Drug Free Workplace Program

It’s the Law

With Ross, Brittain & Schonberg Co., LPA

The Governor’s Executive Order Requiring Drug-Free State-Administered Construction Contracts

On September 20, 2002 Governor Taft issued an Executive Order mandating that effective January 1, 2003 all contractors bidding state construction work must be enrolled in the Ohio Bureau of Workers’ Compensation Drug-Free Workplace Program (DWFP) or have a comparable drug-free workplace program in effect.

A. First Step of the implementation of the Executive Order

Between January 1, 2003 and June 30, 2003, bidders may submit a bid without being either enrolled in the DFWP or having a comparable drug-free program. If the bidder is successful, it then has ten (10) working days from the date of the bid opening to either enroll in the DFWP or obtain submit a comparable program for the Bureau’s acceptance.

B. Second Step of the Implementation of the Executive Order

Beginning July 1, 2003, all contractors who submit bids must be enrolled with the Bureau prior to bidding on a state-administered construction contract. All subcontractors must enroll with the Bureau before working on a state construction site.

C. The Bureau’s Database

Effective immediately, the Bureau has developed a database that contains the names of all construction companies currently enrolled in the DFWP or having a comparable program. Beginning July 1, 2003 your company’s name must appear on the database in order for it to be eligible. To determine if a company is on the database, simply visit the Bureau’s website at www.ohiobwc.com and click on the employer link.
 

What is the Drug-Free Workplace Program?

The DFWP was introduced by the Ohio Bureau of Workers’ Compensation in 1997 as an incentive program to assist Ohio employers to establish voluntary drug and alcohol testing and education programs.  Currently, if the initial requirements are met, a company may be eligible for a premium discount of 10%, 15% or 20%, depending upon the program level requested and approved by the BWC. 

For more detailed information on this issue, please contact Lynn Schonberg at the offices of Ross, Brittain and Schonberg, LPA.  She can be reached at 216.447.1551.