Drug-Free Safety Program (DFSP)
4123.34, 153.03. OAC 4123-17-58;
4123-17-74 Appendices A,
July 1, 2015
Drug-Free Safety Program policy effective September 4,
Revised October 18, 2016; May 5, 2015; February 17,
2015; July 6, 2012; September 22, 2011. New policy issued July 8, 2010.
July 1, 2020
The Ohio Bureau of Workers’
Compensation (BWC) will offer a Drug-Free Safety Program (DFSP). Employers that
participate in the program may receive a premium incentive rebate. BWC will administer
the DFSP in accordance with the applicable laws and rules.
This policy applies to BWC
Employer Programs, BWC Field Operations, Division of Safety & Hygiene (DSH),
employers, and third party administrators (TPAs).
employer: A sole proprietor, partnership, association, limited liability
company, or corporation that enters into a PEO agreement and is assigned shared
employees by the PEO. Client employer does not mean a non complying employer as
defined in OAC 4123-14-01. ORC
program: A program referred to in ORC 153.03. A drug-free workplace program
with elements that are essentially similar to BWC’s DFSP, except for the safety
authority: Any state agency or other state instrumentality that is
authorized to award a public improvement contract. ORC 153.03(A)(1)
Safety Program (DFSP): BWC’s loss prevention and safety program to prevent
and reduce the risk of workplace accidents and injuries attributed to the use
and abuse of alcohol and other drugs, including prescription, over-the-counter,
and illegal drugs. DFSP replaced the Drug-Free Workplace Program (DFWP)
effective July 1, 2010.
year participant: An employer that applied for the program for the first
time and is in its initial program period.
program period: The first full year an employer participates in the
DFSP. There can be only one “initial program period” per policy number. An
employer returning to DFSP after a period of non-participation will not be
considered in its initial program period.
Employer Organization (PEO): A sole proprietor, partnership, association,
limited liability company, or corporation that enters into an agreement with
one or more client employers for the purpose of co-employing all or part of the
client employer’s workforce at the client employer’s work site. PEO does not
include a temporary service agency. ORC
period: The policy year an employer participates in the DFSP; except for a
private employer that participates in the DFSP starting January 1, 2014, the
program period is January 1, 2014, to June 30, 2015.
improvement contract: Any contract that is financed in whole or in part
with money appropriated by the general assembly or that is financed in any
manner by a contracting authority, and that is awarded by a contracting
authority for the construction, alteration, or repair of any public building,
highway, or other public improvement. ORC 153.03(A)(9)
premium: The employer’s calculated premiums before any administrative costs
or Disabled Workers’ Relief Fund (DWRF) assessments are added.
substance abuse professional: A qualified professional who holds one or
more of the following substance credentials:
employee assistance professional (CEAP).
medical review officers (MRO).
officer with at least three years of experience in the past five years.
chemical dependency counselor (LCDC II).
independent chemical dependency counselor (LICDC).
practical nurse (LPN), Bachelor of Science in nursing (BSN) and Master of
Science in nursing (MSN) with a specialization in substance abuse.
professional counselor (e.g. psychologist, social worker).
certified prevention specialist (OCPS I & II).
abuse professional (SAP).
Abuse Professional Administrator Association (SAPAA) certified.
11. A person
with equivalent experience in the substance field within the past five years as
evaluated by BWC.
comparable credential within the substance field that is determined equivalent
Management Self-Assessment (SH-26): The SH-26 is intended to help employers
evaluate their safety and claims management systems and identify opportunities
for improvement. The form contains eleven (11) safety and health categories
considered critical to an effective safety and health process. The person(s) in
the organization most familiar with the current safety and claims management
process should complete the form.
position or function: Any job, position or work-related function or job
task designated as such by the employer, which through the nature of the
activity could be dangerous to the physical well-being of or jeopardize the
security of the employee, co-workers, customers, or the general public through
a lapse in attention or judgment.
An employee who supervises others in the performance of their jobs, has the
authority or responsibility to initiate reasonable suspicion testing and
recommend or perform hiring or firing procedures.
qualify for benefits the employer must, as of the application deadline:
current with respect to all payments due BWC as defined in OAC 4123-17-14(A)(1)(b).
current on the payment schedule of any part-pay agreement into which it has
entered for payment of premiums or assessment obligations.
