Drug testing - Ohio

Drug-free Safety Program

The Ohio Bureau of Workers' Compensation has developed a Drug-Free Safety Program. Employers may be granted a premium rebate for implementing the program. All employers that would like to bid on state of Ohio public improvement or construction projects must be enrolled and in good standing in the Drug-Free Safety Program or a comparable program that has been approved by the Bureau of Workers’ Compensation. To participate in the Drug-Free Safety Program, employers must complete an application form.

To be eligible for the program, an employer must:

• Be a private or 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.

Basic and Advanced level programs are available. Both levels require pre-employment, reasonable suspicion, post-accident, return-to-duty, and follow-up testing. Random testing is also required at the Advanced level.

Program requirements include training:

Employee education: Employees must receive an hour of initial educational training and an hour of refresher training annually. The training should focus on preventing workplace accidents and injuries caused by substance abuse, and should be presented in the context of a company’s overall efforts to promote workplace safety. A qualified substance abuse professional must present the employee training or be involved in designing the content. If the training is presented by a manger, a qualified substance abuse professional must be available to act as a resource in the event there are questions the manager can’t answer.

Supervisor 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. Supervisors need to be trained to identify problems and intervene when necessary. Elements of the supervisor training program include:

• Behavioral observation
• Documentation
• Problem confrontation
• Determination of reasonable suspicion
• How to make a testing referral
• How to make a referral for assistance

Workers’ compensation
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. The law sets standards for a qualifying test and reasonable cause for suspicion. 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. If the work-related injury is caused by drug use or intoxication, benefits may be denied. The employee can rebut the presumption by providing proof they were not under the influence or that they were taking prescription medication under their doctor’s care.