Federal & State Regulations | Drug-free workplace - Ohio

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Drug-Free Workplace Discount Program

Employers may be granted a discount on workers’ compensation premium rates for meeting drug-free workplace program requirements. The program consists of three levels. Employers receive different discounts based on the type of drug-free workplace program that is implemented. For a Level 1 program, which offers a ten percent discount, employers must establish a written policy, conduct annual employee education and supervisor training, and conduct drug and alcohol testing (pre-employment, post-accident, reasonable suspicion, follow-up and return-to-duty). Testing must be done in conformance with federal standards. For Level 2 participation, with a 15 percent discount, random testing must be introduced as well as direct referral for assessment after a positive test rather than providing a list of treatment centers. A Level 3 program must test a higher percentage for random testing, as well as offer health care coverage for chemical dependencies. This program offers a 20 percent discount.

An employer participating in the deductible program may participate in any other bureau rate program, except that an employer cannot utilize or participate in a drug-free safety program premium discount if a deductible level of twenty-five thousand dollars, fifty thousand dollars, one hundred thousand dollars, or two hundred thousand dollars is selected. An employer which such a deductible may implement or continue to use the drug-free safety program, but will not receive the premium discount typically associated with program participation.

For more information on the deductible program, see Ohio Revised Code 4123-17-72, http://codes.ohio.gov/oac/4123-17-72)

For public employers, random testing only applies to safety sensitive positions.