the basic level, and a 7% discount at the advanced level. There is also no longer a 5 year limit on enrollment, and an employer may opt into and out of the program as well. Please note: there is no automatic enrollment into the new program.

For employers who have implemented a comprehensive drug policy that includes drug screening, completing the Drug Free Safety program (DFSP) may be easy. However, we encourage employers to consider the direct and indirect costs of implementation before enrolling. A third party administrator is capable of analyzing the premiums savings, but expenses such as testing, training costs, reporting requirements, staff time, etc. may exceed the savings you realize.

Compatibility with other BWC Programs

Group experience rated employers may stack a 3% discount with their group discount when they implement the advanced level. Group rated employers can only utilize the advanced level. Savings may not be higher than the maximum group discount. Employers can also utilize the Safety Council and the small deductible program discounts.

Starting January 1, 2011, if enrolled in DFSP, employers may not use salary continuation.

Employers may not receive the DFSP discount and receive or use the following programs:

  • 100 percent Experience Modifier Cap
  • $15,000 Medical Only
  • Group-Retrospective Rating
  • Large Deductible Plan
  • One Claim Program
  • Paid-loss retrospective Rating

Program Elements

Education and Training: Training requirements have been reduced when compared to the Drug Free Workplace Program. Supervisor training is now two hours initially with an annual one hour refresher. Employee education is one hour annually. The BWC sets the content of the training and a qualified professional must be included. A train-the-trainer approach, where the professional trains the supervisor and the supervisor trains the staff, is acceptable. However, this train-the-trainer approach must be face to face and cannot be administered on-line. The BWC will offer online accident analysis training for supervisors, which is part of the safety requirements of the program.

Alcohol and Drug Testing: Testing is paid for by the employer. The basic program requires pre-employment hiring screen, reasonable suspicion, post accident, return to duty, and follow up drug testing. The advanced program requires the same tests in addition to random drug screening of at least 15%. Post accident testing is not required when all of the following occur: injury is minor even if off-site medical attention required; no violation of work rules; injury is normal to employee's job functions; and accident analysis show no reasonable suspicion.

Employee Assistance: An employer enrolled in the basic level needs to provide to an employee who tests positive a list of community resources to assist with his or her potential drug problem. The employer may terminate on first positive. The BWC may ask the employer questions about company policy, implementation, etc if there is a termination. At the advanced level, the employer needs to provide assessment and cannot terminate on the first positive. There is a case by case consideration the BWC makes for this program requirement.

Safety and Policy: The elements that need to be included in a DFSP program are: a safety review of the employer's program, accident analysis training, accident reporting, and a written DFWP policy. For the advanced level, there needs to be a safety action plan, which involves working with the BWC once the safety review is completed. The purpose of the action plan: “moves employers from identifying gaps in safety to taking the appropriate steps to address these issues and better protect the workforce”. (www.ohiobwc.com)

Reporting: Complete documentation will be required for claims, drug tests, accident analysis, etc. and this documentation will be filed on-line with the BWC.

Enrollment

The DFSP will be available for private employers as of July 1, 2010, and for public employers effective Jan. 1, 2011. The initial application deadline is June 30, 2010, for the July 1, 2010, program year and the last business day in October for the Jan. 1 program year.

For information on this BWC program, visit their website at: http://www.ohiobwc.com/employer/programs/dfwpinfo/dfwpdescription.asp

Please contact us at 877-765-4200 for more information on how we can assist you in analyzing your rating options.

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