Policy and Procedure
Name:
|
Research Data Sharing
|
Policy #:
|
LP-18-01
|
Code/Rule Reference:
|
R.C. 4123.88
|
Effective Date:
|
01/01/2019
|
Approved:
|
Kevin Cogan, Chief Legal Counsel & Ethics Officer
|
Origin:
|
Legal Services
|
Supersedes:
|
All policies, directives
and memos regarding research data sharing that predate the effective date of
this policy.
|
History:
|
New
|
I.
POLICY
PURPOSE
The purpose of this policy
is to ensure uniform standards and procedures are applied to all requests from
researchers for BWC data.
II.
APPLICABILITY
This policy applies to all
BWC staff.
III. DEFINITIONS
Researcher: A person carrying out academic or
scientific research, used to establish or confirm facts, reaffirm the results
of previous work, solve new or existing problems, support theorems or develop
new theories.
Confidential Personal
Information: Any
injured worker data maintained in a state system that contains a name or any
other identifier, and which describes anything about, done by or done to a
person.
Sensitive information: Any information, the access or release
of which would be unlawful, would compromise BWC’s ability to carry out its
functions, or would expose BWC and customer confidential information. This
definition includes confidential personal information.
IV. POLICY
It
is the policy of BWC to encourage research of matters that could contribute to
the health and safety of Ohio’s workforce, more effective care of injured
workers, and more efficient management of the workers’ compensation system,
while continuing to ensure the security of confidential information.
V.
PROCEDURE
A.
Application Submission
and Requirements
1.
The researcher must
submit an application to the BWC Office of the General Counsel. If an
application is received by any other BWC division, BWC staff shall forward the
application to the Office of the General Counsel.
2.
All applications
shall include:
a.
A description of the
objectives and hypotheses of the project and what
compelling public interest it will serve, including the potential
contribution to the health and safety of Ohio’s workforce, more effective care
of injured workers, and more efficient management of the workers’ compensation
system;
b.
How the project will
offer original information not provided in past studies;
c.
A description of the
method(s) that will be used, including how the security of sensitive and confidential
personal information will be maintained;
d.
The research team’s
qualifications and prior experience and/or history of publication in the area
of workers’ compensation, health care or workplace safety; and
e.
A complete
description of the data necessary for completion of the study and the timeframe
during which the data will be utilized.
f.
A description of any
decisions or feedback from an institutional review board, or if there was no
review, an explanation of why the project does not require institutional
review.
B.
Application Review
and Decision
1.
The Office of the
General Counsel will conduct an initial review of the application.
a.
If required
information is missing, the Office of the General Counsel will contact the
applicant and identify the information still needed.
b.
If the requested
information is not provided in a timely manner, the Office of the General
Counsel may deny the application without further consideration.
c.
If all necessary
information has been provided, the Office of the General Counsel will forward a
copy of the application to the chiefs of all the impacted BWC divisions.
d.
If the data
requested includes sensitive or confidential personal information, the division
chiefs shall evaluate whether there is a compelling business or public policy
interest that outweighs the interest in confidentiality.
2.
The Office of the
General Counsel will gather input from the division chiefs regarding whether
the application should be approved or denied. Input may be received
individually from the division chiefs or the Office of the General Counsel may
choose to schedule a meeting with all the division chiefs.
3.
The Office of the
General Counsel will forward a copy of the application and a summary of the
input received from the division chiefs to the Administrator or the Administrator’s
designee. The Administrator or designee will make the final decision approving
or denying the application.
4.
The Office of the
General Counsel will communicate the decision to the researcher/applicant in
writing.
5.
The researcher/applicant
will be advised any approval is contingent upon execution of an agreement which
will include:
a.
The components of
the project previously referenced in this policy (e.g., objectives, hypotheses,
methods);
b.
The requirements
related to non-disclosure of sensitive or confidential personal information;
c.
The provisions that BWC
has the option to monitor the research project and will be provided with the
final results of the project, including any published articles, etc.
6.
BWC will not gather
or release any data until all necessary agreements are executed.