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.