OhioBWC - Basics: (Policy library)

OhioBWC - Basics: (Policy library) - File

Policy Name:	Substance Use Prevention and Recovery Program (SUPR)
Policy #:	EP-19-05
Code/Rule Reference	Ohio Revised Code (ORC) 153.03, 4123.26, 4123.27, 4123.29, and 4123.34. Ohio Administrative Code (OAC) 4123-17-58; 4123-17-74, including Appendices A, B, and C; and 4123-17-75, including Appendix.
Effective Date:	July 1, 2025
Approved:	Rex Blateri, Chief of Employer Services
Origin:	Employer Policy
Supersedes:	Drug-Free Safety Program policy effective July 1, 2023.
History:	Revised July 1, 2025; May 4, 2023; March 8, 2022; May 6, 2019; October 18, 2016; May 5, 2015; February 17, 2015; July 6, 2012; September 22, 2011. New policy issued July 8, 2010.
Review Date:	July 1, 2030

I. Policy Purpose

A. The Ohio Bureau of Workers' Compensation (BWC) offers a Substance Use Prevention and Recovery Program (SUPR). Employers participating in the program may receive a SUPR bonus.

B. The SUPR also provides reimbursement to assist employers in hiring or retaining workers in recovery. The SUPR reimbursement provides reimbursement for employer written policy development and review relating to substance use issues; employee and supervisor training; substance use assessments; and employee substance use testing to better manage and retain workers in recovery. The purpose of the SUPR reimbursement program is to:

1. Lessen the impact of substance use disorders on Ohio's workforce;

2. Help Ohio's employers keep employees in recovery at work;

3. Assist employers hiring and managing employees in recovery; and

4. Promote a safe and healthy workforce.

C. BWC will administer the SUPR in accordance with all applicable laws and rules.

II. Applicability

This policy applies to BWC Employer Services, employers, and their authorized representatives.

III. Definitions

A. Alternate Employer Organization (AEO): A sole proprietor, partnership, association, limited liability company, or corporation that enters into an agreement with one or more client employers for purposes of providing human resource management services and sharing employer responsibility and liability. AEO does not include a temporary service agency. ORC 4133.01(A).

B. Client employer: A sole proprietor, partnership, association, limited liability company, or corporation that enters into an AEO agreement and shares employee responsibility and liability with an AEO or 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 4125.01(B) and ORC 4133.01(C).

C. Contracting authority: Any organized body, office, or agency established by the laws of the state of Ohio, for the exercise of any function of state government, that is authorized to award a public improvement contract. ORC 153.03(A)(1).

D. Drug-free workplace policy: Means an employer’s written policy and procedures 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.

E. Evaluation date: Means June 1 for private employers (PA employers), and December 1 for public employer taxing districts (PEC employers), prior to the commencement of the program period.

F. First year participant: An employer that was approved for the SUPR for the first time, and the employer is in its initial program period.

G. Initial program period: The first full year an employer participates in the SUPR. There can be only one "initial program period" per policy number. An employer returning to SUPR after a period of non-participation is not considered in its initial program period.

H. Professional 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 4125.01(D).

I. Program period: The policy year an employer participates in the SUPR.

J. Public 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).

K. Qualified substance abuse professional: A credentialed professional who conducts, or develops the educational materials for, employee education and supervisor skill-building training. See the definition of "qualified substance abuse professional" in the Substance Use Prevention and Recovery Vendor Directory policy for a list of substance abuse credentials acceptable to BWC.

L. Safety-sensitive position or function: Any job, position, 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.

M. Second chance agreement: A written agreement between an employer and employee, containing the terms and conditions under which an employee, who tests positive for a substance, may maintain their employment and includes elements such as:

1. Referral of the employee to a chemical dependency professional for an assessment;

2. The consequences to the employee for violating the terms of the agreement;

3. The party responsible for paying the costs of any substance use testing done pursuant to the agreement; and

4. The duration of time the employee may be subject to follow-up substance use testing.

N. Substance Use Prevention and Recovery Program (SUPR): Previously known as the Drug-Free Safety Program, BWC’s bonus and reimbursement program for employers who implement a program pursuant to OAC 4123-17-58.

O. State fiscal year: The fiscal year of the state begins on the first day of July of each calendar year and ends at the close of the thirtieth day of June of the succeeding calendar year.

P. Supervisor: An employee who supervises others and who initiates reasonable suspicion testing and recommends or performs hiring or firing procedures.

