Corrective Action Plan Overview Chief Executive Office Risk

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)

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.

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 Claims Board – required to approve settlement $20 -100 K Who uses them; Who sees them? *http: //riskmanagement. mylacounty. info/cms 1_142233. asp BOS – required to approve settlement > $100 K 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.

Recent Cases Co Case 1 Allegations: st to D $40 efe Findings related, to tonaccommodate: 0 failure 00 d: Department was on notice that employee was on Employee claimed retaliation, discrimination, failure to accommodate as result of prescription medication side effects. medication but did not engage in IP. Settlement: $44, 000

Recent Cases Co Case 2 Allegations: st to $10 Def e 0 Findings related to tonaccommodate: , 0 failure d : 0 0 Department was on notice that employee had driving Employee claimed disability discrimination, failure to interact and failure to provide reasonable accommodation. 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 213 -351 -5357 Icostantino@ceo. lacounty. gov rmig@ceo. lacounty. gov