State News : Ohio

NWCDN Ohio State Law Update - October 2025

Ohio Bureau of Workers’ Compensation Update

BWC Actions

Ohio Bureau of Workers’ Compensation Unveils New Substance Use and Prevention Recovery Program

On July 16, 2025, the Ohio Bureau of Workers’ Compensation (BWC) unveiled its new Substance Use Prevention and Recovery Program (SUPR). The innovative SUPR Program brings together the Drug Free Safety Program (DFSP), DFSP Safety Grants, and the Substance Use Recovery and Workplace Safety Program (SUR) under one umbrella designed to focus on workplace use and misuse of drugs and alcohol.  The voluntary program is designed to assist State Funded Employers in effectively preventing workplace injuries by integrating drug free initiatives into their workplace safety programs. The program changes are effective as of July 1, 2025.

According to BWC Administrator/CEO Stephanie McCloud, “…[C]ombining the key pieces of our previous programs into one creates a better and more efficient experience for our customers. The Substance Use Prevention and Recovery Program is focused on helping Ohio’s business manage and prevent substance use in their workplaces.”

Basic eligibility requirements for State Funded Employers or Public Employer Taxing Districts to participate in the SUPR program include: 1) being current on all payments due to the BWC; 2) having an active policy status; 3) not having cumulative lapses in coverage in excess of 40 days within the preceding 12 months; and (4) reporting actual payroll for the preceding policy year with payment of any additional premiums that may be due.

The SUPR program offers Employers a choice of four participation options: 1) Advance Level; 2) Basic Level; 3) Comparable Program; and 4) SUPR Reimbursement, with Advance Level and Basic Level participants being eligible for 7% and 4% bonuses respectively based upon their premium payments. Basic Level participation requirements include accident analysis training; written drug free workplace policies; employee education requirements; supervisor testing; drug and alcohol testing; and employee assistance. The Advance Level participation requirements include all of the Basic Level requirements in addition to random drug testing, and employee support and employee retention requirements. Those that choose the Comparable level program will be required to have a drug free workplace policy; education requirements; supervisor training; and drug and alcohol testing, while the Reimbursement Level does not require any training, reporting or drug testing like the other levels. Despite your level of participation, all employers are eligible for reimbursement of certain costs incurred in the management and prevention of substance use issues in the workplace.

What are some of the changes in the new SUPR program? Most participants will now automatically be eligible for reimbursement grants. Employers with “second chance” policies are now eligible for reimbursement of substance use assessments, and year-round enrollment in the program is also available. Additionally, an online portal is being developed for Employers to report on program requirement completion and request reimbursement of activities all in one place. For a summary of the changes to the program please click here.

Ohio Judicial Decisions

Violation of a Specific Safety Requirement (VSSR)

State ex rel. Prime Roof Solutions, Inc. v. Industrial Commission, 2025-Ohio-4399 (September 23, 2025)

In a per curiam opinion of the Ohio Supreme Court, the 10^th District Court of Appeals decision was affirmed finding that some evidence in the record supported the Ohio Industrial Commission’s granting of the claimant’s VSSR petition and finding that the employer had failed to provide him with the required fall-protection gear. (See Adm.Code 4123:1-3-03(J)(1) (requiring that fall-protection gear be provided to employees exposed to hazards of falling). The 10^th District found that the employer failed to establish that Industrial Commission failed to perform a legal duty or abused its discretion in granting claimant’s application for VSSR award for violation of Adm.Code 4123:1-3-03(J)(1). The Court affirmed that some evidence supports commission’s finding that claimant was not assisting in installation of fall-protection system when he fell.

Permanent Total Disability (PTD)

State ex rel. Urban v. Wano Expediting, Inc., 2025-Ohio-3009 (August 29, 2025).

In another per curiam decision from the Ohio Supreme Court, the Court reversed the 10^th District Court of Appeals judgment and denied the writ of mandamus. The Ohio Industrial Commission had denied claimant’s application for PTD, finding that he retains the ability to perform sustained remunerative employment with limitations at a sedentary level. Claimant filed a complaint at the 10^th District seeking a writ of mandamus directing the Commission to vacate its order and issue a new order. The 10^th District granted the writ, concluding that the Commission had failed to comply with Ohio Admin. Code 4121-3-34)D)(3)(i), an administrative rule under which it was required to consider claimant’s allowed psychological conditions in combination with his allowed physical conditions.

© Copyright 2025 by Christopher Ward and Raymond Tarasuck Calfee, Halter & Griswold, LLP. All rights reserved. Reprinted with permission.