Policy Name:	Drug-Free Safety Program (DFSP) Grants
Policy #:	EP-04-03
Code/Rule Reference	Ohio Revised Code (ORC) 4121.37 and Ohio Administrative Code (OAC) 4123-17-58(J).
Effective Date:	July 1, 2023
Approved:	Rex Blateri, Chief of Employer Services
Origin:	Employer Policy
Supersedes:	Drug-Free Safety Program (DFSP) Safety Grants policy revised July 1, 2015.
History:	Revised December 20, 2023; December 15, 2015; March 18, 2015. New policy November 1, 2011.
Review Date:	July 1, 2028

 

I.       Policy Purpose

 

The Ohio Bureau of Workers’ Compensation (BWC) offers DFSP Grants to eligible employers in accordance with all applicable laws and rules.

II.     Applicability

The policy applies to BWC Employer Programs,  employers, and their authorized representatives.

III.   Definitions

Unless otherwise defined, all terms used in this policy carry the same meaning as set forth in the Drug-Free Safety Program (DFSP) policy.

IV.   Policy

A.      Program purpose.

1.      BWC provides DFSP Grants to participating employers to partially offset the costs involved in creating a compliant DFSP in the employer’s workplace.

2.      DFSP Grants may not fully cover the employer’s cost of implementing the DFSP.

B.      Eligibility criteria.

1.      To qualify for DFSP Grants, the employer must:

a.      Be participating in the DFSP Basic level or the DFSP Advanced level;

b.      Be a state-fund private employer (PA employer) or a public employer taxing district (PEC employer);

c.       Have active Ohio workers’ compensation coverage, which does not include the coverage status of “no coverage” or “lapsed,” and maintain active coverage for the entire program period;

d.      Be current with respect to all payments due BWC as defined in OAC 4123-17-14; and

e.      Be in the first program period of DFSP participation, or the second program period of DFSP participation, without a gap in participation.

2.      If a successor employer obtains a new workers’ compensation policy number, the predecessor employer’s participation in the DFSP is not considered for purposes of determining eligibility for DFSP Grants.

3.      Client employers in an Alternate Employer Organization (AEO) relationship, or a Professional Employer Organization (PEO) relationship, are eligible to apply for a DFSP Grant under the following conditions:

a.      The client employer must be enrolled in the DFSP and apply for the DFSP Grant under its own BWC policy number; and

b.      Proof of premium payment to the AEO or the PEO must be submitted to BWC upon request.

4.      Employers participating in the DFSP who are ineligible for the DFSP bonus due to program compatibility, are eligible for a DFSP Grant if all other program eligibility requirements are met. Program compatibility is set forth in OAC 4123-17-74, Appendix C.

5.      The following employers are not eligible for DFSP Grants:

a.      Self-insuring employers;

b.      State agencies;

c.       AEOs;

d.      PEOs;

e.      Employers participating in a comparable program;

f.        Employers returning to the DFSP after a period of non-participation; and

g.      Employers paying only the minimum administrative charge, subject to the exception for client employers in an AEO relationship or a PEO relationship noted above.

C.      Application.

1.      Employers must submit the Drug-Free Safety Program (DFSP) Grants Application (DFSP-7) and the Drug-Free Safety Program (DFSP) Grants Agreement (DFSP-8).

2.      Employers may apply for DFSP Grants more than once. BWC requires a new application and agreement when re-applying.

D.     Operation of program.

1.      DFSP Grants are available on a first come, first served basis while funding and BWC resources are available. The program and funding may be discontinued or suspended at any time.

2.      BWC reserves the right to limit the amount of reimbursements and to set caps on such reimbursements for each and every specific reimbursable drug-free service and to limit which drug-free services are eligible for reimbursement.

3.      The DFSP Grant is awarded as a reimbursement. The employer must pay for reimbursable expenses, as defined below, then apply for reimbursement of those expenses.

4.      The employer’s request for reimbursement must be submitted within one year of the conclusion of the second year of participation.

5.      Employers must provide documentation of expenses including, but not limited to, service invoices and proof of payment.

a.      BWC does not reimburse bundled charges. All service invoices accompanying requests for reimbursement must be itemized.

b.      Acceptable documentation for proof of payment for a service is the employer’s paid invoice and a copy of the canceled check or other form of payment to verify the expenditure.

