FINAL BILL REPORT

                     EHB 1352

                                 C 89 L 91

                            Synopsis As Enacted

Brief Description:  Making confidential certain information acquired by the department of labor and industries.

By Representatives Jones, Vance, Cole, Wynne, Moyer, Miller, Paris, Ballard, May, Basich, Forner and Silver; by request of Department of Labor & Industries.

House Committee on Commerce & Labor

Senate Committee on Commerce & Labor

Background:  The Department of Labor and Industries administers the Washington Industrial Safety and Health Act (WISHA).  WISHA programs include a voluntary compliance program that offers consultation and training for employers on workplace safety and health issues.  The consultant is authorized to recommend the elimination of hazards that are found on the worksite during consultation.  The department is also authorized to conduct research on safety and health issues.

The statute does not specify that information obtained from employers during the course of a consultation or while conducting research will be kept confidential. If hazards found during voluntary consultation at a work site are not eliminated, the employer may be subject to penalties under the department's enforcement branch.

Summary:  Information obtained by the Department of Labor and Industries through consultation or training services offered to an employer at the employer's request is confidential and not open to public inspection.  However, employers are required to make voluntary service reports available to employees or their collective bargaining representatives for review.

Employer identity, employee identity, and personal identifiers of voluntary participants in research conducted by the department is confidential and not open to public inspection.  For the purpose of industrial insurance, information obtained from the research is not medical information, and the information is confidential and not open to public inspection.

VOTES ON FINAL PASSAGE:

House 98    0

Senate   46    0     (Senate amended)

House             (House refused to concur)

Conference Committee

Senate   48    0

House 98    0

Effective:     July 28, 1991