Ohio Drug-Free Workplace Program – Workers’ Comp Insurance Discount

Introduction

Ohio’s Substance Use Prevention & Recovery (SUPR) Program replaces the old Drug-Free Safety Program and provides premium rebates, reimbursements, and recognition for employers that implement a compliant drug- and alcohol-free workplace.

Private employers seeking the rebate must comply with:

Ohio Administrative Code Rule 4123-17-58, which defines SUPR levels (Basic, Advanced, Comparable, Reimbursement Only) and outlines required elements such as policy, education, testing, accident analysis, and employee assistance.
Federal HHS/SAMHSA Testing Standards, which Ohio incorporates to ensure valid specimen collection, cutoff levels, confirmation methods, and MRO review.

Ohio Revised Code § 153.03 applies only to contractors working on public improvement projects, where enrollment in SUPR (or a comparable program) is mandatory.

Following these requirements ensures full participation in SUPR, eligibility for premium rebates (up to 7% for Advanced level), and a safer, compliant workplace. Below you’ll find a complete overview of program benefits, statutory requirements, testing rules, and the application process.

Benefits of Ohio’s SUPR Program (Drug-Free Workplace Program)

Premium Rebates & Grant Eligibility - Employers achieving Advanced level certification may receive up to a 7% premium rebate, along with eligibility for workforce safety grants and recognition.
Better Workplace Safety - SUPR programs reduce the incidence of substance-related incidents, workplace injuries, and lost-time claims through structured prevention and remediation strategies.
Comprehensive Compliance Framework - Ohio law (Ohio Rev. Code § 153.03) and Administrative Code Rule 4123-17-58 provide a robust structure for policy, employee education, testing protocols, and employee assistance.
Credible Testing Standards - SUPR mandates compliance with federal HHS/SAMHSA testing guidelines, including chain-of-custody, cutoff levels, confirmation testing, and MRO review, ensuring defensibility of results.
Enhanced Employer Defense - Properly implemented SUPR programs strengthen employers’ position when responding to post-accident investigations or workers’ compensation claims.
Positive Work Culture and Retention - A visible commitment to employee health, safety, and well-being builds trust, morale, and retention, especially in safety-sensitive industries.

Program Requirements in Ohio (At a Glance)

Here’s a quick comparison chart based on Ohio Revised Code § 153.03 (public improvement contractor requirements) and Ohio Administrative Code Rule 4123-17-58 (Substance Use Prevention & Recovery Program), with guidance from the Ohio Bureau of Workers’ Compensation (BWC) and federal HHS/SAMHSA drug testing standards.

Category	Ohio Requirements
Statutory Authority	Ohio Revised Code § 153.03 (contractor enrollment requirement) and Ohio Administrative Code Rule 4123-17-58 (SUPR Program structure).
Program / Premium Credit	Basic Level: up to 4% premium rebate; Advanced Level: up to 7% premium rebate.
Administration	Enrollment and annual renewal through the Ohio BWC Employer Programs Portal.
Written Policy	Must include prohibited conduct, testing triggers, confidentiality, employee rights, and consequences; Advanced level must describe random selection process and non-termination policy for first-time positives.
Employee Education	Minimum 1 hour annually; covers substance abuse risks, company policy, testing procedures, and assistance resources (OAC 4123-17-58).
Supervisor Training	Minimum 2 hours first year + 1 hour annual refresher; covers signs/symptoms of use, documentation, and referral procedures (OAC 4123-17-58).
Employee Assistance Program (EAP)	Employer must provide access to EAP or qualified substance abuse professional for assessment, especially required for Advanced level support obligations.
Authorized Test Triggers	Pre-employment, reasonable suspicion, post-accident, return-to-duty, follow-up; Advanced adds random testing (≥15% of workforce annually).
Specimens & Methods	Testing must follow HHS/SAMHSA federal model: urine for drugs, breath/saliva for alcohol screen, blood for confirmation as needed.
Panel & Substances	Testing must conform to the federal HHS/SAMHSA drug testing model, which uses the standard five-panel (marijuana/THC, cocaine, opiates, amphetamines, PCP). All testing must follow SAMHSA-approved cutoff levels, specimen handling, and confirmation procedures (e.g., GC/MS) to be considered valid.
Cutoffs & Confirmation	Initial positives must meet SAMHSA cutoff levels and be confirmed by GC/MS or equivalent before action is taken.
Medical Review Officer (MRO)	Mandatory for all confirmed positives; MRO must review results before reporting to employer.
Marijuana Policy	Medical marijuana is not a protected accommodation under SUPR; employers may enforce zero-tolerance policies and test for THC.
Confidentiality	Results must be kept confidential and shared only with those who need to know for employment decisions.
First-Time Positive Policy	Advanced level requires a non-termination policy for first-time positives and provision of assessment/rehab opportunity.
Random Testing	Advanced level requires testing of ≥15% of the workforce each program year.
Renewal & Recordkeeping	Annual renewal required; maintain policy distribution records, training attendance, random selection logs, and test results.

