Safety Council Rebate Program
4125; OAC 4123-17-56.2;
and Appendix C;
July 1, 2015
Division of Safety and Hygiene (DSH)
Safety Council Rebate Program policy dated September 4,
Revised November 4, 2016; November 18, 2014. New policy
issued July 6, 2012.
July 1, 2020
The Ohio Bureau of Workers’
Compensation (BWC) has established a rebate program for employers participating
in a local safety council.
This policy applies to
employers, local safety councils, the Division of Safety and Hygiene (DSH), and
BWC Field Operations.
year: Twelve (12) month period used to calculate an employer’s performance
private employers (PA): The July 1 to June 30 prior to the current program
public employer taxing districts (PEC): The January 1 to December 31 prior to
the current program year.
B. Chief Executive
Officer (CEO): The employer’s top ranking employee at the local facility.
This can be the CEO, plant manager, or owner, etc.
year: Twelve (12) month period that BWC uses to calculate severity and
frequency for an employer fulfilling the eligibility requirements of the Safety
Council Rebate Program.
private employers: July 1 through June 30.
public employer taxing districts: January 1 through December 31.
Claims per $1 million of payroll. BWC calculates an employer’s frequency by
multiplying the total number of allowed claims reported in the measurement year
by $1 million and dividing by the employer’s total payroll for that year.
safety council: An entity contracted with BWC to provide a safety campaign
according to standards set by DSH.
year: July 1 through the following June 30.
G. Pure premium:
The employer’s calculated premiums before any administrative costs or Disabled
Workers’ Relief Fund (DWRF) assessments are added.
Number of days absent per $1 million of payroll. BWC calculates an employer’s
severity by multiplying the total number of days absent in the measurement year
by $1 million and dividing by the employer’s total payroll for that year.
receive a Safety Council Rebate the employer must meet the following criteria
as of the annual application deadline of July 31:
current with respect to all payments due BWC as defined in OAC 4123-17-14.
have cumulative lapses in workers’ compensation coverage in excess of forty
(40) days within the prior twelve (12) months.
employer must timely report actual payroll for the preceding policy year and pay
any premium due upon reconciliation of estimated premium and actual premium. An
employer will be deemed to have met this requirement if BWC receives the
payroll report and the employer pays premium associated with such report before
the expiration of any grace period. See the Payroll
True-Up policy for additional information.
following employers are not eligible to receive Safety Council Rebates:
An employer participating in an incompatible discount or rating program.
Program compatibility is outlined in OAC 4123-17-74,
An employer participating in Group Experience Rating Program is eligible
only for the performance bonus.
An employer participating in Group Retrospective Rating Program is
eligible only for the participation bonus.
A PA employer’s Group status as of July 1 prior to the application
deadline, and a PEC employer’s Group status as of the previous January 1 prior
to the application deadline, determines program eligibility.
Employer Organizations (PEOs) are not eligible for a Safety Council Rebate
unless all of the following requirements are met:
PEO and all of the PEO’s clients meet all eligibility and program requirements;
PEO electronically submits affirmation to DSH that the PEO and all of its
clients have enrolled in a local safety council by July 31 of the applicable
program year; and
The PEO submits an electronic list to DSH of each of the client
employers it has an agreement with as of May 1 of the applicable policy year.
DSH will determine the format of the list.
The PEO will include each client employer’s: name; address; federal tax
identification number; BWC policy number; and the amount of payroll, listed by
manual class code, reported by the PEO on behalf of the client employer.
If BWC determines the PEO manipulated the client list, the PEO will not
be eligible for a Safety Council Rebate.
will hold the client list as a confidential trade secret per ORC 4125.05.
an employer has applied for BWC coverage but has yet to receive active coverage
status, a dated copy of receipt of application to BWC by the application
deadline must be provided.
employer must apply for the program through a local safety council.
application deadline is July 31 of the program year.
enrollment and renewal policies vary from one safety council to another. Each
employer should confirm these policies with its local safety council.
C. Operation of
will determine and publish the Safety
Council Rebate Program Eligibility Requirements no later than sixty (60)
days prior to the applicable program year start date.
employer can enroll in multiple safety councils, but is only eligible for one
participation bonus and one performance bonus. The employer must fulfill all
eligibility requirements in one safety council.
employer must attend ten meetings or events within one safety council during
the program year.
At least eight of the ten meetings or events must be safety council
employer must be enrolled in the safety council to receive credit for attending
to two of the ten meetings or events can be external training events, as
outlined below, but all ten can be safety council meetings or events.
Guidelines for meeting attendance credit:
The employer must be in attendance for the majority of the meeting time.
The attendance of any employee qualifies for meeting attendance credit.
A person can represent only one policy number with his/her attendance.
matter the duration of the meeting, training, or special event, attendance
applies toward only one meeting credit.
No matter the number of employees attending any one event, attendance
applies toward only one meeting credit.
for external training credit:
It is the employer’s responsibility to submit documentation to its
safety council by June 30 of the current program year for attendance at
non-safety council training or events. Documentation must be an official
certificate of attendance or transcript.
External training event options are:
Safety Congress & Expo.
safety training classroom courses offers through the Ohio Center for
Occupational Safety & Health (OCOSH).
training (with at least one hour of safety curriculum on the agenda).
Safety training conducted at the employers’ workplace, online courses, and
required Drug-Free Safety Program training do not qualify as an external
employer’s CEO must attend one safety council meeting or event. (CEO attendance
counts as credit toward one of the ten required meetings).
