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

2. 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)

3. 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.

4. 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.

5. Recent Cases Case 1 Allegations:
Employee claimed retaliation; racial discrimination, failure to accommodate.
Findings related to failure to accommodate:
Department acquired voice-activated software, but did not install it for 4 months.
Settlement:
$275,000

6. Recent Cases Case 2 Allegations:
Employee had various non-industrial medical conditions requiring clearance before returning to work. Over a 4 year period there were various
requests for medical clearance, interactive process
meetings and ergonomic accommodations.

7. Recent Cases Findings related to failure to accommodate: Settlement:
Department repeatedly failed to respond to requests for or to initiate the interactive process;
Department repeatedly failed to follow OHP’s recommendations regarding medical clearance and medical separation;
Department failed to provide ergonomic equipment
despite documented requests;
Settlement:
$130,000

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

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