IV. Policy

A. Eligibility criteria.

1. The employer must as of the evaluation date:

a. Be current with respect to all payments due BWC as defined in OAC 4123-17-14(A)(1)(b);

b. Be current on the payment schedule of any part-pay agreement into which the employer has entered for payment of premiums or assessment obligations;

c. Not have cumulative lapses in workers' compensation coverage in excess of forty (40) days within the prior twelve (12) months, but this specific requirement does not apply to comparable program and reimbursement-only level;

d. Be in an active policy status, which does not include an employer with a coverage status of "no coverage" or "lapsed;" and

e. 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. See the Payroll True-Up policy for additional information.

2. The following employers are not eligible for SUPR benefits:

a. State agencies; and

b. Self-insuring employers. However, a self-insuring employer may enroll in the comparable program. See policy section IV.D.

3. An AEO or a PEO is not eligible to receive SUPR benefits unless the AEO or the PEO, and each of the clients of the AEO or the PEO, meet all SUPR eligibility and program requirements.

4. An employer BWC determines to be ineligible for the SUPR may appeal the decision to the BWC Adjudicating Committee, per ORC 4123.291.

5. An employer found ineligible for the SUPR may reapply once the reason for the rejection has been resolved.

B. Application requirements and BWC evaluation of application.

1. An employer must file an Application for Substance Use Prevention and Recovery (U-140) to initially apply for the program.

2. Bonus application deadlines:

a. For PA employers, applications must be filed by the last business day of March of the program period to be eligible to receive the advanced or basic premium bonus.

b. For PEC employers, applications must be filed by the last business day of September of the program period to be eligible to receive the advanced or basic premium bonus.

3. An employer applying for renewal in the SUPR must use the annual report and identify the program or level the employer desires to participate in for the subsequent program period. See section IV.J. If the employer fails to identify the program or level of participation on the annual report, BWC will renew the employer at the same level for the upcoming program year.

4. An employer that withdrew, or was removed, from the SUPR must file a U-140 with BWC to reapply for the SUPR.

5. Employers requesting inclusion on the state construction contractor look-up must submit a copy of their drug-free workplace policy, documentation of pre-employment and probationary drug testing, and documentation of employee education and supervisor training.

6. BWC may permit an employer who applies after the bonus application deadline, but before the end of the program period, to participate in the SUPR. However, the employer may not be eligible for the SUPR bonus for that program period set forth in the appendix to OAC 4123-17-75. Applications received after March 1 for private employers, and September 1 for PEC employers, will be applied to the current and succeeding policy years.

C. Operation of program.

1. An employer has four options for participation in the SUPR: Basic SUPR level (Basic level), Advanced SUPR level (Advanced level), comparable program, and SUPR reimbursement-only.

a. An employer may change from their current level to a different level once each program period. An employer may opt out of the program, and then re-apply for a subsequent program period.

b. An employer is not required to participate at the Basic level prior to participating at the Advanced level.

c. An employer is not required to participate in the Basic level, the Advanced level, or the comparable program to be eligible to apply for SUPR reimbursements. See section IV.E. below.

2. Basic level. To implement the Basic level, the employer must implement all the program elements below.

a. Safety:

i. The employer must ensure each supervisor completes accident-analysis training no later than submission of the yearly annual report.

a) All new supervisors must complete this training.

b) This training is a one-time only training requirement if the employer has no break in participation.

ii. When lost time claims occur, the employer must use the online SUPR Accident Report (SUPR-1) on BWC's website.

b. Policy:

i. The employer must have a written drug-free workplace policy and provide a copy to BWC yearly with submission of the annual report. The employer's written drug-free workplace policy must contain the following elements:

a) A full and fair disclosure of the reasons for implementing the policy;

b) Program provisions and procedures;

c) Responsibilities and rights of all employees subject to the provisions and procedures of the policy;

d) Consequences of an employee's failure to comply with the policy;

e) The drug-free workplace policy applies to all employees; and

f) A commitment to employee health and support for employees seeking help with a substance abuse problem.

ii. Employers are encouraged to have their drug-free workplace policies reviewed by legal counsel prior to implementation.

iii. Employers participating in the Basic level may terminate an employee on the first positive test result.

iv. Employers requesting to be included on the state construction contractor look-up must submit a copy of the policy prior to inclusion on the list.

v. Emergency personnel of municipalities, including police officers, firefighters, and paramedics, working a special assignment for a site employer are not employees of the site employer and are not included in the site employer's drug-free workplace policy. See the Special Duty Assignment policy for additional information.

c. Employee education: The employer must provide each employee and supervisor with one hour of education annually.

