CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5564
Chapter 11, Laws of 2022
67TH LEGISLATURE
2022 REGULAR SESSION
EMPLOYEE ASSISTANCE PROGRAMS—CONFIDENTIALITY
EFFECTIVE DATE: June 9, 2022
Passed by the Senate February 9, 2022 Yeas 45 Nays 4 DENNY HECK
President of the Senate Passed by the House February 26, 2022 Yeas 93 Nays 2 LAURIE JINKINS
Speaker of the House of Representatives | CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5564 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER
Secretary Secretary |
Approved March 4, 2022 11:48 AM | FILED March 4, 2022 |
JAY INSLEE
Governor of the State of Washington | Secretary of State State of Washington |
SUBSTITUTE SENATE BILL 5564
Passed Legislature - 2022 Regular Session
State of Washington | 67th Legislature | 2022 Regular Session |
BySenate Labor, Commerce & Tribal Affairs (originally sponsored by Senators Keiser, Kuderer, Conway, Hunt, Lovick, Randall, Stanford, and C. Wilson)
READ FIRST TIME 01/21/22.
AN ACT Relating to protecting the confidentiality of employees using employee assistance programs; and adding a new section to chapter
49.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter
49.44 RCW to read as follows:
(1)(a) It is unlawful for an employer to obtain individually identifiable information regarding an employee's participation in an employee assistance program. Individually identifiable information gathered in the process of conducting an employee assistance program must be kept confidential.
(b) Subsection (1)(a) of this section does not apply to:
(i) Authorized disclosures under RCW
41.04.730;
(ii) Disclosures to an employer regarding an employee's attendance in an employee assistance program, which the employee was required to attend as a condition of continued employment; and
(ii) Disclosures that are:
(A) Made to prevent or lessen a perceived threat to the health or safety of an individual or the public; or
(2) An employee's participation or nonparticipation in an employee assistance program must not be a factor in a decision affecting an employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.
Passed by the Senate February 9, 2022.
Passed by the House February 26, 2022.
Approved by the Governor March 4, 2022.
Filed in Office of Secretary of State March 4, 2022.
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