No Medical Marijuana in Ohio’s BWC Drug-Free Workplaces

For Ohio employers who pay into the state fund for their workers’ compensation coverage, enrollment in the Bureau of Workers’ Compensation’s Drug-Free Safety Program (DFSP) can provide significant savings by way of premium rebates. In a recent update, OMA Connections Partner Frantz Ward writes that with the legalization of medical marijuana in Ohio, some employers may be questioning whether they are still required to test for marijuana to maintain their rebates under the DFSP. With respect to the DFSP, nothing has changed.

According to the firm’s experts, “Ohio employers should practice caution in any efforts to accommodate the use of medical marijuana, as they risk losing their DSFP premium rebates if they stop testing for marijuana and may even be missing out on a viable defense to workers’ compensation claims when marijuana is involved.” 12/10/2019