Ohio Updates Voluntary Drug and Alcohol Testing Program

Ohio launched a new streamlined Substance Use Prevention and Recovery Program (SUPR) that replaces the old Drug-Free Safety Program (DFSP). Ohio does not have a mandatory drug and alcohol testing program, but employers that choose to enroll in the new SUPR will be offered certain benefits by the state.

The SUPR Offers Four Levels of Compliance

While the old DFSP offered only two levels of compliance, the new SUPR offers four, giving more employers the opportunity to receive the benefits offered by the program. The SUPR compliance levels are outlined below:

• Advanced: Employers complying at this level receive a 7% year-end bonus.
• Basic: Employers complying at this level receive a 4% year-end bonus.
• Comparable: Employers complying at this level are placed on the Public Improvement Contractor Directory.
• Reimbursement only: Employers complying at this level receive funding to help them manage substance use issues in the workplace.

The comparable and reimbursement levels are new for the SUPR. Employers complying at any of the four levels are eligible for the reimbursement of specific costs acquired to manage substance use in the workplace.

Employers can request up to $5,000 of reimbursement for the following:

• The development and legal review of policies and procedures relating to substance use.
• Employee training (relating to substance use and employer policies).
• Supervisor training (relating to managing employees in recovery).
• Applicant and employee drug testing for employers with recovery-friendly “second chance” testing policies.
• Employee substance use assessments.
• Access to Ohio’s Better You! Better Ohio! Program.

What types of Testing do Employers Need to Perform?  

Different test circumstance requirements exist at the various compliance levels. A brief overview of testing requirements is listed below.  

Advanced Level:  

• Pre-employment drug testing, new hire drug testing, or a combination. Private employers must test 100% of applicants and/or new hires. Public employers must test 100% of safety-sensitive or special needs positions.
• Reasonable suspicion alcohol testing, drug testing, or a combination of both.
• Post-accident alcohol testing, drug testing, or both of anyone who may have caused or contributed to an on-the-job accident unless an accident meets all of a certain set of conditions outlined in the SUPR.
• Return-to-duty alcohol testing, drug-testing, or a combination there off or employees who are given a second chance.
• Random testing at 15% annually of all employees.
• Follow-up alcohol testing, drug testing, or a combination there off or employees who are permitted to retain employment following a positive test and who return to duty.

Basic Level:                     

• Pre-employment drug testing, new hire drug testing, or a combination of the two. Private employers must test 100% of applicants and/or new-hires. Public employers must test 100% of safety-sensitive or special needs positions.
• Reasonable suspicion alcohol testing, drug testing, or a combination of both as appropriate.
• Post-accident alcohol testing, drug testing, or both of anyone who may have caused or contributed to an on-the-job accident unless an accident meets all of a certain set of conditions outlined in the SUPR.
• Return-to-duty alcohol testing, drug-testing, or a combination thereof for employees who are given a second chance.
• Follow-up alcohol testing, drug testing, or a combination thereof for employees who are permitted to retain employment following a positive test and who return to duty.

Comparable Level:

• Random testing at 5% of all employees working on a project.

   

Public Improvement Contractors:

• Random testing at 5% of all employees working on a project.

   

All levels:

• Pre-employment/new-hire testing.
• Reasonable suspicion testing.
• Post-accident testing.
• Return-to-duty testing.
• Follow-up testing.
              

Policy and Training Requirements

For all program levels, the SUPR contains specific policy and training requirements. A written policy is required and the SUPR details broad requirements that must be covered in the policy. Employers have a lot of latitude pertaining to what they can include in their policy, as long as they meet the broad strokes requirements.

Additionally, supervisor and employee training is required at all levels of SUPR compliance. Only certain individuals are permitted to lead training sessions. Specific training content requirements exist for the basic and advanced levels.

Other Important Things to Note  

The new SUPR requires Ohio employers to follow the federal drug testing model. Specifically, the SUPR “require(s) employers to arrange specimen collection and analysis that basically follows the federal testing model.” While the program does not specify collection procedures, permitted specimens, and more, it is likely that employers will not be approved for the program if they do not follow the federal model for these issues, and more.  

Employers at the Basic Level of compliance are required to provide a list of local assistance resources for employees that request help or who return a positive test result. Employers at the Advanced Level of compliance must pre-establish a working relationship with an employee assistance professional to whom employees will be referred. The SUPR contains some guidance around certain costs that may be incurred in the process of a testing program, and who is required to pay them – the employer or the donor.  

When are Ohio Employers Required to Comply with the New SUPR?

As of July 1, 2025, private employers in the state can no longer apply to the old DFSP. Public employers will no longer be permitted to apply as of January 1, 2026. While there is currently an application for the SUPR live on the BWC website (here: Application for Substance Use Prevention and Recovery Program (U-140)), a representative from the BWC has indicated that they do not know if the program is actually live yet.

For the time being, it would appear that employers that were covered under the old DFSP remain covered under the program as long as they remain compliant (making appropriate payments, turning in required reports, etc.). Employers that are interested in the SUPR should prepare their program, apply using the application, and will then be notified of their acceptance of non-acceptance when the program is officially live.

To learn more about the new SUPR, including more detailed requirements not covered in this memo, visit this webpage:

Substance Use Prevention and Recovery (SUPR) Program

Key Takeaways:

• Effective July 1, 2025, private employers in Ohio can no longer enroll in the old Drug-Free Safety Program (DFSP).
• Effective January 1, 2026, public employers in Ohio can no longer enroll in the old Drug-Free Safety Program.
• The new Substance Use Prevention and Recovery Program (SUPR) updates and streamlines the old program DFSP to make it easier for employers to receive the benefits offered by a drug-free workplace.