Not have cumulative lapses in workers’ compensation coverage in excess
of forty (40) days within the prior twelve (12) months.
in an active policy status. “Active policy status” does not include an employer
with a coverage status of “no coverage” or “lapsed”.
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 for DFSP benefits, but may receive
technical assistance from BWC:
employers. However, a self-insuring employer may enroll in the Comparable program
in order to work, bid, provide labor service, or supervise workers on state
PEO is not eligible to receive DFSP benefits unless the PEO and each of the
PEO’s clients meet all eligibility and program requirements.
employer BWC determines to be ineligible for the DFSP may appeal the decision
to the BWC Adjudicating Committee, per ORC 4123.291.
employer found ineligible for the DFSP may reapply for a subsequent program period.
Requirements / BWC evaluation of application.
employer must file an Application for Drug-Free Safety Program (U-140) to initially
apply for the program. Employers that apply for DFSP after a period of
non-participation must also apply by using a U-140. BWC will accept
and via mail and fax.
deadlines (see OAC 4123-17-74 and appendices):
private employers (PA) applications must be filed by the last business day of May
prior to the July 1 to June 30 program period.
public employer – taxing districts (PEC) applications must be filed by the last
business day of November prior to the January 1 to December 31 program period.
employer applying for renewal in DFSP must utilize the annual report and must
identify the program/level that it wishes to participate in for the subsequent
program period. See section IV(D).
employer must apply annually to participate in the DFSP. Renewal is not
C. Operation of
employer has three (3) options for participation in DFSP: Basic level, Advanced
level, and Comparable program.
is no maximum number of years that an employer can participate in DFSP.
employer may move up or down from one level to the next each program period, or
opt out of the program and then re-apply.
An employer is not required to participate at the Basic level prior to
participating at the Advanced level.
level. To implement a Basic DFSP level, the employer must implement the program
elements below by meeting the requirements and timeframes for each element.
The employer must complete a Safety Management Self-Assessment (SH-26) within
thirty (30) days of the start of the program period. An individual SH-26:
valid for twelve (12) months; and,
be used by BWC when evaluating all program applications that require an SH-26.
The employer must ensure each supervisor completes accident-analysis training
within thirty (30) days of the start of the initial program period.
new supervisors must complete the training within sixty (60) days of becoming a
is a one-time only training requirement if the employer has no break in participation.
The employer must submit an online Accident Report (DFSP-1) for
all allowed BWC claims within thirty (30) days of an accident or becoming aware
of the accident.
The employer must have a written DFSP policy in place within ninety (90)
days of the start of the initial program period outlining the details of its
DFSP program. First year participants must provide a copy of the DFSP policy to
BWC with the DFSP Annual Report. The employer’s written DFSP policy must
contain the following elements:
a full and fair disclosure of the reasons for implementing the policy.
provisions and procedures.
and rights of all employees subject to the provisions and procedures of the
of an employee’s failure to comply with the policy.
DFSP applies to all employees.
A written commitment to employee health and support for employees
seeking help with a substance abuse problem.
Employers are encouraged to have the policy reviewed by knowledgeable
legal counsel prior to implementing their policy.
Employers participating in the Basic level may terminate an employee on the
first positive test result.
Employee education: The employer must provide each employee and
supervisor with one (1) hour of initial training and one (1) hour of refresher
BWC does not require specific content for employee and supervisor
education. However, BWC encourages the employer to have educational content that:
awareness and understanding of the content of the employer’s written DFSP
about the safety, security, and health risks, as well as the declining
productivity, associated with the use of alcohol and other drugs in the workplace.
year participants must complete education requirements within the first four (4)
months of the initial program period start date.
training must be completed by the due date for the DFSP Annual Report.
employees must receive training within eight (8) weeks of their date of hire.
qualified substance abuse professional must conduct the educational sessions or
be involved in designing required content and be available to answer questions
the presenter cannot answer.
employer must submit a sign-in sheet from an education session held during the
program period and one (1) invoice from an education service vendor with the
DFSP Annual Report each year.
skill-building training: First year participants must provide two (2) hours of
initial supervisor skill-building training within four (4) months of the initial
program period start date. Employers must provide one (1) hour of annual
refresher skill-building training for all supervisors in support of the employer’s
written DFSP policy and procedures.