i. The content for employee and supervisor education should be directly relevant to substance use in the workplace and, at a minimum, include content that:

a) Promotes awareness and understanding of the content of the employer's written drug-free workplace policy; and

b) Educates 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.

ii. Education requirements.

a) Employee education must be completed no later than the submission of the annual report.

b) A qualified substance abuse professional must conduct the educational sessions or develop the educational materials. Additionally, if the employee education is not conducted by a qualified substance abuse professional presenter and the presenter receives questions they are unable to answer, the questions will be provided to the substance abuse professional, who will provide answers to the questions within five business days.

c) The employer may send a manager to a train-the-trainer class offered by a qualified substance abuse professional and have the manager conduct the employee education. If the manager receives questions they are unable to answer, the questions will be provided to the substance abuse professional, who will provide answers to the questions within five business days. Educational materials from the train-the-trainer must be updated at least once every five years.

d) The employer must submit sign-in sheets from the education sessions held during the program period and invoices from the education service vendor with the annual report each year.

e) Training must be completed in-person or online, with a post-training learning evaluation.

d. Supervisor skill-building training: First year participants must provide two hours of initial supervisor skill-building training no later than the submission of the annual report. Employers must provide one hour of annual refresher skill-building training for all supervisors in support of reinforcing the employer's written drug-free workplace policy.

i. A qualified substance abuse professional must conduct the supervisor skill-building training or develop the supervisor skill-building materials.

ii. The employer may send a manager to a train-the-trainer class offered by a qualified substance abuse professional and have the manager conduct the supervisor skill-building training. Educational materials from the train-the-trainer must be updated at least once every five years.

iii. New supervisors should receive the initial two-hour skill-building training within eight weeks of becoming a supervisor.

iv. The employer must submit sign-in sheets from the supervisor skill-building training sessions held during the program period, and invoices from the training service vendor, with the annual report each year.

e. Drug and alcohol testing: The SUPR must include alcohol and other drug testing which conforms to the federal testing model promulgated by the United States Department of Transportation. The employer must implement and pay for testing required by SUPR participation, but the employer is not required to pay for re-testing requested by an employee or any follow-up testing. Requirements for drug and alcohol testing include, but are not limited to, the following.

i. Employers participating in the SUPR will, at a minimum, test for the following substances:

a) Marijuana metabolites;

b) Cocaine metabolites;

c) Amphetamines including methamphetamine (MDMA);

d) Opioids – codeine, heroin (6-AM), morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone; and

e) Phencyclidine (PCP).

ii. Employers must pay for all testing unless otherwise noted. Employees subject to federal testing regulations, e.g., commercial driver's license (CDL), will follow federal requirements whenever testing occurs in relationship to federal regulations.

iii. Federal cut-off levels for individual drugs listed in section IV.C.2.e.i. 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 the United States Department of Health and Human Services.

iv. Alcohol cut-off level will be set by the employer, based on its individual industry needs and hazards. BWC recommends using the Department of Transportation cut-off level for a positive test.

v. Testing must occur as follows:

a) All new employees are subject to pre-employment drug testing, new-hire drug testing, or a combination of the two types of testing. PA employers must drug test 100% of applicants or new hires. PEC employers must drug test 100% of applicants or new hires in safety-sensitive positions.

b) All employees and supervisors working on public improvement contracts that have not been tested over the twelve (12) months prior to commencement of the contract must be tested prior to beginning work on the public improvement contract.

c) Reasonable suspicion alcohol testing, drug testing, or both, as appropriate.

d) Post-accident alcohol testing, drug testing, or both, for any employee who may have caused or contributed to an on-the-job accident, unless the accident investigation documents all the following conditions:

i) The accident resulted in no injury or a minor injury, even when off-site medical attention was required;

ii) There was no violation of work rules;

iii) An accident investigation determined there was no reasonable suspicion related to the accident; and

iv) The accident is considered normal in relationship to the job functions of the injured employee.

e) Return-to-duty alcohol testing, drug testing, or both, is required for employees who are return-to-duty pursuant to a second chance agreement between the employer and the employee. The employer's written drug-free workplace policy and second chance agreement should state who will pay for these tests. Employees and supervisors providing labor, or the supervision of labor, on a public improvement construction contract must have a negative return-to-duty test prior to resuming work on the contract.

f) Follow-up tests subsequent to return to duty including alcohol testing, drug testing, or both, for employees who are allowed to retain employment following a positive test and a return to duty, must consist of at least three unannounced tests over the following year from the return-to-duty date.

g) Employers providing labor or supervision of labor on a public improvement project must conduct random drug testing of five percent (5%) or more of their total average annual workforce working on public improvement projects during the program period.

