Ohio Administrative Code
Title 4123 - Bureau of Workers' Compensation
Chapter 4123-17 - General Rating for the State Insurance Fund
Section 4123-17-56.1 - Workplace wellness grant program rule

(1) "Health risk factors" means physical and mental characteristics that can be modified, nearly always with much less cost compared to waiting for sickness and then attempting to treat the disease.

(2) "Employer" or "employer" means a private state fund employer, a public employer taxing district, a marine industry fund employer, or a coal-workers' pneumoconiosis fund employer.

(3) "Workplace wellness program" means a health and wellness program in the workplace which consists of a biometric screening and health risk appraisal, and activities based on the results of the screening, program measurements and policies.

(1) Pursuant to section 4121.37 of the Revised Code, the administrator may establish a program of workplace wellness grants for the prevention of occupational injuries and illnesses for which an employer is eligible under this rule. The workplace wellness grant may include grants to an employer to provide funds to address health risk factors to reduce the number and severity of workplace injuries and illnesses.

(2) The bureau shall determine whether the employer is eligible for the workplace wellness grant program under this rule. The bureau may limit participation in the workplace wellness grant program based upon the availability of bureau resources for the program and upon the merits of the employer's proposal. The bureau shall award grant funds for employers on a first come, first serve basis. The workplace wellness grant program is available to a state-fund employer that satisfies the following criteria:

(3) The bureau shall assess the employer's workplace wellness proposal and shall review the workplace wellness grant program application, including the baseline assessment of the worksite provided in the application.

(4) The employer shall agree to not eliminate jobs or reduce employment due to the implementation of the workplace wellness program.

(5) The bureau may meet with the owner, chief executive officer, chief financial officer, or persons having fiduciary responsibilities with the employer to evaluate the employer's progress in the workplace wellness grant program.

(6) An employer who complies with the requirements of the workplace wellness grant program under this rule shall be eligible to receive a grant from the bureau as provided in the written agreement.

(7) Reconsideration of determination of eligibility.

(8) Upon the approval of the proposed wellness program, the employer shall provide to the bureau documentation on the use of the funds, including submission of original paid itemized invoices, proof of payment, proof of the employer's contribution, and cancelled checks that demonstrate the employer spent all workplace wellness grant funds toward the approved expenditures.

(9) The bureau shall evaluate the research data from the workplace wellness grant program on a periodic basis. The bureau may publish reports of the research to assist employers in preventing workplace injuries and illnesses.

(1) An employer participating in the workplace wellness grant program shall be eligible to continue participating in the program only if the employer maintains active workers' compensation coverage according to the following standards:

(2) After the first year of enrollment, an employer participating in the workplace wellness grant program shall be eligible to renew its application and continue participation at the discretion of the bureau.

(3) Applications submitted for the workplace wellness grant program may be processed and renewed by the bureau on a rolling basis.

(1) An employer shall be immediately disqualified from the participation in the workplace wellness grant program if the employer is found by the bureau to have knowingly misrepresented information on the initial application for employee participation and compliance with program requirements.

As used in this paragraph, "knowingly" means that the employer had actual knowledge of the misrepresentation and was aware that the misrepresentation would cause a certain result.

(2) An employer shall be immediately disqualified from participation in the workplace wellness grant program if the bureau determines the employer has violated any state or federal statutes pertaining to confidential personal information and personal health information, including but not limited to the statutes and rules contained in rule 4123-10-04 of the Administrative Code.

(3) An employer shall be immediately disqualified from participation in the workplace wellness grant program if the bureau determines the employer has coerced employees to participate in the workplace wellness grant program. As used in this paragraph, "coerced" is defined as intimidating an employee to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. The definition of coercion as stated in section 2905.12 of the Revised Code shall also apply to this paragraph.

(4) An employer shall be immediately disqualified from participation in the workplace wellness grant program if the bureau determines the employer eliminated jobs or reduced employment due to the implementation of its workplace wellness program.

(5) The bureau may disqualify an employer from the workplace wellness grant program if the bureau determines that the employer has not used the grant for the purposes of the workplace wellness grant program or has otherwise violated the written agreement.

(6) An employer shall be disqualified from continued participation in the workplace wellness grant program if the employer violated paragraph (C)(1) of this rule.

(7) An employer that is disqualified from participation in the workplace wellness grant program under the preceding paragraphs shall make restitution of all monies awarded by the bureau for participating in the program.

(8) Reconsideration of disqualification from workplace wellness program.