Policy Name:	Drug-Free Safety Program Vendor Directory
Policy #:	EP-04-05
Code/Rule Reference	Ohio Revised Code (ORC) 153.03 and Ohio Administrative Code (OAC) 4123-17-58.
Effective Date:	July 1, 2023
Approved:	Rex Blateri, Chief of Employer Services
Origin:	Employer Policy
Supersedes:	Drug-Free Safety Program Vendor Directory effective August 16, 2021.
History:	Revised May 4, 2023. New policy issued August 16, 2021.
Review Date:	July 1, 2028

 

 

I.      Policy Purpose

 

The Ohio Bureau of Workers’ Compensation (BWC) provides a list of vendors to assist employers who are participating in the Drug-Free Safety Program (DFSP) and the Substance Use Recovery and Workplace Safety Program (SURWSP).

 

II.    Applicability

 

This policy applies to BWC Employer Programs, Division of Safety & Hygiene, DFSP vendors, employers, and their authorized representatives.

 

III.   Definitions

A.    Consortium: A vendor that pools

1.    Employees from multiple employers for the purpose of conducting random drug tests on a percentage of all employees in the pool; or

2.    Safety-sensitive position employees from multiple employers for the purpose of conducting random drug tests on a percentage of all safety-sensitive position employees in the pool.

B.    Drug-Free Safety Program (DFSP): BWC’s loss prevention and safety program to prevent and reduce the risk of workplace accidents and injuries attributed to the use of alcohol and other drugs, including prescription, over-the-counter, and illegal drugs.

C.   DFSP broker (broker): A vendor that acts as an intermediary arranging DFSP services between employers and DFSP vendors.

D.   DFSP vendor (vendor): A person or entity providing one or more DFSP services to employers who are participating in BWC’s DFSP or SURWSP.

E.    DFSP services: Any of the following as defined, or referenced, in the Drug-Free Safety Program (DFSP) policy:

1.    Consortium services;

2.    Brokerage services;

3.    Employee assistance plan;

4.    Employee education;

5.    Medical review officer services;

6.    Policy development;

7.    Specimen collection;

8.    Supervisor training; or

9.    Train-the-trainer training.

F.    Employee assistance plan: An employer’s plan of action and designated resources to assist an employee who tests positive, comes forward voluntarily to indicate he or she has a substance problem, or is referred by a supervisor.

G.   Medical Review Officer (MRO): A licensed physician, with a medical review officer certification, who is responsible for receiving and reviewing lab results generated by an employer’s Drug-Free Safety Program and evaluating medical explanations for certain drug test results.

H.   Qualified substance abuse professional: A professional who conducts, or develops the educational materials for, employee education and supervisor training, and holds one or more of the following substance abuse credentials:

1.    Certified Employee Assistance Professional (CEAP);

2.    Certified Medical Review Officer (MRO);

3.    Certified Substance Abuse Professional Administrator Association (SAPAA);

4.    Drug Abuse Resistance Education (DARE) officer with at least three years of experience in the past five years;

5.    Licensed Chemical Dependency Counselor (LCDC II and LCDC III);

6.    Licensed Independent Chemical Dependency Counselor (LICDC);

7.    Licensed Practical Nurse (LPN), Bachelor of Science in Nursing (BSN) or Master of Science in Nursing (MSN) with a specialization in substance abuse;

8.    Licensed professional counselor (e.g., psychologist, social worker);

9.    Ohio Certified Prevention Consultant (OCPC);

10.  Ohio Certified Prevention Specialist (OCPS);

11.  Substance Abuse Professional (SAP);

12.  A person with equivalent experience in the substance abuse field within the past five years as evaluated by BWC; or

13.  Any comparable credential within the substance abuse field that is determined equivalent by BWC.

I.      Specimen collection: The collection of drug and/or alcohol test specimens in accordance with the federal testing model promulgated by the United States Department of Health and Human Services.

IV.  Policy

A.    Drug-Free Safety Program Vendor Directory. BWC includes a vendor on the Drug-Free Safety Program Vendor Directory if the vendor meets all the requirements set forth in policy section IV.B.

