|
Self-insuring employers and state agencies are not eligible for the discounts, but
may receive technical assistance from BWC to establish a substance-free work environment.
These are the initial requirements for program eligibility. Employers determined to be
ineligible may reapply in a subsequent program year, except for those determined to be
ineligible based upon having an existing substance-free program for four or more years
comparable to BWC’s DFWP Level 1.
What are the key components of DFWP?
DFWP is designed to help employers deter, detect and take corrective action related to
substance use that affects workplace safety. Participants must develop a substance policy
that describes their drug-free program. The policy should describe annual employee education
and supervisor training, drug and alcohol testing, and employee assistance,
which – along with the written policy – comprise the key components of any effective
drug-free workplace program.
Program requirements
For more details, order the
Drug-Free Workplace Program Procedural Guide online, or call 1-800-OHIOBWC, and listen to
the options.
Written substance policy
You will be able to review a sample/model policy that BWC will provide to show you how to structure your written
drug-free policy. Then, you will be able to add the specifics for your business and take the policy to legal
counsel for review – a cost savings over paying an employment law attorney to design the policy. A substance
policy is a key element because it lays out all the ground rules and describes acceptable and unacceptable work
behavior along with the consequences for violating the policy.
Back to program requirements
Employee education
DFWP incorporates awareness of the dangers of substance use in the workplace. Participating employers must offer
each employee two hours initially within the first three months of initial program participation and two hours
annually thereafter. You can contract with professionals to do substance educational awareness or, through a
Train the Trainer course, you can do it yourself. The key is still to provide information on substance problems
in the workplace to ALL employees and to not offer the same information year after year.
While a qualified/credentialed substance professional may present the educational material, it is possible
for the employer to obtain these materials from a qualified source and have a manager present the information.
However, questions raised by employees that the manager is not able to answer must go to a qualified substance
professional for a response within two business days. Although a credentialed person does not have to present
the information to your employees, it's important to use a qualified, credentialed person or anyone else who
has experience in the substance education field to prepare the training content and act as a resource for you.
A safety grant can help offset this expense.
Back to program requirements
Supervisor training
Skill-building training for all supervisors is four hours initially and two hours annually as refresher for
supervisors who already have the four hours. You must use a trainer that is credentialed or qualified by
experience in substance training for supervisors, so your supervisors can meet their responsibilities for
supporting your program. Supervisor skill-building training includes:
- Behavioral observation;
- Documentation;
- Appropriate and professional confrontation;
- How to make referrals for testing;
- How to make referrals to assistance.
Back to program requirements
Drug and alcohol testing
Additional choices provide greater flexibility for employers in terms of post-accident and follow-up testing. Employers will need to do:
- 100-percent, pre-employment drug testing (or new-hire testing or a combination of the two);
- Reasonable suspicion drug and/or alcohol testing;
- Post-accident drug and/or alcohol testing of anyone who may have caused or contributed to an accident;
- Return-to-duty testing.
You do not have to conduct a post-accident test if all of the following circumstances exist:
- The accident resulted in a minor injury, even when off-site medical attention was required;
- There was no violation of work rules;
- No “reasonable suspicion” related to the accident;
- The accident is considered “normal” in relationship to the job functions.
Testing focuses on who may have caused or contributed to a work-related accident where there is an injury
requiring off-site medical attention or damage to company property or vehicles in apparent excess of an amount
the employer specifies in its written policy. An accident investigation is the key to determine whom to test
and to determine when alcohol testing is appropriate along with a possible drug test.
The testing system used for DFWP is called “systems presence testing.” This form of testing for specified
drugs and alcohol has the support of organized labor and is considered the fairest and most reliable testing
system in existence.
Back to program requirements
Employee assistance
While BWC recommends the highest degree of assistance available for employees, we require employers
participating in Level 1 to have a list of local assistance resources for employees and their families. BWC has
compiled a list of local community resources for participating employers to use when someone comes forward
voluntarily or tests positive. Level 2 of DFWP requires employers to add the pre-establishment of a working
relationship with an employee assistance provided to whom an employee with a substance problem could be
referred. Level 3 of DFWP requires employers to add health care coverage that includes the option of chemical
dependency counseling.