Employers must use a trainer who is a qualified substance abuse professional.
New supervisors should receive the initial two (2) hour skill-building training
within eight (8) weeks of becoming a supervisor.
The content of supervisor training must include, at minimum:
observation aimed at detecting when an employee may be in violation of the
employer’s DFSP policy and intervention before there is an
of the behavior that suggests reasonable suspicion and justifies an
and professional confrontation of the behavior that suggests a possible
violation of the employer’s DFSP policy before there is an
to make referrals for testing.
to make a referral for assistance, including a substance assessment.
employer must submit a sign-in sheet from a supervisor training session held
during the program period and one invoice from a training service vendor with
the DFSP Annual Report each year.
and alcohol testing: The DFSP program must include alcohol and other drug
testing which conforms to the federal testing model promulgated by the United
States Department of Health and Human Services (HHS). The employer must implement
and pay for testing required by DFSP participation, but is not required to pay
for re-testing requested by an employee and follow-up testing. Requirements for
drug and alcohol testing include, but are not limited to, the following:
Employers participating in BWC’s Drug-Free Safety Program will, at a
minimum, utilize the 5-panel plus Ecstasy drug test protocol. Employers
will pay for all testing except as noted below. Employees subject to federal
testing regulations (e.g. commercial driver’s license - CDLs) will follow
federal requirements whenever testing occurs in relationship to federal
Testing procedures must be in place no later than ninety (90) days
from the start of the program period.
Federal cut-off levels for individual drugs will apply except for
additional drugs where the cut-off levels for testing positive are established
by a laboratory certified by the Substance Abuse and Mental Health Services
Administration, an operational unit of HHS.
cut-off level will be set by employer, based on its individual industry needs
and hazards. BWC recommends 0.04 Blood Alcohol Concentration (BAC) or above as
the cut-off level for a positive test.
hundred percent (100%) pre-employment drug testing (or new hire drug testing or
a combination of the two) for PA employers and one hundred percent (100%) of
safety-sensitive positions for PEC employers.
suspicion alcohol and other drug testing as appropriate.
alcohol and other drug testing for anyone who may have caused or contributed to
an accident following an investigation for PA employers and, with documentation
of reasonable suspicion following an accident, for PEC employers. Exception: An
employer does not have to conduct a post-accident drug test if all of the
following conditions exist:
The accident resulted in no injury or a minor injury, even when off-site
medical attention was required.
There was no violation of work rules.
accident investigation determined there was no reasonable suspicion related to
accident is considered normal in relationship to the job functions of the
alcohol and other drug testing are required for employees who are given a
second chance after a positive test. The employer’s written DFSP policy should
state who will pay for these tests.
(subsequent to return-to-duty) alcohol and other drug testing for employees who
are allowed to retain employment following a positive test and return to duty.
Follow-up testing must consist of at least three (3) unannounced tests over the
following year from the return-to-duty date.
Use of a certified laboratory, collection site, and a certified Medical
Review Officer (MRO).
testing information as required on the DFSP Annual Report and provide copies of
invoices from the employer’s collection site for testing services.
Employee assistance: Within ninety (90) days of the start of the program
period, employers must provide a list of local employee assistance resources for
employees who request help and employees who test positive for alcohol or
level. To implement an Advanced DFSP level, the employer must meet all of the
requirements of a Basic DFSP level and implement the program elements and requirements
employer must ensure its written DFSP policy clearly reflects how random drug
testing will be implemented and how additional employee assistance will be
PA employers must conduct random drug testing of fifteen percent (15%)
or more of their total average annual workforce during the program period.
PEC employers must conduct random drug testing of fifteen percent (15%)
or more of their safety-sensitive workforce during the program period.
Employers subject to federal testing regulations will follow federal
requirements for random drug testing. Employers may find additional information
at the U.S. Department of Labor website.
employers may enter into a consortium with a vendor for the purposes of pooling
employees from multiple employers for random drug testing. The consortium
will then conduct random drug tests on fifteen percent (15%) of all employees
in the pool.
employers may also enter into a consortium for the purposes of random drug
testing of safety-sensitive employees. The consortium will then conduct random
drug tests on fifteen percent (15%) of all employees in the pool.
