Policy Name:	Drug-Free Safety Program (DFSP) Safety 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, 2015
Approved:	Kevin R. Abrams, Chief of Employer Services
Origin:	Employer Policy
Supersedes:	Drug-Free Safety Program (DFSP) Safety Grants policy revised July 1, 2014.
History:	New policy, November 1, 2011. Revised effective July 1, 2014, July 1, 2015.
Review Date:	July 1, 2020

 

 

I.      Policy Purpose

 

The Ohio Bureau of Workers’ Compensation (BWC) will offer DFSP Safety Grants to eligible employers in accordance with the applicable laws and rules.

 

II.    Applicability

 

This policy applies to BWC Employer Programs, BWC Division of Safety and Hygiene (DSH), and employers.

 

III.   Definitions

Unless otherwise defined, all terms used in this policy carry the same meaning as set forth in BWC Employer Services’ Drug-Free Safety Program Policy.

IV.  Policy

A.    Program purpose.

1.    BWC provides start-up grants (Safety Grants) to participating employers to partially offset the costs involved in creating a compliant DFSP in the employer’s workplace.

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

B.    Eligibility criteria.

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

a.    Be participating in the Basic or Advanced DFSP.

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

c.     Have active Ohio workers’ compensation coverage at the time of application and maintain active coverage for the entire program year.

d.    Be current (not more than forty-five (45) days past due) on any and all undisputed premiums, administrative assessments, fines or monies otherwise due BWC. An amount due BWC is “undisputed” if the employer has not filed a formal protest through BWC’s Complaint System. If any monies due have been certified to the Attorney General for collection, the employer is not eligible for a Safety Grant, unless the certified amount has been placed in a hold status due to an appeal.

e.    Be in its initial program year of DFSP participation, or the program year immediately following.

i.      Previous enrollment in the discontinued Drug-Free Workplace Program is not considered previous enrollment in DFSP for purposes of determining eligibility for the DFSP Grants Program.

ii.     If a company is sold and the new owner obtains a new workers’ compensation policy number, the company’s participation in DFSP prior to the acquisition and issuance of the new policy number is not considered previous enrollment in DFSP for purposes of determining eligibility for the DFSP Grants Program.

2.    Client employers in a Professional Employer Organization (PEO) relationship are eligible to apply for a DFSP Safety Grant under the following conditions:

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

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

3.    Employers participating in DFSP but not receiving the DFSP bonus due to concurrent participation in BWC rating or employer programs that are incompatible with the DFSP bonus (as set forth in OAC 4123-17-74 Appendix C) are eligible for a Safety Grant if all other program eligibility requirements are met.

4.    The following employers are not eligible for the DFSP Grants Program:

a.    Self-insuring employers.

b.    State agencies.

c.     Professional employer organizations (PEOs).

d.    Employers participating in a DFSP Comparable program.

e.    Employers returning to DFSP after a period of non-participation.

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

C.   Application.

1.    Employers must complete the Drug-Free Safety Program Safety Grant application, which can be found in the Drug-Free Safety Program SafetyGrant$ Procedural Guide.

2.    Employers may apply for grant money more than once. BWC requires a new application when re-applying.

D.   Operation of program.

1.    Safety 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 put on hold 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 Safety Grant is awarded as a reimbursement. The employer must pay for reimbursable expenses (as defined below) then apply for reimbursement of a portion 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 is not able to 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.    Written DFSP policy in conjunction with legal review.

i.      One time only review from external, non-corporate licensed attorney.

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

b.    Employee education.

i.      Direct service offered by qualified substance 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 year and the program year immediately following.

b)    BWC will consider reimbursement for multiple shifts and multiple location employer.

ii.     Online/web-based with requirement that employees 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 year and the program year immediately following.

iii.    “Train the Trainer” training from 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, for up to two managers who are employees of the DFSP employer (not consultants), during the initial program year and the program year immediately following.

b)    The 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.

iii)   The trainees must pass a written test.

d)    The following additional webinar documentation must submitted:

i)      Certificates of completion for all participants who will be providing Drug-Free education to employees.

ii)     Name of the vendor company.

iii)   Name of the qualified substance professional that led the webinar.

iv)   Date and time of the webinar.

c.     Supervisor training.

i.      Direct service with qualified substance 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 yet 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 year immediately following the initial program year.

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

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/or training such as duplicating costs, room rental, equipment rental or purchase, or food.

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

g.    Duplication of the written DFSP policy.

h.    Supervisor train-the-trainer classes.

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

9.    BWC will hold the employer responsible to use the grant in the intended manner. An employer may face civil and criminal consequences if it misappropriates or misuses grant funds.

E.    Removal/exit from program.

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

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

F.    Resolution of complaints.

1.    Employer complaints should be processed under the General Employer Complaint Policy.

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

G.   Scenarios.

1.    An employer submits an application for reimbursement for legal review of its written drug-free policy. The application indicates that the attorney who reviewed the written 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 policy, the reviewer must be an external party, and not an employee of the employer.

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

Response: If an employer is disqualified by BWC from the DFSP program and the employer received a grant for services rendered during the now-inactive program period, BWC will recover the 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 two years of start up of the DFSP. However, BWC may permit reimbursement for multiple training sessions for multiple shifts and/or locations upon review of the employer’s operational needs. Online/web based training reimbursement is also available.