i) PA employers may enter 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 five percent (5%) of all employees in the pool.

ii) Employers utilizing the services of a consortium must provide documentation verifying random drug testing is occurring or none of the employers’ employees were selected. Documentation can include but is not limited to drug testing results, invoices for services provided, or a confirmation from the consortium.

vi. The employer must use the services of a collection site which follows the specimen collection and testing protocols that meet federal testing requirements and report the name of the collection site on the annual report. Urinalysis testing must be performed.

vii. The employer must use a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) for urine analysis and report the name of the laboratory on the annual report.

viii. The employer must secure the services of a certified Medical Review Officer (MRO). The MRO is responsible for receiving and reviewing laboratory results and evaluating medical explanations for certain drug test results.

a) The MRO ensures the timely flow of test result and other information to employers and protects the confidentiality of the drug testing information.

b) The MRO must have no association with the testing laboratory.

c) The name of the MRO must be provided on the annual report.

ix. Employers must report testing information as required on the annual report including collection site, certified laboratory, and MRO. Employers must provide copies of invoices from the collection site for testing services.

f. Employee assistance: Employers must provide a list of local employee assistance resources for employees who request help, or for employees who test positive for alcohol or drugs, annually on the annual report.

3. Advanced level. To implement the Advanced level, the employer must meet all the requirements of the Basic level and implement all the following requirements.

a. The employer must ensure its written drug-free workplace policy clearly reflects how random drug testing will be implemented and how additional employee assistance will be provided.

i. PA employers must conduct random drug testing of fifteen percent (15%) or more of their total average annual workforce during the program period.

ii. PEC employers must conduct random drug testing of fifteen percent (15%) or more of their safety-sensitive workforce during the program period.

iii. 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 Transportation.

iv. Consortium.

a) PA employers may enter 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.

b) PEC employers may enter 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.

b. Employee assistance.

i. The employer must designate at least one substance use professional in advance to be available for employees who are referred.

ii. The employer must pay the costs of a substance use assessment of an employee who:

a) Tests positive;

b) Comes forward voluntarily to indicate he or she has a substance problem; or

c) Is referred by a supervisor.

iii. The employer is not required to pay for treatment of an alcohol or drug problem or follow-up testing after the assessment or the completion of treatment.

iv. There may be circumstances that may justify a shared cost for an assessment or treatment related to collective bargaining agreements or employee-negotiated benefits; e.g., a required health care co-pay.

c. Employee termination.

i. Advanced level employers commit to not terminate any employee who:

a) Tests positive for the first time;

b) Comes forward voluntarily to indicate he or she has a substance problem; or

c) Is referred by a supervisor for an assessment.

ii. 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 terminated, but only determines whether termination meets the Advanced level requirements for bonus eligibility.

iii. BWC may, on a case-by-case basis, allow an Advanced level employer's written drug-free workplace policy to specify termination for an employee's first positive test. The employer must present BWC with a compelling reason for termination on a first positive test. Reasons BWC has accepted in the past include:

a) The employer is a multi-state employer with a corporate policy that explicitly dictates termination; or

b) The employee occupies a safety-sensitive position or function.

d. An employer in the Advanced level may voluntarily move to the Basic level during the program period. However, the employer must meet all Basic level requirements, and the employer will only be eligible for the Basic level SUPR bonus.

4. Application of the SUPR bonus.

a. An employer completing program requirements may be eligible for the SUPR bonus amount outlined in the appendix to OAC 4123-17-75:

i. Four percent (4%) times the employer's premium cost for the program period if the employer is in the Basic level.

ii. Seven percent (7%) times the employer's premium for the program period if the employer is in the Advanced level.

iii. No bonus is offered for a comparable program.

iv. No bonus is offered for employers participating in reimbursement-only.

b. To qualify for the SUPR bonus, the employer must:

i. Have coverage that is in an active policy status at the time of calculation;

ii. Comply with additional program requirements for SUPR bonus eligibility as determined by BWC; and

iii. Report actual payroll for the preceding program period 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, no later than the due date.

c. The SUPR bonus and the incentives earned through participation in other bonus and rebate programs cannot reduce an employer's premium due below the amount of the minimum administrative charge as set forth in OAC 4123-17-26.

d. BWC will not issue a SUPR bonus to an employer paying the minimum administrative charge for the applicable program period.

e. Rate adjustments made to an employer's account after the issuance of the SUPR bonus may result in recalculation of the SUPR bonus.

f. If an employer begins SUPR participation after the first date of the program period, BWC will prorate the employer’s SUPR bonus. An employer who applies for the SUPR after the bonus application deadline as outlined in Appendix A and Appendix B in OAC 4123-17-74 is not eligible for the SUPR bonus.

