HB 80 and Drug Free Safety Program (DFSP) Compliance in the Construction Industry

The Ohio Bureau of Workers’ Compensation (BWC) has recently created a new Drug-Free Safety Program (DFSP). Many contractors are interested in learning how to make their work sites compliant with the HB 80 as well as the DFSP. Construction companies and contractors in compliance with both are eligible for a workers’ compensation premium discount. We have had several questions arise when comparing the two.

Below are a few specifics that can help contractors distinguish between the two and ensure their workplace is in compliance.

  • Compliance with HB 80 is a requirement by law; compliance with the DFSP is an entirely voluntary alternative rating program for workers’ compensation premiums.
  • The DFSP and HB 80 both have five requirements that contractors must meet to ensure their construction site is in compliance:
    1. A written policy defining how the construction company and/or contractor will handle drug related issues on the work site
    2. Employee education on drug related issues and compliance requirements
    3. Training for supervisors to monitor and regulate guidelines and requirements
    4. Drug and alcohol testing for employees and supervisors working on a construction site
    5. A plan for assisting employees troubled by alcohol/drug problems
  • In addition to these five requirements, the DFSP has a safety training requirement that is not part of HB 80 specifications.
  • Compliance with the Drug-free Safety Program is more expansive than the requirements for HB 80 and contractors who satisfy the added requirements are eligible for a workers’ compensation premium discount.

For more information about HB 80, please refer to Working Partners’ presentation: HB 80 compliance in the construction industry.

You can also check out our two-part article published in The Builders Exchange Magazine (Ohio, June 2010 and July 2010) reviewing the comparison and interaction between HB 80 and the new Drug-Free Safety Program (DFSP).

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