6.      Reimbursable expenses.

a.      Legal review resulting in an initial written DFSP policy.

i.        The one-time only legal review must be provided by an external, non-corporate licensed attorney.

ii.      BWC will reimburse the actual cost of an external legal review of the employer’s initial DFSP policy, up to a total of $750. The services must be properly documented and result in the development of a written DFSP policy submitted to BWC.

iii.    BWC will not reimburse intermediary charges or upcharges. Only expenses directly billed by the attorney are eligible for reimbursement.

b.      Employee education.

i.        Direct service offered by a qualified substance abuse professional, including a webinar.

a)      BWC will reimburse the actual cost up to a maximum of $250 per hour for one hour during the initial program period and the program period immediately following.

b)     BWC will consider reimbursement for an employer with multiple shifts or multiple locations.

ii.      Online or web-based education which requires employees to pass a quiz. BWC will reimburse the actual cost up to a maximum of $25 per employee with a maximum total of $1,000 per year during the initial program period and the program period immediately following.

iii.    Train-the-trainer training delivered by a qualified substance abuse professional, including a webinar:

a)      BWC will reimburse the actual cost up to a maximum of $250 per hour for up to three hours, one-time only, to train up to two managers who are employees of the DFSP employer (not consultants), during the initial program period and the program period immediately following.

b)     The DFSP Grant for this service is limited to a $750 maximum.

c)      To be eligible for webinar reimbursement, the following conditions must be met:

i)        Each webinar must be limited to a single employer;

ii)      All training material must be received prior to the beginning of the webinar; and

iii)    The trainees must pass a written test.

d)     The following additional webinar documentation must be submitted:

i)        Certificates of completion for all participants who will be providing DFSP education to employees;

ii)      Name of the DFSP vendor;

iii)    Name of the qualified substance abuse professional who led the webinar; and

iv)    Date and time of the webinar.

c.       Supervisor training.

i.        Direct service with a qualified substance abuse professional involved.

a)      BWC will reimburse the actual cost up to a maximum of $300 per hour for two hours ($600 maximum) for each supervisor training class that includes a supervisor who has not had at least two hours of training.

b)     BWC will reimburse the actual cost up to a maximum of $300 per hour for one hour of refresher training ($300 maximum) for each supervisor training class that includes a supervisor who has had at least two hours of training.

ii.      Online refresher training with a quiz is reimbursable. BWC will reimburse the actual cost up to a maximum of $30 per supervisor with a maximum total of $1,200 during the program period immediately following the initial program period.

iii.    Refresher webinar provided by a qualified substance abuse professional. BWC will reimburse the actual cost up to a maximum of $300 for one hour during the program period immediately following the initial program period.

7.      The following expenses are not reimbursable:

a.      In-house training staff;

b.      Consultant, broker, third-party administrator (TPA), or consortium participation fees;

c.       Substance testing;

d.      Salaries or wages for staff conducting training;

e.      Charges for education and training such as duplicating costs, room rental, equipment rental or purchase, or food;

f.        Employee-assistance expenses related to assessment or treatment services;

g.      Duplication of the written DFSP policy;

h.      Supervisor train-the-trainer classes; and

i.        Expenses previously reimbursed under the Substance Use Recovery and Workplace Safety Program.

8.      DFSP vendors are not eligible for reimbursement of in-house expenses related to the development of their own DFSP. A possible reimbursable expense might be having the service vendor’s own company DFSP policy reviewed by legal counsel.

9.      BWC will hold the employer responsible to use the DFSP Grant in the intended manner. An employer may face civil and criminal consequences if DFSP Grant funds are misappropriated or misused.

E.      Removal/exit from program.

1.      BWC may disqualify an employer participating in DFSP Grants if the employer fails to satisfy program requirements or misrepresents information when submitting a DFSP Grant request. An employer misrepresenting information on the DFSP Grant request will be required to repay any misappropriated funds to BWC.

2.      If the employer voluntarily withdraws or is disqualified by BWC from the DFSP and the employer received a DFSP Grant for services rendered during that program period, the employer will be required to repay the DFSP Grant funds to BWC.

F.      Resolution of complaints.

1.      Employer complaints are processed under the General Employer Complaint Policy.

2.      BWC has not identified any program-specific extenuating circumstances that apply to DFSP Grants.

G.     Scenarios.

1.      An employer submits an application for reimbursement for legal review of its written DFSP policy. The application indicates the attorney who reviewed the written DFSP policy was the Chief Legal Officer of the company.

Response: The application is denied. DFSP Grant funds cannot be used to reimburse wages and salaries of employees of the company. In order for BWC to reimburse the employer for a legal review of the written DFSP policy, the reviewer must be an external party, and not an employee of the employer.

2.      An employer enrolls in the DFSP for the program period beginning July 1. The employer receives a DFSP Grant on August 5. On April 15 of the following year, BWC determines the employer is ineligible for the DFSP bonus due to failure to submit its annual progress report by the March 31 deadline.

Response: If an employer is ineligible for the DFSP bonus and the employer received a DFSP Grant for services rendered during the program period, BWC will recover the DFSP Grant amount.

3.      An employer requests reimbursement for multiple employee training sessions. The employer claims it cannot have its second and third shift employees attend during the day when the first shift employees are being trained due to production schedules. The employer also has several facilities that are physically separate from one another and the distance is such that the employees at the other locations cannot attend the training being conducted at the employer’s main facility.

Response: Employers can be reimbursed the actual cost of employee training up to a maximum of $250 per hour, limited to one hour of training for each of the first two program periods of the DFSP. However, BWC may permit reimbursement for multiple training sessions, multiple shifts, or multiple locations upon review of the employer’s operational needs. Online or web-based training reimbursement is also available.