OhioBWC - Basics: (Policy library)

OhioBWC - Basics: (Policy library) - File

Policy Name:	Substance Use Recovery and Workplace Safety Program
Code/Rule Reference	Chapter 4123 of the Revised Code; OAC 4123-17-14; and OAC 4123-6-08.
Effective Date:	September 26, 2021
Approved:	Rex Blateri, Interim Chief of Employer Services
Origin:	Employer Services
Supersedes:	Policy Revision Issued February 18, 2021.
History:	Revised September 26, 2021; February 18, 2021; July 17, 2020. New Policy Issued September 19, 2019.
Review Date:	September 26, 2026

I. Policy Purpose

The Substance Use Recovery and Workplace Safety Program (SURWSP) is a program that provides funding to assist employers in hiring or retaining 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 education; supervisor training; employee drug testing to better manage and retain workers in recovery; and free access to the employer wellness program Better You, Better Ohio. The purpose of the program is to:

A. Lessen the impact of substance use disorders on Ohio’s workforce;

B. Help Ohio’s employers keep employees in recovery at work;

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

D. Promote a safe and healthy workforce.

II. Applicability

This policy applies to all the following: BWC Employer Programs; BWC Division of Safety and Hygiene (DSH); employers; and Alcohol, Drug Addiction and Mental Health (ADAMH) boards with which BWC has a Memorandum of Understanding in effect to administer SURWSP.

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. Program Requirements

A. Eligibility criteria.

1. Employers. To qualify for reimbursement through SURWSP, the employer shall:

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

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. 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

d. Have reported actual payroll for the preceding policy year and paid any premium due upon reconciliation of estimated premium with actual premium. An employer is deemed to have met this requirement if BWC receives the payroll report and the employer pays the premium associated with the payroll report.

2. Client employers of either Professional Employer Organizations (PEOs) or self-insured PEOs (SI PEOs).

a. For a client employer of either a PEO or SI PEO, the client employer is eligible so long as:

i. The client employer meets all the criteria in sections IV.A.1.a through IV.A.1.d above; and

ii. If the client employer has entered into a PEO agreement with a self-insured PEO, the client employer is reporting payroll for workers’ compensation purposes under the client employer’s policy number.

b. For a PEO’s employees that are not subject to a PEO agreement, a PEO is eligible so long as:

i. The PEO independently meets all the criteria in sections IV.A.1.a through IV.A.1.d above; and

ii. The PEO is not self-insured.

3. Client employers of either Alternative Employer Organizations (AEOs) or self-insured AEOs (SI AEOs).

a. For a client employer of an AEO, the client employer is eligible so long as:

i. The client employer meets all the criteria in sections IV.A.1.a through IV.A.1.d above; and

ii. The client employer has not entered into an AEO agreement with a self-insured AEO.

b. For an AEO’s employees that are not subject to an AEO agreement, an AEO is eligible so long as:

i. The AEO independently meets all the criteria in sections IV.A.1.a through IV.A.1.d above; and

ii. The AEO is not self-insured.

B. Ineligible employers. The following employers are not eligible for participation in SURWSP:

1. Employers not meeting the eligibility requirements laid out in IV.A. above;

2. Self-insuring employers;

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

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

5. Client employers of SI AEOs.

C. Operation of program.

1. General requirements.

a. Employers participating in SURWSP shall pay for expenses upfront, as defined below, and apply for reimbursement of those expenses.

b. 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.

c. Employers shall provide 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.

d. BWC may permit reimbursement of services performed retroactive to July 1, 2019, regardless of the date the employer was initially enrolled or the date SURWSP became available to the employer. This retroactivity shall end effective July 1, 2022, such that on or after that date expenses shall be reimbursable only as provided in IV.C.1.e below.

e. Effective July 1, 2022, expenses must be submitted for reimbursement within one year of the date the expense was incurred in order to qualify for reimbursement.

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

g. 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 written policies upon request by either the participating ADAMH board or BWC.

h. Reimbursement requests for legal development or review of written policies relating to substance use require submission of a copy of the invoice along with proof of payment. The employer must submit a copy of written policies upon request by either the participating ADAMH board or BWC.

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

j. Reimbursement requests for drug testing.

i. Reimbursement requests for drug testing require submission of a copy of the invoice along with proof of payment.

ii. Upon request by either the ADAMH board or BWC, the employer must submit a copy of its written workplace policy stating the employer will not terminate an employee as identified below in IV.D.2.e.i.

iii. The employer must submit a copy of the chain of custody form identifying the employee tested upon request by either the participating ADAMH board or BWC. Appendix C is an example of a chain of custody form.

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

2. In counties for which the corresponding ADAMH board and BWC have a Memorandum of Understanding in effect, the ADAMH board shall administer the program directly with eligible employers located in such counties. The SURWSP web page contains a list of participating counties with the contact information of the corresponding local ADAMH board.

a. BWC shall initially award funds to an ADAMH board up to $200,000 at one time. Contingent upon sufficient program funds remaining and the submission of a satisfactory application, BWC shall award additional funding to the participating ADAMH board when its previously awarded funding falls below $10,000.

b. A participating ADAMH board shall report at least quarterly to BWC detailing specific use of funds. The reporting requirements are provided in Appendix A of this policy.

c. Eligible employers seeking reimbursement shall submit such expenses to the corresponding ADAMH board.

d. Prior to submitting a reimbursement request to the ADAMH board, the employer must provide the board with a W-9. Additionally, the employer should contact that ADAMH board for full details regarding any local administrative filings which must be completed before the board can process the reimbursement request.

e. Upon termination of a Memorandum of Understanding between BWC and an ADAMH board participating in SURWSP, if the board has a remaining unexpended, unreimbursed, or unencumbered balance of transferred funds, the remaining balance of transferred funds, as determined through a final BWC audit, shall be returned to BWC.

