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:

May 1, 2022

Approved:

Rex Blateri, Interim Chief of Employer Services

Origin:

Employer Services

Supersedes:

Policy Revision Issued September 26, 2021.

History:

Revised May 1, 2022; September 26, 2021; February 18, 2021; July 17, 2020. New Policy Issued September 19, 2019.

Review Date:

May 1, 2027

 

 

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 and review relating to substance use issues; employee and supervisor training; employee substance use 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.

 

A.    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 for the first time may maintain their employment and which 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.

B.    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.

IV.  Program Requirements

A.    Eligibility criteria.

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

a.    Have a physical office located in Ohio;

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

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

d.    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

e.    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 section 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. 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 both the employer’s paid invoice and one of the following:

i.      Cancelled check (front and back);

ii.     Detailed receipt of payment from the vendor;

iii.    Banking record (statement or email verification of payment);

iv.   Credit card statement;

v.     Employer system generated payment information, such as ledger entry, payment record, or warrant report, listing the associated vendor and invoice number; or

vi.   Another form of payment of sufficient verity to confirm 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 section IV.C.1.e below.

e.    Effective July 1, 2022, expenses must be submitted for reimbursement within one year of the date the service was provided 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 employee and supervisor training require submission of proof of attendance, curriculum, a copy of the invoice, and proof of payment.

i.      Reimbursement requests for substance use testing.

i.      Reimbursement requests for substance use 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)    A copy of the employer’s written substance use policy; or

b)    A copy of the employer’s second chance agreement.

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.

j.      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.    At its sole discretion, BWC may choose to pilot an alternate mechanism for funding an ADAMH board through a Memorandum of Understanding.

c.     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.

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

e.    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.

f.      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.    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 substance use policy development and review.

i.      Consultation and development of an initial policy, or review and revision of an existing policy, is reimbursable for the actual cost, up to a maximum of $2,000 in total for the state fiscal year in which the service was provided and may include external legal review of the policy. In-house legal counsel costs and expenses are not reimbursable.

ii.     Except as provided for in section IV.C.1.d above, a review of policies and procedures does not qualify as a reimbursable expense if the employer was reimbursed under SURWSP for the initial development or review of the policies and procedures within the previous twelve months. 

b.    Employee and supervisor training.

i.      Training costs, including “train the trainer” costs, are reimbursable for the actual cost, up to a maximum of $5,000 in total for a state fiscal year. Except for “train the trainer” instructional aids, training materials are not reimbursable.

ii.     A qualified substance abuse professional, as defined in BWC Employer Services’ Drug-Free Safety Program, 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.     Substance use testing. SURWSP permits reimbursement for testing of any current or prospective employee for alcohol and drugs.

i.      BWC permits reimbursement for pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up substance testing under the following circumstances:

a)    Lab tests, including pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up substance use testing are eligible for reimbursement at the actual cost of the test up to $100.

b)    A maximum of $1,500 in total reimbursable costs for drug testing for a state fiscal year applies.

ii.     Substance use 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 Medical Review Officer.

iii.    To qualify for reimbursement of substance use testing costs, an employer must satisfy at least one of the following conditions:

a)    The employer is currently participating in the Drug-Free Safety Program at the Advanced Level;

b)    The employer’s written substance use policy affirmatively demonstrates that when an employee tests positive for substance use for the first time, the employer may offer referral of an employee for assistance with their substance use issue in lieu of termination; or

c)    The employer’s written policy addressing substance use affirmatively demonstrates the employer may offer a second chance agreement to an employee testing positive for the first time in lieu of termination.

iv.   Notwithstanding section IV.D.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.d. of the Drug Free Safety Program policy for employers participating in the Advanced Level of that program.

2.    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.    The Drug-Free Safety Program Directory Listing provides a vendor list of companies and individuals qualified to supply services related to DFSP and SURWSP. However, employers are not required to choose a vendor from the list for services rendered to qualify as reimbursable through SURWSP.

4.    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.

5.    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;

4.    Non-pertinent charges concomitant 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; or

6.    Late or cancellation fees.

F.    Removal / exit from program

1.    Participation in SURWSP is voluntary.

2.    BWC may disqualify an employer participating in SURWSP if it misrepresents information when submitting a request for reimbursement. An employer misrepresenting information on the request for reimbursement will be required to repay any misappropriated funds to BWCs.

G.   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 review data required for each employer:

1.    Employer name and policy number;

2.    Total reimbursement for policy development and review; and

3.    Consulting vendor(s) or external legal counsel.

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

 

Employer policy development and review, including any external legal review of the policy

 

Required documentation

Actual cost up to a total state fiscal year maximum of $2,000 for policy development or review

 

·         Invoice from vendor.

·         Proof of payment to vendor.

·         Copy of old and new policies, if requested.

 

Employee and supervisor training

 

 

 

Required documentation

 

Actual cost up to a total state fiscal year maximum of $5,000 for employee and supervisor training

 

·         Invoice from vendor.

·         Training curriculum.

·         Proof of attendance.

·         Proof of payment to vendor.

 

Drug testing

 

 

 

 

 

 

 

 

Required documentation

Actual cost up to a maximum of $100 for a lab drug test, including pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing.

 

Total state fiscal year maximum of $1,500 applies

 

·         Invoice from vendor.

·         Proof of payment to vendor.

·         Copy of workplace substance use policy, if requested.

·         Copy of second chance agreement, if requested.

·         Copy of the chain of custody form if requested.

 

Reimbursement shall be the actual cost up to the amount specified for each of the above properly documented services, subject to the parameters contained within Section IV.D of this policy.

 

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.

 

 


 


Appendix C

Chain of Custody Form

Worker (donor) demographics

Name or Employee ID number:

Contact number:

Address, City, State and Zip Code:

Date of birth:

I certify that I provided my urine specimen to the collector; that I have not adulterated it in any manner; 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.

Worker’s signature:

Date (mm/dd/yyyy):

Collection site demographics

Name:

Address, City, State and Zip Code:

Phone number:

Fax number:

To be completed by the collector

Reason for testing:

 

__ Pre-employment

 

 

__ Post-accident

 

__ Return-to-duty

 

__ Random

 

 

__ Reasonable suspicion

 

__ Follow-up

Drug test to be performed:

__ Amphetamines

__ Opiates

__ Cocaine

__ Benzodiazepines

__ Barbiturates

__ Oxycodone

__ Methadone

 __ Fentanyl

__ Marijuana metabolite

__ Hydrocodone

 

 

__ Other (specify)

Temperature within 90 and 100 F within 4 minutes of collection:

__ Yes

__ No

 

Specimen collection:

__ Split

__ Single

__ None provided (explain)

Additional observations:

Time of collection:

Date of collection (mm/dd/yyyy):

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.

Collector’s name (please print):

Signature of collector:

Time of specimen release:

Date of specimen release (mm/dd/yyyy):

Name of courier the specimen bottles were released to:

To be completed by the lab upon receipt of the specimen

Accessioner’s name (please print):

Signature of accessioner:

Specimen receipt date:

Specimen bottle seal intact?

__ Yes

__ No

Name of person specimen bottles released to:

__ Negative

__ Positive

__ Dilute

 

 

__ Test cancelled

__ Refusal to test

__ Adulterated

__ Substituted

 

Remarks:

Positive for:

__ Amphetamines

__ Opiates

__ Cocaine

__ Benzodiazepines

__ Barbiturates

__ Oxycodone

__ Methadone

__ Fentanyl

__ Marijuana metabolite

__ Hydrocodone

 

 

Other (list):

Remarks: