Policy Name:
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Substance Use Prevention and Recovery Program (SUPR)
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Policy #:
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EP-19-05
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Code/Rule Reference
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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.
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Effective Date:
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July 1, 2025
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Approved:
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Rex Blateri, Chief of Employer Services
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Origin:
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Employer Policy
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Supersedes:
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Drug-Free Safety Program policy effective July 1, 2023.
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History:
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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.
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Review Date:
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July 1, 2030
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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.