Out with the DFWP, In with the DFSP

by Patrick Gaul

It has long been rumored that the Ohio BWC Drug Free Workplace Program (DFWP) was on the chopping block. The BWC sent an announcement on March 31, 2010, confirming those rumors.

“The BWC will phase out DFWP effective July 1, 2010,” according to an update to the Ohio BWC website which was posted on April 1, 2010. April Fools Day, interesting timing. The DFWP is being replaced with the Drug Free Safety Program (DFSP).

Since helping businesses to maintain a drug free work environment is a big part of what Ease@Work does, I spent some time reviewing the DFSP information on the BWC Website. If you would like to do the same, follow this link to the BWC DFSP information Webpage. Here are the highlights as I see them:

• The DFSP is not limited to five years, as was the case with the DFWP.
• Previous participants are eligible to join even if they timed out of the DFWP.
• Stacking of discounts is back, but don’t get too excited. If your organization is group rated, your DFSP discount is limited to 3 percent.
• The DFSP is supposedly simpler and easier to implement than the DFWP.
• The application process has been streamlined.
• The employee education requirement has been reduced from two hours initially and two hours of annual refresher to one hour initially and one hour annual refresher.
• The supervisor education requirement has been reduced from four hours initially and two hours of annual refresher to two hours initially and one hour of annual refresher. (Kudos to the BWC for this! As an employee of an EAP which is in the business of selling Drug Free training, even I think that 6 hours of supervisor training was too much.)
•  The DFSP emphasizes tailored approaches to loss prevention and risk management, which includes a mandatory safety review and the provision of accident-analysis training for supervisors.

Two levels instead of three.

The DFSP Basic Level provides a 4 percent discount, which is down significantly from the 10 percent for DFWP Level 1. Group rated organizations cannot receive a discount for participating in the DFSP at the Basic Level. Requirements at the Basic Level include a “safety review” which “walks them through a series of questions designed to demonstrate where the gaps are within the overall approach to workplace safety.”

As was the case with the DFWP, the Basic Level requires a written substance policy. The DFSP includes an outline of questions which, when answered thoroughly, will assist you with designing your own policy. They still suggest that you run your policy past legal counsel for review, but believe this process will be less expensive than paying an employment law attorney to design your policy from scratch.

As stated in the bullets above, the employee education and supervisor training has been reduced in quantity but still follows the same basic guidelines as the DFWP. As with the DFWP, the DFSP drug testing requirements include pre-employment, reasonable suspicion and post-accident testing, as appropriate, return-to-duty and follow-up testing for employees being allowed to retain employment after a positive test. The Basic Level does not require random testing.

The DFSP Advanced Level provides an additional 3 percent “incremental” discount for a total of 7 percent. Only companies which are not receiving a group rating will qualify for the 7 percent discount. Group rated organizations may qualify for the 3 percent incremental discount if they participate at this level. In other words, while discount stacking is technically allowed, a DFSP discount is only available for group rated businesses if they qualify at the Advanced Level and their discount is limited to 3 percent rather than the 7 percent available to businesses which are not group rated.

The Advanced Level requires everything that the Basic Level requires, plus Advanced Level organizations must create a safety action plan from the safety review required at the Basic Level. This plan “moves employers from identifying gaps in safety to taking the appropriate steps to address these issues and better protect the workforce.” BWC safety consultants are available to offer professional guidance in this area.

The Advanced Level also requires random drug testing of 15 percent of the average annual total workforce and it requires a pre-established “working relationship with an employee assistance professional to whom they can refer an employee” testing positive for banned substances and the employer must pay for the cost of the assessment.

This is the cliff notes version of the DFWP / DFSP transition. Again, for a far more detailed explanation, go to the BWC website.

To address the elephant in the room - Why bother?

While the BWC says the new program is “easier to implement” it sure seems like more work with the safety review and safety action plan requirements. On top of it, for your extra efforts you are being rewarded with significantly reduced discounts.

Is it worth the bother?

In my opinion, yes it is. Even under the DFWP when the discounts were 10-20 percent, the most significant cost savings were ancillary to the BWC discounts. The biggest savings came with improvements in workplace safety, improved employee productivity and even wellness. It is apparent to me that the BWC has put a great deal of effort into maximizing the ancillary benefits by improving the focus on workplace safety. I believe that any effort to improve workplace safety is a good investment.

Ease@Work provides a variety of support to employees and management working within a drug free environment. Contact Ease@Work for more information.