Note: | The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section. |
(3) Medical surveillance.
(a) The employer must establish and maintain an accurate record for each employee subject to medical surveillance by WAC
296-62-07725 (1)(a), in accordance with chapter
296-802 WAC.
(b) The record must include at least the following information:
(i) The name and Social Security number of the employee;
(ii) Physician's written opinions;
(iii) Any employee medical complaints related to exposure to asbestos;
(iv) A copy of the information provided to the physician as required by WAC
296-62-07725(6); and
(v) A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physicians recommendations.
(c) The employer must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter
296-802 WAC.
(4) Training. The employer must maintain all employee training records for one year beyond the last date of employment of that employee.
(5) Availability.
(a) The employer, upon written request, must make all records required to be maintained by this section available to the director for examination and copying.
(b) The employer, upon request, must make any exposure records required by subsection (1) of this section available for examination and copying to affected employees, former employees, designated representatives, and the director, in accordance with chapter
296-802 WAC.
(c) The employer, upon request, must make employee medical records required by subsection (2) of this section available for examination and copying to the subject employee, to anyone having the specific written consent of the subject employee, and the director, in accordance with chapter
296-802 WAC.
(6) Transfer of records.
(a) The employer must comply with the requirements concerning transfer of records set forth in chapter
296-802 WAC.
(b) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer must notify the director at least ninety days prior to disposal of records and, upon request, transmit them to the director.
(7) Data to rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data must be maintained for as long as they are relied upon to rebut the presumption.
(8) Records of required notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content must be maintained by the building owner for the duration of ownership and must be transferred to successive owners of such buildings/facilities.
[Statutory Authority: RCW
49.17.010,
49.17.040,
49.17.050, and
49.17.060. WSR 19-01-094, § 296-62-07727, filed 12/18/18, effective 1/18/19; WSR 04-10-026, § 296-62-07727, filed 4/27/04, effective 8/1/04. Statutory Authority: RCW
49.17.010, [49.17].040, [49.17].050, and
49.26.130. WSR 00-06-075, § 296-62-07727, filed 3/1/00, effective 4/10/00. Statutory Authority: RCW
49.17.040, [49.17.]050 and [49.17.]060. WSR 97-01-079, § 296-62-07727, filed 12/17/96, effective 3/1/97. Statutory Authority: Chapter
49.17 RCW. WSR 87-24-051 (Order 87-24), § 296-62-07727, filed 11/30/87. Statutory Authority: RCW
49.17.050(2) and
49.17.040. WSR 87-10-008 (Order 87-06), § 296-62-07727, filed 4/27/87.]