The employer must establish a relationship with an employee assistance
professional for employees who are referred.
The employer must pay the costs of a substance assessment of an employee
forward voluntarily to indicate he or she has a substance problem, or;
referred by a supervisor.
Nothing in this policy requires an employer to pay for treatment of an
alcohol or drug problem nor for follow-up testing after the assessment or the
completion of treatment.
may be circumstances that may justify a shared cost for an assessment related
to collective bargaining agreements or employee-negotiated benefits (e.g. a
required health care co-pay).
The employer must submit a Drug-Free Safety Program – Safety Action Plan
on the results of the SH-26 within sixty (60) days of the start of the program period.
The DFSP-5 outlines specific safety process improvements the employer intends
to implement during the remainder of the program period.
Advanced level employers commit to not terminate any employee who:
positive for the first time, or;
forward voluntarily to indicate he or she has a substance problem, or;
referred by a supervisor for an assessment.
Employees may be terminated for other causes (e.g. violations of other
company rules) in accordance with company policy. BWC has no role in
whether an employee is or is not terminated but, rather, determines whether
termination meets the Advanced Level DFSP requirements for continued
participation in the program.
Multi-state employers with company-wide policies specifying termination
on first positive drug/alcohol test may be allowed to terminate on first
positive provided prior approval has been received from BWC. There are
other situations, such as employers that operate a safety-sensitive business
that BWC may consider in determining whether a termination on a first positive
meets the Advanced Level DFSP requirements for continued participation in the
employer in the Advanced Level may voluntarily move to the Basic Level during
the program period. If BWC disqualifies an employer from the Advanced Level due
to inadequate random drug testing or termination on first positive, the
employer may continue to participate at the Basic Level. In both cases, the
employer must meet all Basic Level requirements. The employer will only be
eligible for the Basic Level bonus.
and state-fund employers that wish to have a Comparable program must submit a
153.03 states that a public improvement contractor or subcontractor must be
enrolled in, and be in good standing with, BWC’s DFSP or a Comparable program
approved by BWC.
Prior to providing labor services or on-site supervision of such labor
services under a public improvement contract, employers participating in the Comparable
Develop, implement, and provide to all employees a written substance use
policy that conveys full and fair disclosure of the employer’s expectations
that no employee be at work with alcohol or drugs in the employee’s system and
specifies the consequences of violating the policy.
Complete all employee education by requiring all employees to receive at
least one (1) hour of training that increases awareness of and attempts to
deter substance abuse and supplies information about employee assistance to
deal with substance abuse problems.
Require all supervisors to receive one additional hour of training in
skill building to teach each supervisor how to observe and document employee
behavior and intervene when reasonable suspicion exists of substance abuse.
all supervisors and employees to receive the training described in IV.C.4.c.ii
above before a public improvement contract commences or during the term of the
public improvement contract.
See ORC 153.03(E) regarding additional requirements of the public
employer completing program requirements may be eligible for the bonus amount outlined
in the appendix
to OAC 4123-17-75.:
Four percent (4%) times the employer’s pure premium cost for the program
period if the employer is in the Basic level.
Seven percent (7%) times the employer’s pure premium for the program period
if the employer is in the Advanced level.
No bonus is offered for a Comparable program.
qualify for the bonus, the employer must:
Have coverage that is in an active policy status at the time of
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.
The DFSP bonus and the discounts earned through participation in other Destination:
Excellence programs 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 period.
adjustments made to an employer’s account after the issuance of the bonus may
result in recalculation of the bonus.
employer participating in the DFSP may participate in other compatible BWC
rating and discount programs. Employer program compatibility is outlined in OAC
private employer with an active BWC policy may enroll in the DFSP without
receiving a bonus (Comparable program) in order to be placed on BWC’s database
of employers eligible to bid on state-funded construction projects.
may offer DFSP grants to offset, in whole or in part, the costs incurred by
employers implementing a Basic or Advanced DFSP program and meeting the DFSP
grant program’s eligibility requirements. See the policy titled Drug-Free
Safety Program (DFSP) Safety Grants for additional information.
year participants returning after a period of non-participation must complete
all the program requirements for a first year participant, with the following
exception: Supervisors that previously completed the initial two hour
supervisor training requirements are not required to repeat the training if the
employer’s break in participation was one year or less. All new supervisors
must complete the training.
