Corrective Action Plan Overview Chief Executive Office Risk Management Branch Inspector General Office

What are Corrective Action Plans? The types of liability losses that impact the County are complex: Medical malpractice Automobile liability General liability (slips and falls, dangerous road condition) Law enforcement-related events (civil rights violations, use of force) Employment practices (discrimination, harassment, failure to accommodate)

are Corrective Action Plans? What are Corrective Action Plans? Corrective Action Plans (CAPs) are required for settlements in excess of $100,000 and Summary Corrective Action Plans (SCAPs) are required for settlements in excess of $20,000 CAP/SCAP Elements: Identifying the problem; Researching/analyzing the problem’s root causes (why it happened); Developing a plan to correct the problem and prevent recurrence; Executing the plan and monitoring for effectiveness; Communicating “lessons learned” throughout the County.

Corrective Action Plans Work? How do Corrective Action Plans Work? When do we start working on them? Claim involves serious allegation or injury from outset Claim reserves exceed $250,000 Who works on them? Department County Counsel Risk Mgt. Inspector General Who uses them; Who sees them? Claims Board – required to approve settlement $20-100K BOS – required to approve settlement > $100K SCAP: Public Record CAP: Confidential Applicability Notices*: Countywide *

How Do CAPs Relate To Return-To-Work Issues? An employment practices liability can be created by failure to timely: Engage in the interactive process; Reasonably accommodate an employee’s medical restrictions on a temporary or permanent basis; Furnish equipment as part of a reasonable accommodation. And also by: Not thoroughly documenting the above actions.

Cases Recent Cases Case 1 Allegations: Employee claimed retaliation, discrimination, failure to accommodate as result of prescription medication side effects. Findings related to failure to accommodate: Department was on notice that employee was on medication but did not engage in IP. Settlement: $44,000

Cases Recent Cases Case 2 Allegations: Employee claimed disability discrimination, failure to interact and failure to provide reasonable accommodation. Findings related to failure to accommodate: Department was on notice that employee had driving and lifting restrictions but failed to act timely. Settlement: $80,000

What can you do? Continue your excellent efforts Utilize CEO Return-To-Work Resources Mind your timelines Document

Questions? Leo Costantino Risk Management Inspector General Chief Executive Office Risk Management Branch