5. An employer participating in the SUPR may participate in other compatible BWC rating and discount programs. Employer program compatibility is outlined in OAC 4123-17-74, Appendix C.

6. An employer may elect on the U-140 to be placed on BWC's public improvement construction contractor look-up of eligible employers to bid on state-funded construction projects.

a. An employer enrolled and in good standing in the Basic level, Advanced level, or comparable program is eligible to be included on the public improvement construction contractor look-up. An employer enrolled in SUPR reimbursement-only level is not eligible.

b. An employer's status will be listed as "approved" on the state construction contractor look-up upon submission of a fully completed U-140 and BWC verification of program eligibility and compliance.

i. The employer must provide documentation of the implementation, or plans to implement, employee education, supervisor training, and drug testing as outlined in ORC 153.03(B)(2), including the names of the employer's vendors.

ii. BWC will list the employer's status as "not approved" on the state construction contractor look-up if the employer is no longer enrolled and participating in the Basic level, Advanced level, or the comparable program.

7. BWC may accept education and training requirements from a SUPR participant that are completed up to six months prior to the program period start date. However, the education and training can only be used to meet the requirements for one program period.

8. BWC provides the Substance Use Prevention and Recovery Program Vendor Directory to assist employers with their SUPR.

D. Comparable program. To implement the comparable program, the employer must implement all the program elements below.

1. Any employer, whether self-insuring or state-fund, that wishes to have a comparable program must submit a U-140 application.

2. ORC 153.03 states that a public improvement contractor or subcontractor must be enrolled in, and be in good standing with, BWC's SUPR or a comparable program approved by BWC.

a. Employers providing labor services, or on-site supervision of such labor services, under a public improvement contract, must annually:

i. Conduct drug testing on employees, including supervisors, as outlined in section IV.C.2.e. of this policy.

ii. Complete all employee education by requiring all employees to receive at least one 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.

iii. First year participants must provide two hours of initial supervisor skill-building training by the submission of the annual report and then require all supervisors to receive one additional hour of skill-building training yearly.

iv. Require all supervisors and employees to receive the training described above before a public improvement contract commences or during the term of the public improvement contract.

v. Employee and supervisor training must be completed yearly by all employees and supervisors working on public improvement projects.

b. Employers must assist employees by providing a list of community resources from which an employee may obtain help with substance abuse problems.

c. See ORC 153.03 regarding additional requirements of a public improvement contract.

E. SUPR reimbursement.

1. BWC offers SUPR reimbursement for the development and review or revision of a written drug-free workplace policy, employee education, supervisor skill-building training, drug and alcohol testing, and substance use assessments for eligible employers who participate in the SUPR.

2. Eligibility requirements. To qualify for SUPR reimbursement, an employer must:

a. Meet the requirements set forth in policy section IV.A.1.; and

b. Have a physical office located in Ohio.

3. An employer’s continued eligibility for SUPR reimbursement is automatic for each subsequent program period provided the employer continues to meet all eligibility requirements.

4. A client employer of a state fund PEO is eligible for SUPR reimbursement.

5. A client employer of a self-insured PEO (SI PEO) is eligible for SUPR reimbursement if the client employer is reporting payroll for workers’ compensation purposes under the client employer’s policy number.

6. A client employer of an AEO is eligible for SUPR reimbursement if the AEO agreement is not with a self-insured AEO (SI AEO).

7. A state fund AEO, or a state fund PEO, is eligible for a SUPR reimbursement based on their employees that are not subject to an AEO agreement or a PEO agreement.

8. The following employers are not eligible for a SUPR reimbursement:

a. Self-insuring employers;

b. State agencies, including state institutions of higher education and state hospitals;

c. Client employers of SI PEOs that report payroll for workers’ compensation purposes under the SI PEO’s policy number; and

d. Client employers of an SI AEO.

F. General reimbursement requirements.

1. Employers must pay for expenses upfront, as defined below, and apply for reimbursement of those expenses.

2. Employers must provide documentation of itemized expenses including, but not limited to, service invoices and proof of payment. Proof of payment documentation must clearly link the service provided, the invoice for the service from the vendor, and the date on which the service was paid. Acceptable documentation to verify proof of payment for the service provided is the employer’s paid invoice and one of the following:

a. Front and back of cancelled check;

b. Detailed receipt of payment from the vendor;

c. Banking record statement or email verification of payment;

d. Credit card statement; or

e. Another form of payment to sufficiently verify the expenditure.