10. BWC may
accept education and training requirements from a first year participant that
are completed up to six (6) months prior, or up to four (4) months subsequent,
to the initial program period start date.
partners with Ohio Mental Health and Addiction
Services (OMHAS) to provide a vendor list of
companies and individuals qualified to supply services related to a drug-free
D. Annual report to
BWC and renewal requirements.
must submit an annual progress report to BWC using either DFSP Annual Report –
Basic and Advanced Levels (DFSP-3) or DFSP Annual Report – Comparable Program
the July 1 program period, the annual report is due by the last business day in
the January 1 program period, the annual report is due by the last business day
BWC will begin accepting online submissions of the annual report one (1)
month before the deadline.
to submit the annual progress report to BWC by the established deadline will
result in removal of the employer from the DFSP.
order to qualify for renewal, the employer must have implemented all the
requirements of its Basic or Advanced level DFSP.
employer must use the annual report to apply for renewal. Renewal is not
automatic. The employer will indicate the program level desired for the
following program period on the annual report. The employer may also use the
annual report to decline participation for the next program period.
annual report must detail the employer’s program implementation and report
annual statistics as required by BWC.
employer must provide any follow-up documentation and maintain on-site
statistics as required by BWC.
annual report and any other information submitted by the employer in meeting DFSP
requirements will be considered part of the annual statement submitted to BWC
as required by ORC 4123.26.
BWC shall hold the annual report and any other documentation submitted
by the employer to meet DFSP requirements as confidential, pursuant to ORC 4123.27.
PEO participating in DFSP must submit a client list to BWC by the annual report
list must include all client employers with whom the PEO had an agreement, as
of thirty (30) days prior to the annual report deadline.
list must include each client employer’s name, address, federal tax
identification number, BWC risk number; and the amount of payroll, listed by
manual classification code, reported by the PEO on behalf of each client
If BWC determines the PEO manipulated the client list, the PEO will be
ineligible to receive DFSP benefits.
will hold the client list as confidential pursuant to ORC 4125.05.
in the DFSP is voluntary.
in this policy shall:
modify, or amend any collective bargaining agreement.
the rights or obligations of an employer, employee, client employer, PEO, or
shared employee under applicable federal or state law.
an employer has a collective bargaining agreement that prevents implementation
of program requirements, that employer is excluded from participation in the
F. Removal /
exit from program.
may remove an employer from DFSP for failure to fully implement a DFSP in
compliance with the program level requirements.
will send written notice to the employer of removal from the program.
employer removed by BWC from DFSP may reapply for the next program period.
BWC may deny an employer’s application for DFSP based on the
circumstances of the employer’s prior participation.
an employer becomes aware that it is unable to fully implement its DFSP by the
required implementation date, the employer must notify BWC immediately.
employer may voluntarily withdraw from the program during the program period by
submitting written correspondence to BWC requesting removal. If the employer
wishes to participate in a future program period, it must file a new U-140.
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 as set forth in OAC
4123-17-14. BWC will not remove an employer if BWC receives the payroll report
and associated premium prior to the expiration of any grace period as set forth
in OAC 4123-17-16.
employer who voluntarily withdraws or is removed from the program will not be
eligible for a bonus for that program period.
G. Resolution of
complaints should be processed under the General
Employer Complaint Policy.
extenuating circumstances that apply to the DFSP:
involving a lifetime one-time exception to filing a DFSP Annual Progress Report
after the reporting deadline.
The employer has failed to submit the annual report of progress by the
established deadline date, or BWC has no record of the report. BWC may
resolve the employer’s complaint by accepting the late progress report and
required documents no later than thirty (30) days from the date BWC notified
the employer it was disqualified from the program. BWC notice may include
either the monthly statement or program disqualification letter. The late
submission may only be accepted if no previous late exceptions have been
granted to the employer for this program.
Supporting documentation: BWC will review the annual report and
required documents to determine if the employer was fully compliant with
requirements for the DFSP year in question. Based on the review, BWC will
recommend approval or disqualification from the DFSP.