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements for Ohio’s SUPR Program

Ohio’s SUPR Program mandates that employers adhere to specific testing triggers and standards, as outlined in Ohio Administrative Code Rule 4123-17-58. A compliant testing regimen should include:

Basic Level Requirements (Rebate up to 4%):

Pre-employment / New-hire Testing - Administered before or at the time a new employee begins work.
Post-Accident Testing - Conducted following workplace accidents.
Reasonable Suspicion Testing - Based on documented observations of impairment or policy violations.
Return-to-Duty and Follow-Up Testing - Required when an employee returns to safety-sensitive work or during rehabilitation monitoring.

Advanced Level Additions (Rebate Up to 7%):

Random Testing - Must include at least 15% of the workforce per program period. Your policy must clearly explain how random testing is conducted.
Substance Use Support - Employers must pre-identify a qualified assessor and cover assessment costs for:
- Employees who test positive for the first time
- Those who voluntarily report a substance issue
- Those referred by a supervisor
Non-Termination Policy for First-Time Positives - Employers must commit not to terminate employment for the first offense but to provide support instead.

Uniform Federally-Aligned Standards:

Regardless of level, all testing must conform to the Federal Testing Model issued by HHS/SAMHSA - including proper specimen handling (chain-of-custody), cutoffs, confirmation methods, and MRO review

How to Apply for SUPR Program Premium Rebates

1. Choose Your Level

Decide whether to participate at the Basic (up to 4% rebate) or Advanced (up to 7% rebate) level.
Review Ohio Administrative Code Rule 4123-17-58 to confirm program requirements for your chosen level.

2. Develop or Update Your Policy

Create a written drug-free and alcohol-free workplace policy covering all required elements: testing triggers, confidentiality, employee rights, and consequences.
Include a clear statement of your random testing process (if choosing Advanced level).

3. Implement Program Components

Train employees (education) and supervisors (reasonable suspicion training) as required.
Set up testing with a SAMHSA-certified laboratory, chain-of-custody procedures, and MRO review.
Arrange for an Employee Assistance Program (EAP) or substance assessment resource if required.

4. Enroll with BWC

Submit enrollment through the Ohio BWC Employer Programs Portal during the annual application window.
Provide documentation of your policy, training, and testing program.

5. Maintain and Renew Annually

Keep records of all testing, policy distribution, education, and random selection results.
Re-enroll each year to continue receiving the rebate and maintain compliance.

Why Choose ASAP Programs for Compliance?

Implementing Ohio’s SUPR Program isn’t just about drafting a policy, you must meet the requirements in Ohio Admin. Code Rule 4123-17-58, align with federal testing standards, and document everything for BWC enrollment and renewal. ASAP Programs takes the complexity out of compliance by managing the process from start to finish:

Policy Development & Review: We write your workplace policy to meet BWC requirements, including random testing procedures (Advanced level) and employee rights language.
Testing Program Setup: We establish relationships with SAMHSA-certified labs, create chain-of-custody protocols, and ensure MRO review is in place for all confirmations.
Education & Training: We provide employee education and supervisor reasonable-suspicion training materials that satisfy program requirements.
BWC Enrollment Support: We guide you through the online enrollment process, help you choose Basic or Advanced level participation, and prepare supporting documentation.
Ongoing Compliance: We track your annual renewal dates, maintain program records, and update your policy when Ohio BWC regulations change.

Ready to earn up to a 7% premium rebate? Contact ASAP Programs today to streamline your SUPR compliance and protect your bottom line.

Last updated: August 2025