1.    BWC reserves the right to use all the information submitted to BWC, as well as any other information available, to determine if a vendor is included on the Drug-Free Safety Program Vendor Directory.

2.    A vendor is not required to be on the Drug-Free Safety Program Vendor Directory to provide DFSP services.

3.    BWC does not endorse any individuals or entities that appear on the Drug-Free Safety Program Vendor Directory in any way and makes no representation regarding the quality of services provided by the vendors on the list.

4.    BWC only includes vendors who directly provide DFSP services, or brokers who arrange services, by qualified substance abuse professionals.

5.    A broker must provide BWC with a list of the qualified substance abuse professionals and documentation of their credentials to the satisfaction of BWC.

B.    Requirements for inclusion. To qualify for inclusion on the Drug-Free Safety Program Vendor Directory, the vendor must meet the following requirements:

1.    The vendor must submit a fully completed Application for the Drug-Free Safety Program Vendor Directory (DFSP-6) to BWC.

2.    The vendor must provide one or more of the DFSP services listed on the application to employers who are participating in the DFSP.

3.    A vendor providing employee education, supervisor training, or train-the-trainer training must indicate the credentials of the qualified substance abuse professionals who will provide these DFSP services and submit documentation of the credentials to BWC.

4.    A vendor providing employee assistance must indicate the credentials of the qualified substance abuse professionals who will provide this service and submit documentation of the credentials to BWC.

5.    A vendor providing medical review officer services must indicate the medical license and credentials of the physician who will provide this service and submit documentation of the license and credential to BWC.

6.    A vendor providing specimen collection must acknowledge that specimens are collected in accordance with the federal testing model promulgated by the United States Department of Health and Human Services.

7.    A broker arranging DFSP services must indicate the credentials of the qualified substance abuse professionals who will provide these DFSP services and submit documentation of the credentials to BWC.

8.    The vendor must provide its workers’ compensation policy number and proof of active workers’ compensation coverage if the vendor is required by Ohio law to obtain a workers’ compensation policy.

9.    The application must be signed by the chief executive officer, owner, partner, or designated management representative of the vendor, who certifies the information on the application is complete and accurate.

10.  The vendor must provide a copy of the license or credentials upon request.

C.   Vendor responsibilities.

1.    The vendor must be in compliance with all BWC statutes and rules.

2.    The vendor must immediately report any changes in its operations to BWC.

3.    The vendor must provide accurate information.

4.    The vendor must reapply for inclusion on the Drug-Free Safety Program Vendor Directory every five years, or as determined by BWC, whichever is earlier.

D.   BWC responsibilities.

1.    BWC requires each vendor on the Drug-Free Safety Program Vendor Directory to reapply at least once every five years at which time the vendor must:

a.    Submit a new Application for the Drug-Free Safety Program Directory;

b.    Verify the DFSP services the vendor is providing or brokering; and

c.     Provide current credentials and licenses for the professionals who are providing DFSP services.

2.    BWC reserves the right to review the qualifications of any vendor at any time as determined by BWC.

3.    BWC will immediately remove a vendor from the Drug-Free Safety Program Vendor Directory if the DFSP vendor fails to maintain active workers’ compensation coverage, if required by Ohio law, or violates any BWC rule or statute.

4.    BWC will immediately remove a vendor from the Drug-Free Safety Program Vendor Directory if the vendor provides false or misleading information.

5.    BWC will remove a vendor from the Drug-Free Safety Program Vendor Directory if the vendor does not have the license or credentials required for the DFSP service.

6.    BWC will remove a vendor from the Drug-Free Safety Program Vendor Directory if the vendor fails to reapply.

7.    BWC may reinstate a vendor to the Drug-Free Safety Program Vendor Directory once all deficiencies are corrected.

8.    BWC makes the ultimate decision to include, or not include, a vendor on the Drug-Free Safety Program Directory Listing and this decision is final.

E.    Employer responsibilities are outlined in the Drug-Free Safety Program (DFSP), Drug-Free Safety Program (DFSP) Safety Grants, and Substance Use Recovery and Workplace Safety Program policies.