3. In counties for which the corresponding ADAMH board and BWC do not have a Memorandum of Understanding in effect, BWC shall administer the program directly with eligible employers located in these counties.

a. Employers seeking reimbursement shall submit such expenses to BWC.

b. Employers must complete both of the following to obtain reimbursement. Reimbursement requests submitted by an employer not completing either of the following shall be denied.

i. Register as a supplier with the State of Ohio. Full details in how to register can be found at the State of Ohio’s Supplier Portal website.

ii. Fill out and return the SURWSP Agreement Form to BWC. The form can be found on the SURWSP web page.

D. Reimbursable expenses.

1. Except for legal reviews by external attorneys, all requests for reimbursement shall be for services performed by an external service provider that is one of the following:

a. A vendor recognized in the BWC Drug Free Safety Program

b. A qualified substance abuse professional who holds one or more of the following substance abuse credentials:

i. Certified Employee Assistance Professional (CEAP);

ii. Certified Medical Review Officers (MRO);

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

iv. Licensed Chemical Dependency Counselor (LCDC II);

v. Licensed Independent Chemical Dependency Counselor (LICDC);

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

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

viii. Ohio Certified Prevention Specialist (OCPS I & II);

ix. Substance Abuse Professional (SAP); or

x. Substance Abuse Professional Administrator Association (SAPAA) certified.

2. Local ADAMH boards and BWC shall reimburse for direct costs as follows. A summary of reimbursable expenses can be found in Appendix B of this policy.

a. Employer policy consultation and development.

i. May be performed in conjunction with external legal review of the policy.

ii. Is reimbursable as follows:

a) For policy consultation and development of an initial policy, the actual cost, up to a maximum of $2,000 without external legal review, or the actual cost, up to a maximum of $2,500 with external legal review.

b) For an annual review of existing policies and procedures, the actual cost, up to a maximum of $1,000 without external legal review, or the actual cost, up to a maximum of $1,500 with external legal review.

iii. An annual review of policies and procedures does not qualify as a reimbursable expense if the employer was reimbursed under SURWSP for the initial development of the policies and procedures within the previous twelve months.

b. Legal review of employer policies.

i. Shall be performed by an external attorney; review by in-house counsel is not reimbursable.

ii. Is reimbursable as follows.

a) The actual cost, up to a maximum of $500, for development of initial policies and procedures; or

b) The actual cost, up to a maximum of $500, for an annual review of existing policies and procedures.

c. Employee education.

i. Actual costs, including “train the trainer” costs, are reimbursable subject to the following limitations:

a) Up to 72 hours of employee training in one year;

b) A maximum of $300 per hour; and

c) An annual maximum of $21,600.

d. Supervisor training.

i. Actual costs, including “train the trainer” costs, are reimbursable subject to the following limitations:

a) Up to 72 hours of supervisor training in one year;

b) Up to a maximum of $300 per hour; and

c) An annual maximum of $21,600.

e. Drug testing. SURWSP permits reimbursement for drug screenings for eligible employees.

i. An eligible employee is either a current or prospective employee of an employer whose written workplace policy states it will not terminate an 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. Eligible employees may be terminated for other causes, e.g., violations of other company rules, in accordance with written company policy.

iii. An employer requesting reimbursement for drug testing through either an ADAMH board or BWC is required upon request by either the ADAMH board or BWC to provide documentation of its written workplace policy stating the employer will not terminate an employee as identified above in IV.D.2.e.i.

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

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

a) 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.

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

c) A total annual reimbursement maximum of $1,500 applies.

vi. Urine drug tests (UDTs) are the preferred method of drug testing.

vii. Alternative Drug Testing (ADT), e.g., blood, saliva, and hair follicle testing, is only allowed when:

a) A urine specimen is unobtainable due to medically documented reasons; and

b) Testing facilities or labs use FDA approved test kits or devices to obtain ADTs.

viii. 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.d. of the Drug Free Safety Program policy for employers participating in the Advanced Level of that program.

f. BWC’s Better You, Better Ohio! program helps small employers in high-risk industries offer their workforce a structured health and wellness program at no cost. BWC permits any employer in SURWSP to be eligible for the Better You, Better Ohio! program, regardless of industry or size. Participation in the Better You, Better Ohio! program is subject to the rules and policies of the Better You, Better Ohio! program.

3. An employer expense for which reimbursement has already been paid, or for which reimbursement is pending, through a DFSP Safety Grant is ineligible for reimbursement through SURWSP.

4. Record Keeping and Audit.

a. BWC reserves the right to audit employer use of program funds, whether received through an ADAMH board or directly from BWC, and to recover overpayments and misappropriated or improperly expended funds.

b. The employer shall maintain and retain for a period of three (3) 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 it receives through this program.

c. BWC reserves the right to recover overpayments and 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.

E. 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; or

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

F. Resolution of complaints.

1. Employer complaints regarding SURWSP 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 SURWSP.

Appendix A

Reporting Requirements

ADAMH boards shall 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:

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:

1. Employer name and policy number; and

2. Total reimbursement for drug testing.

Appendix B

Reimbursable Expenses Chart

Drug testing – qualitative

Drug testing – quantitative

Required documentation

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

Total annual maximum of $1,500 applies

Invoice from vendor.

Proof of payment to vendor.

Copy of current termination policy for failed drug test if requested.

Copy of the chain of custody form if requested

Legal review (initial)

Required documentation

Actual cost up to a maximum of $500 for initial legal review of employer policies

Invoice from vendor.

Proof of payment to vendor.