If an employer submits its annual report online prior to the deadline
but does not also submit the required documents as specified on the annual
report checklist, the employer shall be considered as having timely submitted
the required report and will not be failed initially. The employer will
not be required to request a one-time exception. However, the employer
must provide the required documentation within five (5) business days of
notice from BWC that the documentation must be submitted. If required
documentation is not submitted after five (5) days, the annual progress report
will be considered late.
involving an employer requesting to change program levels during the program period.
BWC will review a request by an employer to change from Advanced Level
to Basic Level or vice-versa, to determine if all program requirements can be
met by the program deadlines. If program deadlines cannot be met, BWC will
deny the employer’s request.
Example: An employer requests a change from Basic Level to Advanced
Level ninety (90) days into the program period. The DFSP requires an
Advanced Level employer to complete a safety action plan within sixty (60)
days of the start of the program period. If the employer did complete
a safety action plan within the first sixty (60) days of the program period,
the change will be granted. If the requirement was not met, the request
will be denied. Once a deadline is passed, the employer cannot go back and
meet that specific requirement.
Supporting documentation: Employer will provide written
documentation showing that it can meet, or has met, all required elements of
the requested level by the required deadlines.
following does not qualify as an extenuating circumstance for the DFSP:
employer received “bad” advice from a drug-free vendor.
H. Transfers and
Not in DFSP.
Action: If a
non-DFSP employer totally succeeds a DFSP employer, the Successor is not
eligible to participate in DFSP until the following program period.
Not in DFSP.
Action: If a
DFSP employer totally succeeds a non-DFSP employer, the Successor remains in
its current DFSP program period. All acquired employees of the predecessor
must be immediately included in the Successor’s DFSP plan, including all
training required of new employees and, if the successor is in the Advanced
Level DFSP, including the predecessor’s employees in the random drug testing
In DFSP Basic Level.
In DFSP Advanced Level.
Successor remains in its current DFSP program period and level of
participation. The predecessor employees are included in the Successor’s
Basic Level program.
In DFSP Advanced Level.
In DFSP Basic Level.
Action: The Successor
remains in its current DFSP program period and level of participation. The
predecessor employees are included in the Successor’s Advanced Level program,
including the random drug/alcohol testing requirement.
Successor is not eligible for the DFSP until the next program period.
employer is in the DFSP one year, drops out for one year, and then enrolls
again. The employer claims it does not need to train its supervisors in
accident analysis since they were trained in the first year of
participation. Is this correct?
Answer: No. This
employer had a break in participation; so it is classified as a first year
participant. First year participants are required to complete all employee
training as if they are entering the DFSP for the first time. Employers
who are enrolled in the DFSP for consecutive years do not have to retrain
supervisors in accident analysis.
employer that is enrolled in the DFSP – Advanced Level buys out a non-DFSP
employer. Are the new employees required to be trained?
Answer: Yes. The
employees of the purchased company must be immediately incorporated into the
buyer’s DFSP, including employee training, supervisor training, accident
analysis training, and random drug/alcohol testing (if applicable). The
employees of the purchased employer do not have to be tested under the “new
hire” provision of the drug/alcohol testing requirements.
employer in DFSP immediately re-enrolls in the DFSP for the following program period
so there is not break in its participation. The employer asks if it has to
re-do its safety review. The employer wants to just use the safety review
it conducted last program period. Is this OK?
Answer: No. For
each program period that an employer participates in the DFSP, it is required
to complete a safety review. If the results are the same as the previous
year’s safety review, this may indicate that the employer is making no progress
in improving its safety process.
multi-state employer wants to participate in the Advanced Level but its
corporate policy requires employee termination on first positive for a
drug/alcohol test. Can they participate in Advanced Level?
employers may have established policies requiring employee termination on first
positive which contradicts the requirements of the DFSP Advanced Level. In
this situation, multi-state employers, employers with corporate policies that
require employee termination on any positive drug/alcohol test, and employers
with safety sensitive operations may participate in the Advanced Level provided
they receive permission from BWC prior to enrolling in the Advanced Level. An
example of a safety sensitive operation may be a security firm with armed
employees where the liability of retaining an employee with a positive test may