I.        Policy Purpose

The Substance Use Recovery and Workplace Safety Program is a pilot program providing funding to local Alcohol Drug Addiction and Mental Health Services (ADAMH) boards. ADAMH boards use the funds to assist employers to hire or retain workers in recovery. The funds provide reimbursement for: employer written policy development relating to substance use issues, legal review of employer policies relating to substance use issues, employee training, supervisor training, and employee drug testing to better manage and retain workers in recovery.

II.      Applicability

This policy applies to all the following: BWC Employer Programs; BWC Division of Safety and Hygiene (DSH); employers; and ADAMH boards operating in the counties selected for the pilot project. The pilot project is tentatively scheduled to run from October 15, 2018, through June 30, 2021.

III.    Definitions

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

IV.    Policy

A.     Program purpose. The purpose of the 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.

B.     Eligibility criteria. To qualify for reimbursement through the Substance Use Recovery and Workplace Safety program, the employer must:

1.      Be located in one of the pilot counties;

2.      Be current with respect to all payments due BWC as defined in OAC 4123-17-14;

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

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

5.      Have reported actual payroll for the preceding policy year and paid any premium due upon reconciliation of estimated premium with 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 the payroll report.

6.      Client employers of Professional Employer Organizations (“PEOs”) and PEOs. For purposes of this section, R.C. 4125.08 and R.C. 4125.10 apply. 

a.      For a client employer of a Professional Employer Organization (PEO), a client employer is eligible so long as the client employer meets all the criteria in sections IV.A.1 through IV.A.5 above. 

b.      For a PEO’s employees that are not subject to a PEO agreement, a PEO is eligible so long as the PEO independently meets all the criteria in sections IV A.1 through IV A.5 above.

7.      Self-insuring employers, and state agencies, including state institutions of higher education and state hospitals, are not eligible.

C.      Operation of program.

1.      BWC will initially award funds to an ADAMH board in pilot counties up to $200,000 at one time.  Employers participating in the Substance Use Recovery and Workplace Safety Program must pay for expenses upfront, as defined below, and apply for reimbursement of those expenses from the local ADAMH board.  BWC will award additional funding to the participating ADAMH board when their previously awarded funding falls below $10,000.

2.      Reimbursement is available on a first come, first served basis, while funding and BWC resources are available. The program and funding may be suspended at any time.

3.      Employers must provide the ADAMH board documentation of itemized expenses including, but not limited to, service invoices and proof of payment. Acceptable documentation for proof of payment for a service is the employer’s paid invoice and a copy of the canceled check or other form of payment to verify the expenditure.

4.      If the reimbursement is for development of written policies relating to substance use issues, proof of updated policies, including a copy of old, and new policies, must be submitted with proof of payment. 

5.      If the reimbursement is for legal review of written policies relating to substance use, a copy of the invoice must be submitted with proof of payment, and a copy of the policy must be made available to BWC upon request.

6.      If the reimbursement is for training, training documentation, including curriculum and proof of attendance, must be submitted with proof of payment.

7.      If the reimbursement is for drug testing, the chain of custody form or similar documentation identifying the individual(s) tested must be submitted with proof of payment. Appendix C is an example of a chain of custody form.

8.      BWC does not permit reimbursement of services performed prior to July 1, 2019.

9.      BWC does not permit reimbursement of bundled charges submitted by employers or the ADAMH Boards. All service invoices accompanying requests for reimbursement must be itemized.

10.   ADAMH Boards must provide a quarterly report to BWC stating specific use of funds. The reporting requirements are provided in Appendix A of this policy. Reporting requirements may be modified throughout the term of the pilot.

11.   Remaining monies, as determined through a final BWC audit, must be returned to BWC within three months of notice of the conclusion of the program, or within three months of the ADAMH board’s decision not to continue administering the program.

D.     Reimbursable expenses. Local ADAMH boards will reimburse for the following direct costs:

1.      Employer policy development. Consultation and development of policies and procedures relating to substance use issues in the workplace are eligible for reimbursement, if provided by an individual or organization as outlined below.

a.      It is the policy of BWC to reimburse for policy consultation and development when services are performed by a vendor recognized in the BWC Drug Free Safety Program.

b.      Consultation and development of policies may be performed in conjunction with external legal review of the policy.

c.      Reimbursable employer policy development costs. BWC permits reimbursement for the following employee policy development expenses:

i.                 The actual cost, up to a maximum of $2,000, for consultation and development of employer policies and procedures relating to substance use issues, or

the actual cost, up to a maximum of $2,500, for consultation and development of employer policies and procedures relating to substance use issues in conjunction with legal review; and

ii.                The actual cost, up to a maximum of $1,000, for a one-time annual review of policies and procedures relating to substance use issues, or the actual cost, up to a maximum of $1,500, for a one-time annual review of policies and procedures relating to substance use issues in conjunction with legal review.

d.      Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

e.      Non-reimbursable indirect costs. BWC does not permit reimbursement for the following expenses:

i.                 In-house consulting or development staff;

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

iii.               Salaries or wages for staff conducting services; or

iv.               Charges for policy development, such as duplicating costs, room rental, equipment rental or purchase, or food.

