HB 80 vs. DFSP, Part II

Winning state business

BY DEE MASON

HB 80 states that any contractor at any tier who wants to bid or provide labor services on a state construction project is required to be operating a drug-free workplace and employing at least the specifications stipulated in the law. Since public projects are where the money is these days that’s important information to know.
The Ohio Bureau of Workers’ Compensation just rolled out its new voluntary Drug-Free Safety Program that can yield workers’ compensation premium discounts of 3%-7%. The DFSP actually requires an employer to operate the same five drug-free workplace program components as are required under HB 80. The five components are a written policy; employee education; training for supervisors; drug and alcohol testing; and a plan for assisting employees troubled by alcohol/drug problems. Participating
in DFSP has an additional safety
training requirement that is not part
of HB 80 specifications.
It is noteworthy that an employer who is participating in the DFSP will satisfy the requirements of HB 80. However, an employer who meets the minimum requirements of HB 80 will not reach the level of requirements to qualify for a discount on his/her workers’ compensation premium. Let’s look at how some of the other requirements of the two programs compare.
Coverage. A contractor doing DFSP will have all employees covered by the program. Whereas the contractor who is doing the minimum to qualify for HB 80 can assign the program requirements to just the laborers and supervisors that will be working at the site (this is referred to as a “comparable” program).
Policy & employee education. Both HB 80 and the DFSP require that the employer distribute a drug-free workplace policy to all employees governed by the program. Both programs require one hour of education for all employees and supervisors (or if doing a comparable program, solely the laborers and supervisors that will be on the state construction worksite). To satisfy HB 80, this happens only once. For the discount program, it is annual.
Supervisor training. To satisfy HB 80, supervisors (or if doing a comparable program solely the supervisors that will be on the site) must receive an additional hour of skill-building training one time. DFSP requires these supervisors to receive two hours of skill-building training initially and one hour each subsequent year as well. Additionally, the contractor participating in the DFSP will need to have every supervisor receive accident analysis training one time.
Drug & alcohol testing. Both programs require that the covered workers are subject to appropriate (mirroring federal protocols) drug and alcohol testing. To satisfy HB 80, any employee that will be on the site needs to have had a pre-employment drug test. DFSP participating employers have the option of applying either pre-employment or unannounced new-hire testing to all new employees. However, if a DFSP employer is hiring for workers to work on state jobs, those workers should be pre-job tested.
Both programs require testing when there is reasonable suspicion or following a qualifying accident. Additionally, testing must happen when a worker returns to duty following a program violation. Further, if a worker returns to duty after having received treatment for chemical dependency, s/he will be subject to follow-up testing to be sure the returning employee is staying clean and sober on the job.
All labor and supervisors that will be on a state construction site will be subject to random testing at a rate of 5% of the pool. However, if the contractor is participating in DFSP for the higher discount available, s/he will be required to do random testing at an annual rate of 15%, for the lower discount level … DFSP requires no random testing.
Assistance plan. Lastly, contractors are required to have a “plan” to assist employees who; seek help on their own, are referred by management for a possible problem with alcohol/drugs, and/or have a positive alcohol/drug test. This plan at a minimum for both programs requires the contractor to have a list of employee assistance vendors for chemical dependency treatment services.
For a DFSP contractor targeting the higher available premium discounts, s/he must be willing to give a second chance following the first time an employee tests positive. Additionally for this higher discount, the contractor must facilitate and pay for a diagnostic assessment (not rehabilitation or treatment) of the violating employee. This is an element in the DFSP that has caused some extra confusion. Although healthcare insurance or an employee assistance program can administer this diagnostic review, it can also be performed by community service agencies many of which have sliding fee scales because they are subsidized by tax dollars (yours and mine).
Reporting. Reporting requirements to satisfy either HB 80 or DFSP will be done on-line. Contractors satisfying only HB 80 get a break. Their report is only three pages whereas the DFSP report is a four-page document.
Enrolling. To participate with either program, the contractor must submit a U-140 application form for DFSP (access this form at http://www.workingpartners.com/demos/U-140.pdf). In completing this form, the contractor should check the box on the application to request “comparable” participation if s/he only wants to fulfill the HB 80 requirements (applying the HB 80 minimum requirements to all or solely workers and supervisors on the job). Or, the contractor needs to check the box on the application to request the BASIC or the ADVANCED Level of participation in the Drug-Free Safety Program if interested in qualifying for a discount.
Qualifying for State projects. Under either scenario, upon receipt of this U-140 form, the contractor’s identifying information will go on the “Look-Up” list identifying contractors who are qualified for state projects.
If you would like a set of 11 slides with more in-depth information about the requirements of
HB 80, please go to http://workingpartners.com/calendar-and-news/releases.asp?document=717
Whew! All this and there’s lots we didn’t give you here. Still confused? Call Working Partners® at
614-337-8200 or toll-free at 866-354-3397. BXM
Dee Mason is the president of Working Partners, which offers drug-free workplace services for BX
members and the construction industry.