Policy Name:
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Substance Use Recovery and Workplace Safety Program
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Code/Rule Reference:
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Chapter 4123 of the
Revised Code; OAC 4123-17-14; and
OAC 4123-6-08.
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Effective Date:
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July 17, 2020
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Approved:
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John E. Logue, Chief of Strategy
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Origin:
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Strategic Initiatives
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Supersedes:
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Policy Issued September 19, 2019.
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History:
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Revised July 17, 2020; New Policy Issued September 19,
2019.
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Review Date:
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July 17, 2025
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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
Substance Use Recovery and
Workplace Safety Program Reimbursement Guide
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Policy development*
Initial policy development
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Actual cost up to a maximum of $2,000 of initial policy
development
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Policy development*
Annual review
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Actual cost up to a maximum of $1,000 for a one-time
annual review of employer policy
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Policy development* with legal review
Initial policy development with legal review
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Actual cost up to a maximum of $2,500 of initial policy
development in conjunction with legal review
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Policy development* with legal review
Annual review
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Actual cost up to a maximum of $1,500 for a one-time
annual review of employer policies in conjunction with legal review
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Legal review
Initial legal review
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Actual cost up to a maximum of $500 for legal review of
employer policies
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Legal review
Annual review
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Actual cost up to a maximum of $500 for a one-time
annual legal review of employer policies
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Employee training*
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Actual cost up to a maximum of $300 per hour (annual
maximum of $21,600) for up to 72 hours of training in one year
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Supervisor training*
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Actual cost up to a maximum of $300 per hour (annual
maximum of $21,600) for up to 72 hours of training in one year
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Drug testing*
Drug screenings for eligible employees
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Actual cost up to a maximum of $100 for a qualitative
drug screen, including pre-employment, post-accident, random, reasonable
suspicion, and return-to-duty testing
Actual cost up to a maximum of $200 for a quantitative
drug screen, including confirmatory testing
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BWC will reimburse the actual cost up to the amount
specified for each of the above properly documented services.
* All services must be provided by a vendor recognized
in the Drug Free Safety Program vendor list.
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Appendix C
Chain of Custody Form
Worker (donor) demographics
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Name:
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Contact
number:
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Address,
City, State and Zip Code:
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Date
of birth:
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I
certify that I provided my urine specimen to the collector; that I have not
adulterated it in any manner; that each specimen bottle used was sealed
with a tamper-evident seal in my presence; and that the information
provided on this form and on the label affixed to each specimen bottle is
correct.
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Worker’s
signature:
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Date
(mm/dd/yy):
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Collection site demographics
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Name:
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Address,
City, State and Zip Code:
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Phone
number:
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Fax
number:
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To be completed by the collector
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Reason for
testing:
   
Pre-employment
Random
Confirmatory
Reasonable suspicion
Post-accident
Return-to-duty
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  Drug test to be
performed:
 
Amphetamines
Opiates Cocaine
Benzodiazepines
Barbiturates Oxycodone
  
Methadone
Fentanyl Marijuana
metabolite Hydrocodone
Other
(specify)____________________________________________________
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 Temperature within
90 and 100 F within 4 minutes of
collection:
Yes
No
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  Specimen
collection:
Split
Single None provided
(explain) _______________________
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Additional
observations:
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Time
of collection:
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Date
of collection (mm/dd/yy):
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I
certify that the specimen given to me by the donor was collected, labeled,
sealed and released to the courier service noted in accordance with
applicable Federal requirements.
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Collector’s
name (please print):
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Signature
of collector:
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Time
of specimen release:
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Date
of specimen release (mm/dd/yy):
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Name of courier the specimen bottles were released
to: ______________________________________
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To be completed by the lab upon receipt of the specimen
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Accessioner’s
name (please print):
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Signature
of accessioner:
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Specimen
receipt date:
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 Specimen bottle seal
intact?
Yes No
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Name
of person specimen bottles released to:
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Negative
Positive
Dilute
  
Test cancelled Refusal to
test
Adultered Substituted
Remarks:
___________________________________________________________________________
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Positive
for:
    
Amphetamines
Opiates
Cocaine
Benzodiazepines Barbiturates
Oxycodone
  
Methadone Fentanyl
Marijuana
metabolite Hydrocodone
|
Other
(list):
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Remarks:
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