OhioBWC - Basics: (Policy library) - File

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.