1. Welcome to BWC Tina Kielmeyer, Chief, Customer Services Division Abe Tarawneh, Ph.D, Superintendent, DSH

2. April 8, 20102 Drug-Free Safety Program (DFSP) Effective July 1, 2010!

3. April 8, 20103 Key points o Wider reaching and with expanded benefits o Benefits not limited to five years Simpler and easier to implement: one program with two levels, Basic and Advanced Streamlined application process

4. April 8, 20104 Key points o Effective with measurable results Streamlined safety components Better reporting data Continuous measurement and evaluation o Actuarially sound

5. April 8, 20105 Key points o Unlimited years of participation o Continuous participation not required o Better reporting data o Online safety review o Online accident-analysis training

6. April 8, 20106 Summary of benefits o Benefit levels Basic – 4% discount Advanced – 7% discount o Group-experience rated – 3% discount up to max group credit – Advanced only o Reduced education and training o Drug-Free grants program redesigned

7. April 8, 20107 DFSP program elements o Safety processes o Written DFSP policy o Employee education o Supervisor training o Alcohol and other drug testing o Employee assistance

8. DFSP: Required elements DFWP/DF-EZ: Required elements Safety o Safety review o Accident-analysis training o Accident reporting o Safety action plan – Advanced Written DFSP policy Safety o Variety of steps from the 10-Step Business Plan for Safety depending upon program level and whether DWSP or DF-EZ Written DFWP policy April 8, 20108

9. 9 DFSP: Required elements DFWP/DF-EZ: Required elements Employee education o One hour initially o One-hour annual refresher Supervisor training o Two hours initially o One-hour annual refresher Employee education o DFWP: Two hours annually o DF-EZ: One hour annually Supervisor training o DFWP: Four hours initially Two-hour annual refresher o DF-EZ: Two hours initially One-hour annual refresher

10. DFSP: Required elements DFWP/DF-EZ: Required elements Alcohol/other drug testing o Basic Pre-employment/new hire Reasonable suspicion Post accident Return to duty Follow up o Advanced: Basic plus random drug testing of at least 15% Alcohol/other drug testing o Level 1: Same as DFSP Basic o Levels 2 & 3: Level 1 plus Level 2 – Random drug testing at 10% Level 3 – Random drug testing at 25% April 8, 201010

11. DFSP: Required elements DF-EZ: Required elements Employee assistance Basic o Provide list of community resources o May terminate on first positive Employee assistance DF-EZ o Levels 1, 2, 3: Provide list of local community helping resources o May terminate on first positive April 8, 201011

12. April 8, 201012 DFSP: Required Elements DFWP: Required Elements Employee assistance Advanced o Provide for assessment, no termination on first positive test o Exceptions articulated in BWC policy (case-by-case consideration) Employee assistance DFWP o Level 1: List of helping resources o Level 2: Add referral for an assessment o Level 3: Add health care coverage with chemical dependency counseling o Levels 2 and 3: No termination on first positive, exceptions exist

13. Details

14. Compatibility When participating in another BWC rating plan, can employer stack DFSP discount on top of other program benefit? April 8, 201014

15. April 8, 201015 Compatibility YES o Group-experience rating and Advanced level of DFSP (additional 3%, but may not exceed cap) o Safety council o Salary continuation (claims with DOI prior to Jan. 1, 2011 can continue to have salary continuation paid AND be eligible for DFSP discount) o Small deductible

16. April 8, 201016 Compatibility NO o 100-percent Experience Modifier cap o $15,000 medical only o Group-experience rating and Basic level of DFSP o Group-retrospective rating

17. April 8, 201017 Compatibility NO o Large deductible o One claim o Paid-loss retrospective rating o Salary continuation (if applied to claims with dates of injury on or after Jan. 1, 2011)

18. Written DFSP policy o BWC provides outline rather than a sample policy. Avoids liability Avoids copying o Employers now customize policy to operations. o There is strong support from external and internal parties. April 8, 201018

19. April 8, 201019 Employee education o BWC stipulates required content. Content hasn’t changed from DFWP/DF-EZ. o Qualified professional needs to be included. o Employers have a range of educational options.

20. Supervisor training o BWC requires the content. Content hasn’t changed from DFWP/DF-EZ. o Qualified professional needs to be included. o There are a number of options for supervisor training. There are liability issues to consider. o BWC offers online accident-analysis training for supervisors. April 8, 201020

21. Alcohol and other drug testing o Same testing is required as for DFWP/DF-EZ. o Accident analysis determines cause or contribution. o Employer “generally” pays for cost of testing. o Federal testing model: Split specimen not required on a pre-employment drug test. April 8, 201021

22. April 8, 201022 Alcohol and other drug testing Post-accident testing not required when all of the following occur: o Injury is minor even if off-site medical attention required; o No violation of work rules; o Injury is normal to employee’s job functions; o Accident analysis shows no reasonable suspicion.

23. Alcohol and other drug testing No changes o Rebuttable presumption (HB223) o State construction drug-free mandate (Sec. 153.03 ORC) o Public employers variances per constitutional constraints (pre-employment, new-hire, post- accident tests) o May choose to test for additional drugs April 8, 201023

24. April 8, 201024 Employee assistance o Required commitment to employee health and wellness o Encouraged to offer highest assistance possible o Compile list of helping resources o Advanced-level – Pre-arranged relationship with assistance professional to facilitate assessment referral o Termination issues

25. April 8, 201025 Changes to federal testing o As of Oct. 1, 2010: Six-panel drug screen; Ecstasy/MDMA added; Adds six-acetylmorphine (6-AM) test; o Verifies heroin.

26. April 8, 201026 Changes to federal testing o Lower cut-off level – preliminary and confirmation Cocaine Amphetamines o New chain-of-custody form

27. Additional benefits o Accident reduction makes employers attractive to group. o Preventing accidents helps retain group rating. o Long-range benefits include lower EM. o Community benefits from a more employable work force. April 8, 2010 27

28. DFSP Questions dfsp@bwc.state.oh.us dfsp@bwc.state.oh.us