action or withdrawal of certification.
Corrective action against a self-insured employer shall be by order and
notice. A notice of corrective action shall include the nature and
specifics of the findings and may include the following:
(a) Probationary certification status for the self-insured employer for a
period not to exceed one year;
(b) Mandatory training to
correct areas of program deficiency to be approved by the department.
The subject matter to be covered shall be specified in the notice
of corrective action. Personnel required to attend and the time period
within which the training is to be conducted will also be identified.
(c) Monitoring activities of the self-insured employer for a
specified period of time to determine progress regarding correction of
program deficiencies may be required. The department may require
submission of complete and accurate records and/or conduct an audit to
verify program compliance.
(d) If there is a contract
between the self-insured employer and a service organization which has
been filed with the department (WAC 296-15-110),
the corrective action order may specify and require that the service
organization be subject to mandatory training and monitoring of activity
provisions of the order.
(e) The corrective action order
shall specify a time frame for submission of progress reports to the
department's self-insurance section.
(f) During the first
thirty days following the corrective action order, the self-insured
employer shall submit a plan for the implementation of corrective action
which shall include specific completion dates. If the plan is
determined to be incomplete or inadequate, the department's
self-insurance administrator shall notify the self-insurer of the
necessary requirements or changes needed, and shall specify the date by
which an amended plan shall be submitted.
(2) If sufficient
grounds for decertification exist, an order and notice will be issued.
The order and notice will include the following:
grounds upon which the determination is based.
period of time within which the grounds existed or arose.
(c) The date, not less than ninety days after the self-insured
employer's receipt of the order and notice, when certification will be
(d) Provisions as stipulated by RCW 51.14.090.
(3) Upon conclusion of the probationary certification period in
the case of corrective action, the program deficiencies requiring
corrective action by the self-insured employer shall be evaluated by the
department and a written report sent to affected parties. Program
activities may be reaudited beyond the stated time period in order to
assess continuing compliance with the objectives of the corrective
(4) If, at the conclusion of the
probationary period, program deficiencies continue to exist, the
department shall decide whether to extend the period of probation,
require additional corrective action or proceed with decertification of
the self-insured employer. An order and notice stating the decision
shall be issued.
Authority: RCW 51.32.190
96-21-145, § 296-15-260, filed 10/23/96, effective 11/25/96.
Statutory Authority: RCW 51.04.020.
86-18-037 (Order 86-35), § 296-15-260, filed 8/28/86. Statutory
Authority: RCW 51.04.020(1).
83-24-027 (Order 83-22), § 296-15-260, filed 12/1/83, effective