New Ohio Law on Intoxication-based Comp Claims Goes Into Effect

• A new law in Ohio codifies employers’ right to deny workers’ compensation claims based on intoxication, among other matters.
• Ohio Senate Bill 33 went into effect on July 20, allowing the state’s employers to post certain labor law notices online instead of in physical workplaces. This change aims to modernize labor law compliance by leveraging digital communication, particularly relevant for remote and hybrid work environments.
• The rebuttable presumption is now codified, meaning if an employer has posted a legal notice and performs a drug or alcohol test within the statutory window (8 hours for alcohol, 32 hours for other substances), and the results exceed legal limits, or the employee refuses, the law establishes a rebuttable presumption that the injury was caused by intoxication.
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Nevada Adopts ODG Drug Formulary

• Nevada has adopted the ODG Drug Formulary, a set of evidence-based recommendations for medical treatments, primarily used in workers’ compensation and disability management.
• The move by the state’s Division of Industrial Relations (DIR) makes Nevada the 13th state to adopt the ODG slate.
• The formulary adoption was part of Nevada Senate Bill 317 which introduced significant changes to the state’s workers’ compensation system.
• The new legislation requires DIR to implement the formulary by Jan. 1, 2027. To ensure an effective transition, coverage for non-formulary drugs will continue until Jan. 1, 2028.
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