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296-15-255  <<  296-15-257 >>   296-15-260

(Effective July 1, 2024)

PDFWAC 296-15-257

When a self-insured employer is subject to corrective action or withdrawal of certification as instituted by the director.

(1) This section applies to withdrawal of certification or corrective action instituted by the director pursuant to RCW 51.14.080 and/or 51.14.095.
(2) The director or the director's designee shall take corrective action against a self-insured employer if the director determines that:
(a) The self-insured employer is not following proper industrial insurance claims procedures;
(b) The self-insured employer's accident prevention program is inadequate;
(c) The employer no longer meets the requirements of a self-insurer;
(d) The self-insurer's deposit is insufficient;
(e) The self-insurer intentionally or repeatedly induces employees to fail to report injuries, induces workers to treat injuries in the course of employment as off-the-job injuries, persuades workers to accept less than the compensation due, or unreasonably makes it necessary for workers to resort to proceedings against the employer to obtain compensation;
(f) The self-insurer habitually fails to comply with rules and regulations of the director regarding reports or other requirements necessary to carry out the purposes of this title;
(g) The self-insurer habitually engages in a practice of arbitrarily or unreasonably refusing employment to applicants for employment or discharging employees because of nondisabling bodily conditions;
(h) The self-insurer fails to pay an insolvency assessment under the procedures established pursuant to RCW 51.14.077; or
(i) A self-insured employer violated the duty of good faith and fair dealing two times within a three-year period.
(3) Corrective action taken shall follow WAC 296-15-260.
[Statutory Authority: RCW 51.14.090, 51.14.095, and 51.14.180. WSR 24-11-121, ยง 296-15-257, filed 5/21/24, effective 7/1/24.]
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