Back to program requirements
10-Step Business Plan for Safety
Level 2 of DFWP requires five steps of BWC’s safety program, the 10-Step Business Plan for Safety. Steps 1 (senior
leadership); 2 (employee involvement); and 6 (safety and health process coordination and employer education)
are all required along with two other steps. DFWP requires all ten steps for Level 3 employers.
Back to program requirements
Promotion of consortia
We encourage you to use the services of one-stop shop consortia to make it easier
for you to meet our program requirements and to realize cost savings associated
with economies of scale. We promote the development of these consortia by
private-sector agencies, and you can get a list of consortia considered
BWC-approved from your BWC employer services specialist.
What type of legal review do I need for my program and written substance
policy?
We strongly urge employers to have the company’s program reviewed by competent
legal counsel familiar with employment law and drug-free case law. Counsel should
ensure adherence to applicable state laws, review the policy for protection of
employer interests and employees’ rights and ensure adherence to any collective
bargaining agreements in place. We expressly disclaim that any information provided
by BWC staff or BWC documents constitutes legal advice.
How can I protect my employees' confidentiality rights?
Our drug-free workplace programs have built-in protections that ensure the
privacy of all employees. We advise employers to send faxes that share individual
testing information and employee assistance to a secure fax machine. We require
all program documents concerning an individual’s testing and treatment results
be kept separate from the general personnel file and secured.
It is important for employers to note the new Health Insurance Portability
and Accountability Act (HIPAA) appears to have limited but important implications
for participating drug-free employers. BWC program requirements already strongly
stress confidentiality of personal information and a signed consent-to-testing form
for each employee as a term and condition of employment. Employers should follow the
guidance provided by their legal counsel in terms of updating their
consent-to-testing forms and any release of information forms to ensure adherence
to HIPAA privacy requirements.
What discounts are available to employers for participating in the DFWP?
- Employers participating in both DFWP and the One Claim Program during the same
program period will receive a discount for both programs for such program periods.
- Employers may participate in both DFWP and individual-retrospective rating;
however, they will receive the greater of the two benefits, which is always
the individual-retrospective rating benefit.
- Employers may participate in both DFWP, group-experience or
group-retrospective rating; however, they will
always receive the group credit not the DFWP discount.
Level 1 - 10-percent discount
Level 1 requires development of a written policy and certain types of testing:
pre-employment and/or new hire; reasonable suspicion; post-accident; and follow-up.
In addition, employers must do annual employee education and supervisor training and
develop a list of local community resources that employees with problems can turn to
for assistance.
Level 2 - 15-percent discount
Level 2 requires the same drug and alcohol testing requirements as Level 1 along with random
drug testing of 10 percent of the average annual total work force. For public
employers, random testing applies only to safety-sensitive positions or functions,
as defined by the employer. Level 2 employers must offer annual employee education
and supervisor training, and must expand available employee assistance. In addition,
they must implement five steps of BWC’s
10-Step Business Plan for Safety, a highly coordinated safety program.
Level 3 - 20-percent discount
Level 3 requires 25-percent random drug testing, employee education, supervisor
training and expanded employee assistance. Employers must also implement all
10 steps of the 10-Step Business
Plan for Safety.
Who benefits?
Employers who implement the DFWP provide greater protection for all employees.
Consider these benefits.
- Increased productivity
- Fewer accidents
- Decreased severity of accidents
- Reduction in use of workers' compensation medical benefits by substance users
- Decrease in theft
- Protecting the bottom line
Drug-Free Vendor Directory
BWC has partnered with The Ohio Department of Alcohol and Drug Addiction Services
(ODADAS) to offer Ohio employers a listing of companies and individuals qualified
to supply services related to a drug-free workplace. Employers may access the
DFWP Provider Directory to obtain contact information for providers by service
such as employee education and supervisor training. Employers also can search
by county served or statewide service availability.
Related links
Application for Drug-Free Workplace Program and Drug-Free EZ (U-140)
Drug-Free Workplace Program Technical Assistance Manual
Drug-Free Workplace Self-Implementation Workbook
SafetyGRANT$ information for DFWP and DF-EZ participants
Rebuttable presumption details
|
