Drug testing - Ohio

Substance Use and Prevention Recovery Program (SUPR)

The Ohio Bureau of Workers' Compensation has developed a Substance Use and Prevention Recovery Program (SUPR). Employers may be granted a premium rebate for participating in the program. They may also receive reimbursement grants for policy development, training, drug and alcohol testing, and substance use assessments.

To be eligible for the program, an employer must:

• Be a private, state-fund employer, or a public employer taxing district;
• Be current on all payments due to the Ohio Bureau of Workers’ Compensation and be in active policy status;
• Not have cumulative lapses in workers' compensation coverage of more than 40 days within the preceding 12 months;
• Report actual payroll for the preceding policy year;
• Pay any premium due upon reconciliation of estimated premium and actual premium for that policy year.

All employers are eligible to receive reimbursement for costs relating to managing substance use in the workplace. Employers enrolling at the basic and advanced levels also receive a bonus on workers’ compensation insurance premium payments. Self-insured employers can enroll at the comparable level to be included on the list approved state construction contractors.

Eligible employers can receive reimbursement for:

• Policy development
• Employee and supervisor training
• Drug testing
• Substance use assessments
• Access to the Better You! Better Ohio! program

Employers applying only for reimbursement must keep documentation to support the reimbursement request for three years. The basic, advanced, and comparable levels also require employers to train supervisors and employees, conduct drug and alcohol testing, and have a written policy.

The training requirements for employers participating at the basic, advanced, and comparable levels are as follows:

Employee education: Employees must receive an hour of initial educational training and an hour of refresher training annually. Training must be conducted by a qualified or credentialed substance abuse professions. Employers can go through the Bureau of Workers’ Compensation learning center or send a manager though a train-the-trainer program. Educational materials for from a train-the-trainer program must be updated at least every three years. Information on substance use in the workplace must be provided to all employees; employers should not use the same information year after year.

Supervisor training: In addition to receiving employee training, supervisors must have two hours of initial training and one hour of refresher training annually. The trainer must be a qualified substance abuse professional. A manager may be sent to a train-the-trainer class, and the manager may conduct supervisor skill-building training. Educational materials for from a train-the-trainer program must be updated at least every three years. Employers may use the Bureau of Workers’ Compensation learning center for the training.

Workers’ compensation
If the work-related injury is caused by drug use or intoxication, benefits may be denied. It is presumed that an employee’s work-related injury is caused by intoxication or drug use if within 8 hours of injury the breath level or blood alcohol is equal to or in excess of established levels, or if within 32 hours the employee tests positive for certain drugs.

A qualifying test includes a test given when the employer had reasonable cause to suspect that employee may be intoxicated, under the influence of a controlled substance not prescribed by a medical provider, or under the influence of marijuana.

Reasonable cause includes evidence that an employee is or was using alcohol, a controlled substance, or marijuana based on facts and reasonable inferences in light of experience and training. Facts and inferences leading to reasonable cause may include observable phenomena, such as direct observation of use, possession, or distribution of alcohol, a controlled substance, or marijuana, or the physical symptoms of being under the influence. This can include slurred speech, dilated pupils, odors, or dynamic mood swings. It can also include a pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance (such as frequent absenteeism, excessive tardiness, or recurrent accidents) that appears to be related to the use of alcohol, a controlled substance, or marijuana and does not appear to be attributable to other factors. In addition, it can include a report from a credible source, a criminal investigation, or repeated safety violations that appear to be related to the use of alcohol, controlled substances, or marijuana.

Test results must be processed by a certified laboratory.

The employer must post a notice to employees informing them that a positive test or refusal to test may affect their ability to receive workers’ compensation benefits. The notice must be posted in the same location as workers’ compensation coverage certificate. It may be posted online.