If a CEO represents multiple policy numbers, his/her attendance fulfills
the CEO attendance requirement for all policies, but counts as a meeting credit
for only one policy.
An unforeseen event (e.g. injury, operational needs, military service)
that prevents the CEO from attending one safety council event is not an
acceptable reason to circumvent this requirement. The CEO has twelve (12)
months in which to attend one event.
CEO attendance at a non-safety council-sponsored event (e.g. Safety
Congress, OCOSH training) does not count toward the CEO requirement.
The employer must submit semi-annual workplace accident reports for the
previous calendar year.
employer must meet all rebate eligibility requirements under this program.
employer must reduce either its frequency or severity of allowed workers’
compensation claims by 10% from the baseline year, or remain at zero.
participation and performance rebate amounts are both two percent (2%) of the
employer’s pure premium during the program year, as set forth in the Appendix
to OAC 4123-17-75.
qualify for any rebate the employer must:
Have active coverage at the time BWC calculates the rebate. BWC may
apply the calculated rebate to any outstanding balance at the time the rebate
is posted to the policy.
Report actual payroll for the preceding policy year, and pay any premium
due upon reconciliation of estimated premium and actual premium for that policy
year no later than the due date set forth in OAC 4123-17-14. An employer will
be deemed to have met this requirement if BWC receives the payroll report and
premium due before the expiration of any grace period.
Rebates cannot reduce an employer’s premium due below the amount of the
minimum administrative charge as set forth in OAC 4123-17-26.
will not issue a rebate to an employer paying the minimum administrative charge
for the applicable program year.
adjustments made to an employer’s account after the issuance of the rebate may
result in recalculation of the rebate.
D. Exit or removal from
employer may voluntarily withdraw from the Safety Council program by providing
written notice to its local safety council.
will remove an employer from the program who fails to report actual payroll for
the preceding policy year and pay any premium due upon reconciliation of
estimated premium with actual premium no later than the due date. An employer
will be deemed to have met this requirement if BWC receives the payroll report
and associated premium prior to the expiration of any grace period.
employer who voluntarily withdraws or is removed from the program will not be
eligible for a rebate for that program year.
complaints should be processed under the General
Employer Complaint Policy.
extenuating circumstances that apply to the Safety Council Rebate Program.
involving an error by the local safety council.
Extenuating circumstance: The employer is denied a Safety Council Rebate
due to an error by the local safety council. Examples include, but are not
attendance at an event is not counted due to administrative oversight.
claims to have enrolled in the Safety Council Rebate Program but the local
safety council does not have documentation of enrollment.
Supporting documentation: Acknowledgement of the error in writing by the
local safety council, employer documentation of enrollment by the deadline.
Resolution: The employer will be considered eligible for the program if
all other eligibility requirements are met.
where employer is denied Performance Bonus due to voluntary retirement of
claimant resulting in no return to work date in BWC’s data base.
Extenuating circumstance: A claimant voluntarily retires in lieu of
returning to work. In order for this scenario to apply, the retirement must be
voluntary and must not be due to the disability or allowed conditions of the
Supporting documentation: The employer must provide BWC one of
signed affidavit from the employee specifying the effective date of retirement
and attesting that the retirement is not due to the disability or allowed
conditions of the claim or
document(s) showing that the employee is 100% retired as of a specific date and
that the employee retired under a normal age/length of service retirement plan
(e.g. company retirement plan, Social Security, etc.) and not under a
medical/disability retirement plan.
Resolution: Upon receipt of the documents, BWC will use the retirement
date as the “return to work” date for purposes of determining the days absent
for that specific claimant and will request that DSH recalculate the employer’s
eligibility for a Performance Bonus.
Circumstance where employer is denied Performance Bonus due to claimant
declining or failing to respond to offer to return to work resulting in no
return to work date in BWC’s data base.
Extenuating circumstance: A claimant has failed to return to work
despite being released by the physician of record, with or without
restrictions. In order for this scenario to apply, the failure to return to
work must be voluntary and must not be due to the disability or allowed
conditions in the claim.
Supporting documentation: The employer must provide BWC all of the
to return to work by the physician of record, with or without restrictions;
bona fide written offer from the employer to make clear the claimant has a
position to which to return;
attempts to reach the claimant; and
the release to return to work includes restrictions, the employer’s written job
offer must accommodate those restrictions.
Resolution: Upon receipt of the documentation, BWC will use the release
to return to work date as the “return to work” date for purposes of determining
the days absent for that specific claimant and will request that DSH recalculate
the employer’s eligibility for a Performance Bonus.
circumstances related to Safety Council where BWC should NOT grant relief:
to attend the required number of meetings. An employer’s operational
requirement that precludes an employee from attending a safety council event is
not a valid extenuating circumstance, since any employee from the employer may
attend and be credited for this requirement. In addition, credit for two
meetings can be obtained by attending non-safety council events (e.g., OCOSH
training classes, Safety Congress).
does not attend any Safety Council sponsored events. The CEO has ten or more
opportunities to attend one event. Because the CEO has other, more pressing
duties or obligations (e.g. accident, sickness) and was unable to attend the
event he/she had planned on attending is not an extenuating circumstance. The
fact that the CEO waited until the very last event to attend, and then was
unable to attend, is not a valid reason to reverse the disqualification.