House Bill 80 Fact Sheet

When is the Bill Effective?

HB 80 becomes effective on March 30, 2007. The law affects all Ohio contractors who may be interested in bidding on or working on state-funded public improvement projects.

 

What Does HB 80 Do, and How Does It Affect Me?

HB 80 states that no contractor or subcontractor may provide labor services or on-site supervision on a state construction site unless he or she is enrolled in either BWC's Drug-Free Workplace Program (DFWP), the Drug-Free EZ Program (DF-EZ), or a comparable BWC-approved program. The terms of every public improvement contract will contain this required language, so every construction employer interested in a state public improvement project must be enrolled in a compliant drug-free program.

 

Summary of HB 80 Requirements

Employers participating at Level l, 2 or 3 of BWC's DFWP/DF-EZ must meet the requirements of their respective program levels and submit an annual self-assessment progress report (including requested documentation showing that requirements were met) to maintain compliance. Employers also must maintain active status with BWC. Employees and supervisors still must have received required employee education, and supervisors must have received skill-building training prior to working on a state construction site.

 

HB 80 includes an important provision requiring random testing while an employer provides labor or on-site supervision of labor on a public improvement contract/project. Each contracting authority provides details regarding frequency of testing. All other testing for BWC's DFWP/DF-EZ is still applicable.

 

HB 80 considers a contractor/subcontractor in breach of contract if he or she does not ensure that a subcontractor or lower-tier subcontractor is enrolled in and in good standing in a BWC-approved drug-free program. This could lead the contracting authority to bar the contractor/subcontractor from bidding on or working on state projects up to five years after the date of the breach.

 

Effective March 30, 2007, a contractor or subcontractor operating a BWC-approved comparable DFWP/DF-EZ program (Level 0, no discount) that applies BWC's drug-free requirements to all workers/supervisors on state construction sites will not have to provide refresher education to employees and training to supervisors. In addition, the number of hours of required employee education and supervisor training is changing. For only those employers operating a comparable program, all employees, including supervisors, must receive at least one hour of employee education, and all supervisors must receive one additional hour of supervisor skill-building training prior to working on a state construction project. All new employees must receive one hour of employee education one time. All new supervisors must receive one hour of supervisor training one time. No annual education or training refreshers are required once employees and supervisors have received the required education/training.

 

Answers to Your Additional Questions

For additional information about HB 80, contact us. Or, you may contact BWC directly via e-mail at dfwp@ohiobwc.com or by calling them at 800-OHIO-BWC.