3. Expenses must be submitted for reimbursement within one year of the date the service was provided.

4. BWC does not permit reimbursement of bundled charges. All service invoices accompanying requests for reimbursement must be itemized.

5. BWC will not reimburse intermediary charges or upcharges by a third-party that is not the servicing provider. Only expenses directly billed by the service provider are eligible for reimbursement.

6. Reimbursement requests for the development or review of written policies relating to substance use issues require submission of a copy of the invoice along with proof of payment. The employer must submit a copy of the written policy upon request by BWC.

7. Reimbursement requests for employee education and supervisor training require submission of proof of attendance, curriculum, a copy of the invoice, and proof of payment.

8. Reimbursement requests for drug and alcohol testing.

a. Reimbursement requires submission of a copy of the invoice along with proof of payment; and

b. A copy of the employer's written drug-free workplace policy including employer second chance agreement. Upon request by BWC, the employer must submit a copy of the chain of custody form corresponding to the drug test for which the employer is requesting reimbursement.

9. An employer is subject to denial of reimbursement, or recoupment of funds reimbursed, if the employer is unable to provide documents requested by BWC in conjunction with a specific reimbursement request.

10. In instances where multiple invoices are submitted by affiliated policies for reimbursement of the same expense, only one policy shall be eligible for reimbursement unless the vendor can document distinct and separate segments warranting individual invoicing of the employers by the vendor.

G. Reimbursable expenses.

1. BWC will reimburse for direct costs, up to a maximum of $5,000, for the state fiscal year, as follows.

a. Employer substance use policy development and review.

i. Consultation and development of an initial policy, or review or revision of an existing policy, is reimbursable for the actual cost, and may include external legal review of the policy. In-house legal counsel costs and expenses are not reimbursable.

ii. A review of policies and procedures does not qualify as a reimbursable expense if the employer received a SUPR reimbursement for the initial development or review of the policies and procedures within the previous twelve months.

b. Employee education and supervisor skill-building training.

i. Training costs, including "train the trainer" costs, are reimbursable for the actual cost.

ii. A qualified substance abuse professional must conduct the training sessions or be involved in designing required content. Additionally, the substance abuse professional must be available to answer questions the presenter cannot answer.

c. Drug and alcohol testing. SUPR reimbursement permits reimbursement for testing of any current or prospective employee for alcohol or drugs.

i. BWC permits reimbursement for pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing under the following circumstances:

ii. Drug and alcohol testing must use the federal testing model promulgated by the United States Department of Transportation and use a United States Department of Health and Human Services certified laboratory, collection site, and MRO.

iii. To qualify for reimbursement of drug and alcohol testing costs, an employer must satisfy at least one of the following conditions:

a) The employer is currently participating in the SUPR at the Advanced Level;

b) The employer's drug-free workplace policy affirmatively demonstrates that when an employee tests positive for substance use, the employer may offer referral of an employee for assistance with their substance use issue in lieu of termination; or

c) The employer's drug-free workplace policy affirmatively demonstrates the employer may offer a second chance agreement to an employee testing positive in lieu of termination.

iv. Notwithstanding section IV.G.1.c.iii. above, an employer's written policy addressing substance use may allow for termination as a potential consequence of the first positive test result when the employee:

a) Holds a safety-sensitive position identified in the employer's policy;

b) Causes a workplace event that results in injury, illness, or property damage, or that could have resulted in injury, illness, or property damage; or

c) Has an occupational license suspended or revoked as a result of substance use which is statutorily required to perform the job duties of the position.

v. Employees may be terminated for other causes, e.g., violations of other company rules, in accordance with the employer's written policy.

vi. The reimbursable drug test requirements outlined in this section do not supersede any other laws or BWC policies, including but not limited to post-accident drug testing; claim procedures; or the employee termination provisions in section IV.C.3.c. of this policy for employers participating in the Advanced Level.

d. Substance use assessments. BWC permits reimbursement for the costs of a substance use assessment of an employee who tests positive, comes forward voluntarily to indicate they have a substance use problem, or is referred for a substance use assessment by a supervisor. To qualify for reimbursement of substance use assessment costs, an employer must satisfy at least one of the following conditions:

i. The employer is currently participating in the SUPR at the Advanced Level;

ii. The employer’s drug-free workplace policy affirmatively demonstrates that when an employee tests positive for substance use, the employer may offer referral of an employee for assistance with their substance use issue in lieu of termination; or

iii. The employer’s drug-free workplace policy affirmatively demonstrates the employer may offer a second chance agreement to an employee testing positive in lieu of termination.

