WSR 05-01-198PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed December 21, 2004,
3:21 p.m.
, effective July 1, 2005
]
Purpose: This chapter of rules address personnel files
for state employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-185
on June 23,
2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-22-015, as a result of discussions with
stakeholders, language was changed in this section to
reference chapter 357-22 WAC. Removed the last sentence
regarding employer's policy.
WAC 357-22-025, as a result of discussions with
stakeholders, language was changed in this section to address
the information to be sent from one employer to another when
an employee changes employers within state government.
WAC 357-22-035, as a result of discussions with
stakeholders, language was changed in this section to address
copies of employee's personnel records as required by WAC 357-22-015.
Number of Sections Adopted in Order to Comply with Federal Statute:
New 0,
Amended 0,
Repealed 0;
Federal Rules or Standards:
New 0,
Amended 0,
Repealed 0;
or Recently Enacted State Statutes:
New 8,
Amended 0,
Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures:
New 0,
Amended 0,
Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 8,
Amended 0,
Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
Director
Chapter 357-22 WACPersonnel Files
NEW SECTION
WAC 357-22-010
Must an employer maintain a personnel
file for each employee?
An employer must maintain an official
file of each employee showing a record of employment and such
other information as may be required for business and legal
purposes. The employer has the burden of demonstrating the
legal or business need for the record.
[]
NEW SECTION
WAC 357-22-015
Must an employer develop and publish a
policy on personnel files?
Each employer must develop and
publish a policy pertaining to the retention and
confidentiality of personnel records in accordance with
chapter 357-22 WAC and all relevant state and federal laws.
The employer's policy must include the requirement that
personnel and payroll records are open to the inspection of
the board, state auditor, the director or director's designee,
and prospective employers.
[]
NEW SECTION
WAC 357-22-020
Can an employee review his/her personnel
file?
An employee and/or any person authorized in writing by
the employee may review the employee's personnel file at least
annually according to the policy of the employer.
[]
NEW SECTION
WAC 357-22-025
What information must be sent from one
employer to another when an employee changes employers within
state government?
When an employee accepts an appointment
with a different employer, the most recent former employer
must provide employee information to the new employer in a
transmittal package developed by the department.
[]
NEW SECTION
WAC 357-22-030
Who is responsible for the management of
official personnel files?
Each employer must designate the
position(s) within the employer's organization responsible for
managing and maintaining the official personnel files.
[]
NEW SECTION
WAC 357-22-035
Must the employee be given a copy of
information placed in the personnel file?
An employee must be
provided a copy of all adverse material placed in the
personnel file at the time the material is included in the
file. Upon the employee's request, the employee must be
provided with a copy of any information in the employee's
personnel file. Copies will be provided in accordance with
the employer's personnel records policy as required by WAC 357-22-015.
[]
NEW SECTION
WAC 357-22-040
How long must information be kept in the
employee's personnel file?
(1) Information must be kept in
the employee's personnel file as long as it has a reasonable
bearing on: (a) The employee's job performance; or
(b) The employer's efficient and effective management of
the agency, institution, or related higher education board.
(2) Adverse material proven to be inaccurate or false, or
information related to employee misconduct or alleged
misconduct which is determined to be false, and all such
information in situations where the employee has been fully
exonerated of wrong doing must be promptly destroyed unless:
(a) The employee requests that the information be kept;
or
(b) The information is related to pending legal action or
legal action(s) may reasonably be expected to result.
[]
NEW SECTION
WAC 357-22-045
When may an employee add information in
his/her personnel file?
After an employee becomes aware that
adverse information has been placed in his/her personnel file,
he/she has the right to add a statement of rebuttal or
correction of such information. At anytime, an employee has
the right to add job performance information to his/her
personnel file.
[]
© Washington State Code Reviser's Office