H-2154              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 358

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Sayan, Betrozoff, Allen, Vekich, Belcher, Nutley, Wang, Miller, Fisch, Winsley, Leonard, Van Luven and Unsoeld)

Read first time 3/6/85 and passed to Committee on Rules.

AN ACT Relating to employees' personnel files; and adding new sections to chapter 49.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of his or her own personnel file(s).

NEW SECTION. Sec. 2.     (1) Each employer shall make such file(s) available locally within a reasonable period of time after the employee requests the file(s).

          (2) An employee annually may petition that the employer review all information in the employee's personnel file(s).  The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s).  If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction.  Nothing in this subsection prevents the employer from removing information more frequently.

          (3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act do not apply to the records of an employee relating to the investigation of a possible criminal offense.  Sections 1 and 2 of this act do not apply to information or records compiled in preparation for an impending lawsuit which would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 49.12 RCW.