2. Record keeping and audit.

a. BWC reserves the right to audit employer use of program funds and to recover overpaid, misappropriated, or improperly expended funds.

b. The employer must maintain and retain for a period of three years after reimbursement sufficient records, papers, books, and documents in such form to fully substantiate the delivery, value, necessity, and appropriateness of goods and services for each specific reimbursement the employer receives through this program.

c. BWC reserves the right to recover overpaid, misappropriated, or improperly expended funds by one or more of the following methods:

i. Billing the employer for the funds received;

ii. Forwarding the employer's information to the Office of the Attorney General for collection;

iii. Set-off;

iv. Recoupment; or

v. Other administrative, civil, or legal remedies.

H. Non-reimbursable indirect costs. BWC does not permit reimbursement for indirect costs including, but not limited to, the following expenses:

1. In-house consulting, development, legal, or training staff;

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

3. Salaries or wages for staff conducting services or training;

4. Non-pertinent charges associated with policy development, legal review, education, or training, including but not limited to duplicating costs, training materials, room rental, equipment rental or purchase, food, or mileage;

5. Administrative fees and surcharges;

6. Intermediary and upcharges by a third-party that is not the servicing provider;

7. Late or cancellation fee; or

8. Any cost that, in the judgment of BWC, does not align with the intended use, scope, or allowable expenditures of the reimbursement program, as defined by current policies or governing regulations.

I. Markups and charges from affiliated entities.

1. Expenses that include markups, profit margins, or administrative fees charged by vendors, consultants, or service providers affiliated with the employer are not reimbursable unless all of the following conditions are met:

a. The affiliation is fully disclosed to BWC in advance;

b. The charges are supported by itemized documentation of actual costs incurred; and

c. The rates are consistent with fair market value and do not exceed rates charged to unaffiliated third parties.

2. BWC reserves the right to review the use of affiliated entities for reasonableness and consistency with the objectives and fiduciary integrity of the SUPR.

J. Annual report to BWC and renewal requirements.

1. Employers must submit a Substance Use Prevention and Recovery Annual Report - Basic and Advanced Levels (SUPR-3) or a Substance Use Prevention and Recovery Annual Report - Comparable Program Only (SUPR-4) to BWC.

a. For PA employers, the annual report must be completed by the last business day in March of the program period.

b. For PEC employers, the annual report must be completed by the last business day in September of the program period.

2. Failure to submit the annual report to BWC by the established deadline results in forfeiture of the SUPR bonus for that program year and the employer's status listed as "not approved" on the state construction contractor look-up.

3. The employer must use the annual report to apply for renewal. Renewal is not automatic. The employer must 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.

4. All employers on the state construction contractor look-up must report their education, training, and drug testing vendors on the annual report.

5. The annual report must detail the employer's program implementation and report annual statistics as required by BWC outlined in section IV.C. of this policy.

a. The employer must provide any follow-up documentation and maintain on-site statistics as required by BWC.

b. The annual report and any other information submitted by the employer in meeting SUPR requirements is considered part of the annual statement submitted to BWC as required by ORC 4123.26.

c. BWC will hold the annual report and any other documentation submitted by the employer to meet SUPR requirements as confidential, pursuant to ORC 4123.27.

6. An AEO or a PEO participating in the SUPR must submit a client list to BWC by the annual report filing deadline.

a. The client list must include all client employers with whom the AEO or the PEO had an agreement, as of thirty (30) days prior to the annual report deadline.

b. The list must include each client employer's name, address, federal tax identification number, BWC policy number, and the amount of payroll, listed by classification code, reported by the AEO or the PEO on behalf of each client employer.

c. If BWC determines the AEO or the PEO manipulated the client list, the AEO or the PEO is ineligible to receive SUPR benefits.

d. BWC will hold the client list as confidential pursuant to ORC 4125.05 and ORC 4133.07.

K. Stipulations.

1. Participation in the SUPR is voluntary.

2. Nothing in this policy will:

a. Affect, modify, or amend any collective bargaining agreement;

b. Alter the rights or obligations of an AEO, an employer, an employee, a client employer, or a worksite employee under applicable federal or state law; or

c. Alter the rights or obligations of a PEO, an employer, an employee, a client employer, or a shared employee under applicable federal or state law.

3. If an employer has a collective bargaining agreement that prevents implementation of SUPR requirements, the employer cannot participate in the SUPR.

