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Policy
Name:
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Self-Insured
(SI) Construction Projects
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Policy
#:
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SI-03-05
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Code/Rule
Reference
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Ohio
Revised Code (ORC) 4123.35 and Ohio
Administrative Code (OAC) 4123-19-08, 4123-19-14, and 4123-19-16.
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Effective
Date:
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08/27/2020
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Approved:
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Winnie
Warren, Interim Chief of Employer Services
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Origin:
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Self-Insured
Department/Employer Services
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Supersedes:
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N/A
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History:
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New
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Review
Date:
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September
1, 2025
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I. Policy Purpose
The Ohio Bureau of Workers' Compensation (BWC) may
permit an active self-insuring (SI) employer, public school district, county
school financing district, education service center, community school, state institution
of higher education, or municipal power agency to administer a Controlled
Insurance Program for approved construction projects.
II. Applicability
This policy applies to eligible SI employers,
public school districts, county school financing districts, education service
centers, community schools, state institutions of higher education, municipal
power agencies, contractors, subcontractors, and the Self-Insured Department
(SI Department).
III. Definitions
A.
Contractor
Controlled Insurance Program (CCIP): A program held by an SI employer that is also
a construction contractor during the construction or renovation of a property,
to cover all workers’ compensation liability arising from the construction
project.
B.
Owner
Controlled Insurance Program (OCIP): A program held by an SI employer, public
school district, county school financing district, education service center,
community school, state institution of higher education, or municipal power
agency during the construction or renovation of a property, to cover all
workers’ compensation liability arising from the construction project.
C.
Responsible
Employer:
The SI employer, public school district, county school financing district,
education service center, community school, state institution of higher
education, or municipal power agency that applies to self-insure a construction
project.
D.
Self-Insured
Review Panel (SIRP):
A three-person panel appointed by the Administrator to provide SI employers
with hearings on matters referred to the panel, or as requested by the
employer.
E.
Self-Insured
Construction Wrap-Up Application (SI-50): Required form to apply for an OCIP or CCIP.
F.
Self-Insuring
Employer (SI Employer): An employer that BWC has granted the privilege of paying
compensation and benefits directly.
IV. Policy
A.
Eligibility
Criteria. Applicant must be at least one of the following:
1.
An
active SI employer as outlined in ORC 4123.35;
2.
A
state institution of higher education;
3.
A public
school district;
4.
A
county school financing district;
5.
An
educational service center;
6.
A
community school established under Chapter 3314 of the ORC; or
7.
A
municipal power agency as defined in ORC 3734.058.
B.
Application
Criteria:
1.
All
applications must be filed using the Self-Insured Construction Wrap-Up
Application (SI-50) and include the
following information:
a.
Demographic
information;
b.
Project
description;
c.
Project
administration;
d.
Contractor
and subcontractor information;
e.
Safety
plan; and
f.
Notary
certification.
2.
All
applications must be received by BWC at least ninety (90) days prior to the
date the construction project is to commence.
3.
The
cost of the construction project for an active SI employer must be a minimum of
$100 million and the duration of the project is a maximum of six years;
however, if the construction project is estimated to exceed $25 million, the
Administrator may waive these requirements as permitted under ORC 4123.35(O). For all other
eligible applicants, the cost of the construction project must be a minimum of $25
million.
C.
Approved
projects will be added to the existing self-insured policy of the applicant, if
applicable; otherwise, a new self-insured policy number will be created.
D.
Approved
applicants are required to:
1.
Provide
a list of all contractors, subcontractors, and their employees covered under
the construction project prior to the start date of the project;
2.
Provide
contractor and subcontractor payroll;
3.
Provide
any changes to contractors and subcontractors, every three months, for the
duration of the project;
4.
Notify
BWC of any changes in the project’s scope or duration, including the project’s
actual end date;
5.
Ensure
that contractors, subcontractors, and their employees properly report claims
under the assigned policy for the project; and
6.
Notify
BWC of any wrongfully assigned claims.
V. Resolution of
Complaints
A.
Any
complaints or disputes related to this policy must be submitted in writing to
the SI Department, via mail or email, as detailed in the Self-Insured Employer
Dispute/Protest Policy.
Ohio Bureau of Workers'
Compensation
Self-Insured Department
30 W. Spring St., 22nd
Floor
Columbus, Ohio
43215-2256
Email: siinq@bwc.state.oh.us
B.
The
SI employer may file a written appeal of the SI Department’s decision to the SIRP.