WSR 97-11-054

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed May 20, 1997, 10:56 a.m.]

Date of Adoption: May 20, 1997.

Purpose: Confidential witness statements.

Chapter 296-27 WAC, Safety standards for recordkeeping and reporting, WAC 296-27-15503 Special exemptions for confidential reports within the department's files. State-initiated adopted amendments are made to:

Correct a housekeeping error with respect to the release of confidential information when confidential witness statements are part of an investigative report that is available to the public upon request. This amendment will prohibit the release of confidential sources.

Citation of Existing Rules Affected by this Order: Amending chapter 296-27 WAC, Safety standards for recordkeeping and reporting, WAC 296-27-15503 Special exemptions for confidential reports within the department's files.

Statutory Authority for Adoption: RCW 49.17.040, [49.17.]050, [49.17.]060.

Adopted under notice filed as WSR 97-03-085 on January 15, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 20, 1997

Gary Moore

Director

by M. Watson

AMENDATORY SECTION (Amending WSR 96-17-056, filed 8/20/96, effective 10/15/96)

WAC 296-27-15503 Special exemptions for confidential reports within the department's files. Whenever a departmental file contains an investigative report or information from a source who furnished such information under an express promise that the identity of such source would be held in confidence, such investigative report or information shall be exempt from disclosure to the extent that disclosure would reveal the identity of the source. If an investigative report can be disclosed in such a way as to conceal its source, the contents of such report may be withheld only to the extent necessary to do so. When such information is withheld, the records officer shall give a general characterization of the information withheld ((and)) but not the identity of the information's source.