2.      Legal review of employer policies. Review of employer policies relating to substance use in the workplace by legal counsel is eligible for reimbursement, if provided by an individual or organization as outlined below.

a.      It is the policy of BWC to reimburse for legal review of employer policies and procedures relating to substance use issues in the workplace by an external attorney.

b.      Reimbursable employer policy legal review costs. BWC permits reimbursement for the following employer legal expenses:

i.                 The actual cost, up to a maximum of $500, for review by legal counsel of employer policies and procedures relating to substance use issues; or

ii.                The actual cost, up to a maximum of $500, for a one-time annual review by legal counsel of employer policies and procedures relating to substance use issues.

c.      Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

d.      Non-reimbursable indirect costs. BWC does not permit reimbursement for the following expenses:

i.                 In house legal staff;

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

iii.               Salaries or wages for staff conducting services; or

iv.               Charges for legal review, such as duplicating costs, room rental, equipment rental or purchase, or food.

3.      Employee training.  Training of employees on employer policies of substance use in the workplace, or issues relating to substance use, are eligible for reimbursement, if provided by an individual or organization as outlined below.

a.      It is the policy of BWC to reimburse for employee training when services are performed by a vendor recognized in the BWC Drug Free Safety Program.  

b.      Reimbursable training costs. BWC permits reimbursement of actual cost for the following employee training expenses, subject to the following limitations:

i.                 Up to 72 hours of employee training in one year; 

ii.                A maximum of $300 per hour; and

iii.               An annual maximum of $21,600.

c.      Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

d.      Non-reimbursable indirect costs. BWC does not permit reimbursement for the following expenses:

i.                 In-house training staff;

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

iii.               Salaries or wages for staff conducting training; or

iv.               Charges for education or training, such as duplicating costs, room rental, equipment rental or purchase, or food.

4.      Supervisor training. Training offered to equip organizations to manage employees in recovery is eligible for reimbursement, if provided by an individual or organization as outlined below.

a.      It is the policy of BWC to reimburse for supervisor training when the training organization is a vendor recognized in the BWC Drug Free Safety Program.

b.      Reimbursable training costs. BWC permits reimbursement of actual cost for the following supervisor training expenses, subject to the following limitations:

i.                 Up to 72 hours of supervisor training in one year;

ii.                Up to a maximum of $300 per hour; and

iii.               An annual maximum of $21,600.

c.      Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

d.      Non-reimbursable indirect costs. BWC does not permit reimbursement for the following expenses:

i.                 In-house training staff;

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

iii.               Salaries or wages for staff conducting training; or

iv.               Charges for education or training, such as duplicating costs, room rental, equipment rental or purchase, or food.

5.      Drug testing. BWC permits reimbursement for drug screenings for eligible employees.

a.      An eligible employee is an employee who has confirmed in writing with their local ADAMH board that they are recovering from substance use.

b.      BWC permits reimbursement for pre-employment, post-accident, random, confirmatory, reasonable suspicion, and return-to-duty testing.

c.      Reimbursable drug testing costs. BWC permits reimbursement of drug tests under the following circumstances:

i.                 Qualitative lab tests, including pre-employment, post-accident, random, reasonable suspicion, and return-to-duty testing are eligible for reimbursement at the actual cost of the test up to $100.

ii.                Quantitative lab tests, including confirmatory testing is eligible for reimbursement at the actual cost of the test up to $200.

d.      It is the policy of BWC to reimburse for drug testing when the drug testing is performed with a vendor recognized in the BWC Drug Free Safety Program.

e.      It is the policy of BWC that urine drug tests (UDTs) are the preferred method of drug testing.

f.       It is the policy of BWC to allow Alternative Drug Testing (ADT) (e.g., blood, saliva, and hair follicle) only when:

i.                 a urine specimen is unobtainable due to medically documented reasons; and

ii.                testing facilities or labs use FDA approved test kits or devices to obtain ADTs.

g.      The reimbursable drug tests outlined in this section do not replace requirements for any other laws or BWC policies, including but not limited to post-accident drug testing or claim procedures.

h.      Reimbursable expenses for the Substance Use Recovery and Workplace Safety Program are summarized in Appendix B of this policy.

6.      Better You Better Ohio. BWC permits any employer in the Substance Use Recovery and Workplace Safety Program to be eligible for the Better You Better Ohio Program.  Participation in the Better You Better Ohio program is subject to the rules and policies of the Better You Better Ohio program. 

E.      Resolution of complaints.

1.      Employer complaints regarding eligibility criteria determinations as contained in Section IV. of this policy are processed under the General Employer Complaint Policy.

2.      BWC has not identified any program-specific extenuating circumstances that apply to the Substance Use Recovery and Workplace Safety Program.
 

Appendix A

Reporting Requirements

ADAMH boards must report, at least quarterly, the following information to BWC:

A.     Policy development and legal review data required for each employer:

1.      Employer name and policy number;

2.      Total reimbursement for policy development and legal review; and

3.      Consulting vendor(s).

B.     Training reimbursement data required for each employer includes:

1.      Employer name and policy number;

2.      Total reimbursement for employee training;

3.      Total reimbursement for supervisor training; and

4.      Training vendor(s).

C.      Drug testing reimbursement data required for each employer includes:

1.      Employer name and policy number;

2.      Total reimbursement for drug testing; and

3.      Number of employees tested.

D.     Number of signed confirmations of individuals recovering from substance use. 

Appendix B

 Reimbursable Expenses Chart

Appendix C

Chain of Custody Form