L. Removal / exit from program.

1. BWC may remove an employer from the SUPR for failure to fully implement a drug-free workplace policy in compliance with the SUPR program level requirements.

a. BWC will send written notice to the employer of removal from the program.

b. An employer removed by BWC from the SUPR may reapply for the next program period.

c. BWC may deny an employer's application for the SUPR based on the circumstances of the employer's prior participation.

d. An employer BWC determines to be ineligible for the SUPR may appeal the decision to the BWC Adjudicating Committee, per ORC 4123.291.

2. An 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, the employer must file a new U-140.

3. BWC will remove an employer from the SUPR 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.

4. An employer who voluntarily withdraws, or is removed, from the SUPR is not eligible for a SUPR bonus for that program period and is removed from the state construction contractor look-up.

M. Resolution of complaints.

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

2. Specific extenuating circumstances that apply to the SUPR:

a. Circumstance involving a lifetime one-time exception to filing a SUPR Annual Progress Report after the reporting deadline.

i. The employer has failed to submit the annual progress report 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 of disqualification from the SUPR. 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 the SUPR or the former Drug-Free Safety Program.

ii. Supporting documentation: BWC will review the annual progress report and required documents to determine if the employer was fully compliant with requirements for the SUPR year in question. Based on the review, BWC will recommend approval of, or disqualification from, the SUPR.

iii. If an employer submits the annual progress report online prior to the deadline, but the employer does not also submit the required documents as specified on the annual progress report checklist, the employer will be considered as having timely submitted the required report and will not be required to request a one-time exception. However, the employer must provide the required documentation within five business days of notice from BWC that the documentation must be submitted. If required documentation is not submitted within five business days, the annual progress report will be considered late, the employer is ineligible for the SUPR bonus, and the employer's status is listed as "not approved" on the state construction contractor look-up.

iv. BWC will not grant a request to use the SUPR one-time forgiveness if a one-time forgiveness was granted prior to July 1, 2025, under the Drug-Free Safety Program.

b. Circumstance involving an employer request to change program levels during the program period.

i. BWC will review a request by an employer to change from Advanced level to Basic level, or vice-versa, to determine if all the new program level requirements can be met by the deadlines. If all the new program level deadlines cannot be met, BWC will deny the employer's request.

ii. Example: An employer requests a change from Basic level to Advanced level ninety (90) days into the program period. The SUPR requires an Advanced level employer to conduct random drug testing of 15% of their total average annual workforce during the program period. If the employer has written policy and testing procedures in place to conduct random testing, the change will be granted. If this requirement cannot be met, the request will be denied.

iii. Supporting documentation: Employer must provide written documentation showing that the employer can meet, or has met, all required elements of the requested level by the required deadlines.

3. Vendor error does not qualify as an extenuating circumstance for the SUPR.

N. Transfers and combinations.

1. Successor: Not in SUPR.

Predecessor: In SUPR.

Action: If a non-SUPR employer totally succeeds a SUPR employer, the successor is not eligible to participate in SUPR at the Advanced level, Basic level, or comparable program, unless the successor applies on their own. The successor may be eligible to receive reimbursements for activities the predecessor completed.

2. Successor: In SUPR.

Predecessor: Not in SUPR.

Action: If a SUPR employer totally succeeds a non-SUPR employer, the successor remains in its current SUPR. All acquired employees of the predecessor must be immediately included in the successor's SUPR plan, including all training required of new employees and if the successor is in the Advanced level, including the predecessor's employees in the random testing schedule.

3. Successor: In Basic level.

Predecessor: In Advanced level.

Action: The successor remains in its current SUPR program period and level of participation. The predecessor employees are included in the successor’s Basic level program.

4. Successor: In Advanced level.

Predecessor: In Basic level.

Action: The successor remains in its current SUPR program period and level of participation. The predecessor employees are included in the successor's Advanced level program, including the random testing requirements.

5. Successor: New entity.

Predecessor: In SUPR.

Action: The successor is able to apply to participate on their own. The successor may be eligible to receive reimbursements for activities the predecessor completed.

O. Scenarios.

1. An employer is in the SUPR one year, drops out for one year, and then enrolls again. The employer claims there is no need to train its supervisors in accident analysis since the supervisors were trained in the first year of participation. Is this correct?

Answer: No. This employer had a break in participation, so the employer is classified as a first year participant. First year participants are required to complete all employee training as if the employer is entering the SUPR for the first time. Employers enrolled in the SUPR for consecutive years do not have to retrain supervisors in accident analysis.

2. An employer enrolled in the Advanced level buys out a non-SUPR 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 Advanced level program, including employee education, supervisor training, accident analysis training, and random testing. The employees of the purchased employer do not have to be tested under the "new hire" testing requirements. The employees do become part of the random testing pool.