DWD 80.61(3)(b)7. 7. The submission of all bids and the letting of all contracts shall be on an ex-insurance basis.

DWD 80.61(3)(c) (c) Minimum requirements for owner. The owner shall comply with the following requirements on a wrap-up project:

DWD 80.61(3)(c)1. 1. The wrap-up plan and application shall be submitted on a form provided by the department. If the application is approved, the department shall permit divided-insurance on the wrap-up project.

DWD 80.61 Note Note: To obtain the form under this paragraph, contact the Department of Workforce Development, Worker’s Compensation Division, 201 East Washington Avenue, P.O. Box 7901, Madison, Wisconsin 53707 or call [phone].

DWD 80.61(3)(c)2. 2. The owner shall comply with all conditions and agreements in the application, including, but not limited to:

DWD 80.61(3)(c)2.a. a. The reimbursement of the department’s costs incurred because of the wrap-up project.

DWD 80.61(3)(c)2.b. b. The selection of a licensed and qualified designated wrap-up carrier having a record of compliance with the requirements of ch. 102, Stats., which is acceptable to the department.

DWD 80.61(3)(c)2.c. c. Informing each contractor and subcontractor and each contractor’s and subcontractor’s insurance company either directly or through the bureau, at the bureau’s discretion, of each one’s responsibilities and the need for attaching a proper endorsement to the regular carrier’s policy to exclude coverage for the wrap-up job site.

DWD 80.61(3)(c)2.d. d. The submission of each contractor’s and subcontractor’s application, on a form provided by the department, to the department prior to the time the contractor or subcontractor begins work on the wrap-up project.

DWD 80.61 Note Note: To obtain the form under this paragraph, contact the Department of Workforce Development, Worker’s Compensation Division, 201 East Washington Avenue, P.O. Box 7901, Madison, Wisconsin 53707 or call [phone].

DWD 80.61(3)(c)2.e. e. The notification of department and bureau of any entity status change resulting from ensuing reorganization.

DWD 80.61(3)(c)2.f. f. The assumption of responsibility for immediately making direct compensation payments if a dispute arises over coverage.

DWD 80.61(3)(c)2.g. g. The payment of an employee’s attorney’s fees and lost wages resulting from a dispute.

DWD 80.61(3)(c)3. 3. If the owner is a corporation, it shall submit a certified copy of the resolution by the board of directors authorizing and directing the execution of the application and agreement.

DWD 80.61(3)(c)4. 4. If the owner is a subsidiary of a corporation, it shall submit a guaranty and agreement by the owner’s ultimate or top parent company agreeing to promptly satisfy all of the requirements and obligations assumed by the owner on the wrap-up project in case of default by the owner.

DWD 80.61(3)(d) (d) Minimum requirements for designated wrap-up carrier.

DWD 80.61(3)(d)1. 1. The designated wrap-up carrier shall submit an application on forms available from the department. If the application is approved, the department shall permit divided-insurance for each contractor and subcontractor scheduled to work on the wrap-up project.

DWD 80.61 Note Note: To obtain application forms, contact the Department of Workforce Development, Worker’s Compensation Division, 201 East Washington Avenue, P.O. Box 7901, Madison, Wisconsin 53707 or call [phone].

DWD 80.61(3)(d)2. 2. The designated wrap-up carrier shall comply with all conditions and agreements in the application, including, but not limited to:

DWD 80.61(3)(d)2.a. a. Informing each contractor’s and subcontractor’s insurance company either directly or through the bureau, at the bureau’s discretion, of each one’s responsibilities and the need for attaching a proper endorsement to the regular carrier’s policy to exclude coverage for the wrap-up job site;

DWD 80.61(3)(d)2.b. b. The issuance of each individual contractor’s and subcontractor’s wrap-up policy prior to the time the contractor and subcontractor begin work on the job site;

DWD 80.61(3)(d)2.c. c. The notification of department and bureau of any entity status change resulting from ensuing reorganization;

DWD 80.61(3)(d)2.d. d. Becoming the full risk insurer for any contractor or subcontractor not having purchased a worker’s compensation policy during the time the contractor or subcontractor is under contract on the wrap-up project, except as to an employer granted self-insurance; and

DWD 80.61(3)(d)2.e. e. Becoming the full risk insurer for any contractor or subcontractor not insured or self-insured while working on the wrap-up project.

DWD 80.61(3)(d)3. 3. The designated wrap-up carrier shall submit a certified copy of a statement from an officer authorizing and directing the execution of the application and agreement.

DWD 80.61(3)(e) (e) Application for contractors and subcontractors. The owner shall submit an application for divided insurance on forms available from the department for each contractor and subcontractor scheduled to work on the project.

DWD 80.61(3)(em) (em) Waiver of requirements. The department may waive one or more requirements in pars. (b) to (e) if it determines that a waiver will not impair the construction owner’s ability to ensure minimum confusion about insurance coverage and maximum safety on the construction project site.

DWD 80.61(3)(f) (f) Reimbursement for expenses incurred by department. The department shall be reimbursed for those expenses incurred because of the designated carrier wrap-up program. Where the department specifically consents to divided-insurance or partial-insurance on a wrap-up project, the owner shall reimburse the department, within 30 days after the date of a written request by the department, a sum determined by the department not to exceed 2% of the total audited worker’s compensation premium charged, with payment not to exceed 1% of the estimated worker’s compensation premium upon initial request. If an additional levy is determined to be necessary, a request shall be made for a sum that results in a total charge not to exceed 2% of the total audited worker’s compensation premium charged.

DWD 80.61(3)(g) (g) Inapplicability to other employers. Subsection (3) does not apply to any group of employers other than those specified in this section on any other type of operations nor to any single contract or policy of insurance for any group or association of employers.