welcome to bwc
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Welcome to BWCTina Kielmeyer, Chief, Customer Services Division
Abe Tarawneh, Ph.D, Superintendent, DSH
April 8, 2010 2
Drug-Free Safety Program (DFSP)
Effective July 1, 2010!
April 8, 2010 3
Key points
o Wider reaching and with expanded benefitso Benefits not limited to five years•Simpler and easier to implement: one program with two levels, Basic and Advanced•Streamlined application process
April 8, 2010 4
Key pointso Effective with measurable results
• Streamlined safety components• Better reporting data• Continuous measurement and evaluation
o Actuarially sound
April 8, 2010 5
Key points
o Unlimited years of participationo Continuous participation not requiredo Better reporting datao Online safety reviewo Online accident-analysis training
April 8, 2010 6
Summary of benefitso Benefit levels• Basic – 4% discount• Advanced – 7% discount
o Group-experience rated – 3% discount up to max group credit – Advanced only
o Reduced education and trainingo Drug-Free grants program redesigned
April 8, 2010 7
DFSP program elements oSafety processesoWritten DFSP policyoEmployee educationoSupervisor trainingoAlcohol and other drug testingoEmployee assistance
DFSP: Required elements
DFWP/DF-EZ: Required elements
Safetyo Safety reviewo Accident-analysis training o Accident reporting o Safety action plan –
Advanced
Written DFSP policy
Safetyo Variety of steps from the
10-Step Business Plan for Safety depending upon program level and whether DWSP or DF-EZ
Written DFWP policy
April 8, 2010 8
April 8, 2010 9
DFSP: Required elements
DFWP/DF-EZ: Required elements
Employee educationo One hour initiallyo One-hour annual refresher
Supervisor trainingo Two hours initiallyo One-hour annual refresher
Employee educationo DFWP: Two hours annuallyo DF-EZ: One hour annually
Supervisor training o DFWP: Four hours initially
Two-hour annual refreshero DF-EZ: Two hours initially
One-hour annual refresher
DFSP: Required elements
DFWP/DF-EZ: Required elements
Alcohol/other drug testingo Basic• Pre-employment/new hire• Reasonable suspicion• Post accident• Return to duty• Follow up
o Advanced: Basic plus random drug testing of at least 15%
Alcohol/other drug testingo Level 1: Same as DFSP
Basico Levels 2 & 3: Level 1 plus • Level 2 – Random drug
testing at 10% • Level 3 – Random drug
testing at 25%
April 8, 2010 10
DFSP: Required elements
DF-EZ: Required elements
Employee assistanceBasico Provide list of community
resources
o May terminate on first positive
Employee assistanceDF-EZo Levels 1, 2, 3: Provide list of local
community helping resources
o May terminate on first positive
April 8, 2010 11
April 8, 2010 12
DFSP: Required Elements
DFWP: Required Elements
Employee assistanceAdvancedo Provide for assessment, no
termination on first positive test
o Exceptions articulated in BWC policy (case-by-case consideration)
Employee assistanceDFWPo Level 1: List of helping resources
o Level 2: Add referral for an assessment
o Level 3: Add health care coverage with chemical dependency counseling
o Levels 2 and 3: No termination on first positive, exceptions exist
Details
Compatibility
When participating in another BWC rating plan, can employer stack DFSP discount on top of other program benefit?
April 8, 2010 14
April 8, 2010 15
CompatibilityYESo Group-experience rating and Advanced level of
DFSP (additional 3%, but may not exceed cap) o Safety councilo Salary continuation (claims with DOI prior to Jan. 1,
2011 can continue to have salary continuation paid AND be eligible for DFSP discount)
o Small deductible
April 8, 2010 16
CompatibilityNOo100-percent Experience Modifier capo$15,000 medical onlyoGroup-experience rating and Basic level of DFSP oGroup-retrospective rating
April 8, 2010 17
CompatibilityNOoLarge deductible oOne claimoPaid-loss retrospective ratingoSalary continuation (if applied to claims with
dates of injury on or after Jan. 1, 2011)
Written DFSP policy
o BWC provides outline rather than a sample policy. • Avoids liability • Avoids copying
o Employers now customize policy to operations.o There is strong support from external and internal
parties.
April 8, 2010 18
April 8, 2010 19
Employee education
oBWC stipulates required content.• Content hasn’t changed from DFWP/DF-EZ.
oQualified professional needs to be included.oEmployers have a range of educational options.
Supervisor training o BWC requires the content.
• Content hasn’t changed from DFWP/DF-EZ.
oQualified professional needs to be included.o There are a number of options for supervisor
training. • There are liability issues to consider.
o BWC offers online accident-analysis training for supervisors.
April 8, 2010 20
Alcohol and other drug testing
o Same testing is required as for DFWP/DF-EZ.o Accident analysis determines cause or contribution.o Employer “generally” pays for cost of testing.o Federal testing model:
• Split specimen not required on a pre-employment drug test.
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April 8, 2010 22
Alcohol and other drug testing Post-accident testing not required when all of
the following occur:o Injury is minor even if off-site medical attention
required;o No violation of work rules;o Injury is normal to employee’s job functions;o Accident analysis shows no reasonable suspicion.
Alcohol and other drug testing No changes oRebuttable presumption (HB223)o State construction drug-free mandate
(Sec. 153.03 ORC)o Public employers variances per constitutional
constraints (pre-employment, new-hire, post-accident tests)
oMay choose to test for additional drugsApril 8, 2010 23
April 8, 2010 24
Employee assistance oRequired commitment to employee health and
wellnessoEncouraged to offer highest assistance possible oCompile list of helping resourcesoAdvanced-level – Pre-arranged relationship with
assistance professional to facilitate assessment referral
oTermination issues
April 8, 2010 25
Changes to federal testing
o As of Oct. 1, 2010:• Six-panel drug screen;• Ecstasy/MDMA added;• Adds six-acetylmorphine (6-AM) test; o Verifies heroin.
April 8, 2010 26
Changes to federal testing
o Lower cut-off level – preliminary and confirmation• Cocaine• Amphetamines
o New chain-of-custody form
Additional benefits
oAccident reduction makes employers attractive to group.oPreventing accidents helps retain group rating.oLong-range benefits include lower EM.oCommunity benefits from a more employable work force.
April 8, 201027
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