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Ohio law says all companies that bid or work on state construction jobs must have drug-free workplace
programs — no matter how few or how many employees they have. This applies to contractors and all levels of
subcontractors who want to work a State of Ohio construction project or who want to bid on and eventually
provide labor services and/or supervise workers on state construction sites.
To be eligible to bid or work on state construction jobs, you must:
- Maintain an active Ohio workers’ compensation policy number;
- Apply for and meet the requirements of BWC’s Drug-Free Workplace Program (DFWP) or Drug-Free EZ (DF-EZ) Program;
- Report progress to BWC on an annual report.
The following information answers some of the common questions employers have regarding drug-free workplace
programs and state construction contractors. Click the links below to view the information you are seeking.
How to apply for DFWP or DF-EZ
Complete an Application for Drug-Free Workplace Program and Drug-Free EZ (U-140). Check the box on the
application to request Level 0 participation (see the Important notes section for more details):
- If you only want to fulfill the minimum requirements needed to apply to workers and supervisors on the
job.
Check the box on the application to request Level 1 or Level 2 participation (see the Important notes section for more details):
- If you want a BWC premium discount for successfully completing the program;
- If you are willing to exceed the minimum requirements needed by applying the program requirements to all
company employees.
Important notes
Level 1 and Level 2 have more requirements, but successful participants receive BWC premium discounts for up to
five years.
Level 0 participants do not get premium discounts. However, you only need BWC’s approval at Level 0 to be
eligible to bid or work on state construction sites. Level 0 means that you will operate a BWC-approved
comparable drug-free program that applies, at minimum, to anyone who works on a state construction project
and/or supervises labor on a state construction site.
Contact your BWC employer services specialist for specific guidance about the program level that would
work best for you.
More details you need to know
BWC maintains a database of contractors and subcontractors approved to bid or work on state construction or
public improvement projects.
State contracting authorities will only consider bids from contractors who are part of BWC’s approved state
construction contractor database. It will not allow contractors or subcontractors of any size to provide labor
services on a public improvement project unless BWC’s state construction contractor database lists the employer
as approved.
To be eligible to bid or work on a state construction site or public improvement project, the contractor or
subcontractor must:
- Be enrolled in and implement a BWC drug-free workplace.
Employee education and supervisor training requirements
Level 0 requirements (education/training is one-time only for each employee and supervisor). Employees of
Level 0 contractors/subcontractors, including supervisors, must receive at least one hour of drug-free substance-awareness
education before working on a state construction site. Supervisors must also get an additional hour of
skill-building training before working on a state site.
Level 1, 2 or 3 requirements (annual training for each employee and supervisor). Employees of Level 1, 2 or
3 contractors, including supervisors, must also receive drug-free substance-awareness education/training before working on
a state construction site. In addition, they must get training each year.
Workers/supervisors on state construction sites are subject to substance testing at random intervals. The
contract for each project will address the percentage of employees subject to random testing.
Contractors must ensure their subcontractors enroll in or are in good standing in a BWC-approved drug-free
program. The state considers contractors who do not comply with this requirement to be in breach of their
contracts. The state may bar contractors/subcontractors who breach their contracts from bidding on or working
on state projects for up to five years. A subcontractor who brings a lower-tier subcontractor onto a state
construction project is bound by the same due diligence requirement.
BWC considers contractors in Level 0, 1, 2 or 3 of DFWP or DF-EZ to be compliant if:
- They meet the stated drug-free requirements;
- Submit annual self-assessment progress reports and supporting documentation that demonstrate substantive
compliance with drug-free program requirements.
Contractors and subcontractors must maintain active coverage with BWC to stay in the state construction
database.
Program level requirements
Level 0 requirements
- Maintain a written drug-free policy that applies to all workers and supervisors on a state construction job.
The policy should state that employees cannot have alcohol or drugs in their systems while working on a state
job. It should also list consequences for violating this work rule. Contractors may use the policy published
in BWC’s Drug-Free Workplace Self-Implementation Workbook.
- Conduct one hour of employee education on substance abuse issues for ALL workers, including supervisors,
before they can work on any state construction site. This also applies to subcontractors. This education should
help to reduce the risk of on-the-job accidents caused by drugs/alcohol through prevention.
Note: Each employee or supervisor only needs to get this education once.
- Supervisors must also receive one additional hour of skill-building training. This will help them to
identify employees who show signs of alcohol or drug use. This rule only applies to contractors who have
supervisors on-site at state construction jobs. Note: Each supervisor only
needs to get this training once.
- Conduct pre-employment drug testing. Any new employee or subcontractor on a state construction
job must pass a drug test before he or she can begin work. This does not apply to current employees.
- Perform random drug-testing. All workers and supervisors on a state construction job are subject to random
drug-testing. Again, this includes subcontractors.
- Conduct post-accident and reasonable suspicion testing. All employees, including subcontractors, are
subject to drug and alcohol testing after an accident as defined in BWC’s drug-free program materials. Also,
if there is reasonable suspicion that an employee has alcohol or drugs in his or her system, this could lead
to testing.
- Offer employee assistance. State construction contractors must have available a list of employee
assistance vendors to give to any worker who has a substance problem.
- Submit an annual report. State construction contractors must file an annual report with BWC that details
their drug-free program efforts. Employers can find the form needed to complete this report at the back of
BWC’s Drug-Free Workplace Self-Implementation Workbook.
Level 1 requirements are the same as those for Level 0. However, participants must conduct employee
and supervisor training every year rather than just one time.
Related links
State construction contractor look-up
HB 80 and Legislative Service Commission Final Analysis
Drug-Free Workplace Program
Drug-Free EZ
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