Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-23-079.

     Title of Rule and Other Identifying Information: Chapter 296-06 WAC, Public records.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way, Tumwater, WA 98501, on May 26, 2005, at 2:00 p.m.

     Date of Intended Adoption: June 21, 2005.

     Submit Written Comments to: Joseph Molenda, P.O. Box 44632, Olympia, WA 98504-4632, e-mail MOLE235@LNI.WA.GOV, fax (360) 902-5529, by June 3, 2005.

     Assistance for Persons with Disabilities: Contact Resenda Canada by May 16, 2005, TTY (360) 902-4677 or (360) 902-5464.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This revision is intended to replace outdated information and language to make chapter 296-06 WAC, Public records, more usable to the public. The changes in process and records index availability are intended to make labor and industries public records more accessible: WAC 296-06-010, 296-06-050, 296-06-090, 296-06-100, 296-06-130 and 296-06-150, "plain talk" language; WAC 296-06-020, "plain talk" language, update organizational information; WAC 296-06-030, "plain talk" language, update office location information; WAC 296-06-040, "plain talk" language, update general operation and procedure descriptions; WAC 296-06-080, "plain talk" language, clarification of procedure to release protected information by written authorization; WAC 296-06-110, "plain talk" language, clarification of procedure to request inspection or copies of public records; WAC 296-06-120, "plain talk" language, clarification of different fees charged for copying; WAC 296-06-140, "plain talk" language, removing time requirements for request for review and response; and WAC 296-06-170, "plain talk" language, procedure for obtaining index of labor and industries public records.

     Statutory Authority for Adoption: For WAC 296-06-010 is chapter 43.17 RCW, RCW 42.17.250, [42.17].251, 51.04.020, 51.04.030; for WAC 296-06-020 is chapter 43.17 RCW, RCW 42.17.250 (1)(a), 51.04.020, 51.04.030; for WAC 296-06-030 is chapter 43.17 RCW, RCW 42.17.250, 42.17.290, 51.04.020, 51.04.030; for WAC 296-06-040 is chapter 43.17 RCW, RCW 42.17.250 (1)(a) and (c), 42.17.290, 51.04.020, 51.04.030; for WAC 296-06-050 is RCW 42.17.250 (1)(b) and (c), 42.17.290; for WAC 296-06-080 is RCW 51.28.070, 51.16.070; for WAC 296-06-090 is RCW 43.17.060, 51.04.020, 51.04.030; for WAC 296-06-100 is RCW 42.17.270, [42.17].280, [42.17].290; for WAC 296-06-110 is RCW 42.17.260(1), 42.17.320, 42.17.290; for WAC 296-06-120 is RCW 42.17.260 (7) and (8), 42.17.270, 42.17.280, 42.17.290, 42.17.300, 42.17.305; for WAC 296-06-130 is RCW 42.17.260(1), 42.17.320; for WAC 296-06-140 is RCW 42.17.290, 42.17.320, 42.17.325; for WAC 296-06-150 is RCW 42.17.290; and for WAC 296-06-170 is RCW 42.17.260 (5), (6).

     Statute Being Implemented: RCW 42.17.260(5).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Labor and Industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Joseph Molenda, Tumwater, Washington, (360) 902-6462; Implementation: Russell Johnson, Tumwater, Washington, (360) 902-6995; and Enforcement: Melanie Roberts, Tumwater, Washington, (360) 902-6961.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt from the [small] business economic impact statement requirement under RCW 19.85.025(3), referencing RCW 34.05.310 (4)(c), (d), (e) and (f), since this rule making revises and updates the rule. The copying fees are pursuant to legislative standards, and the content of the rule is specifically mandated by chapter 42.17 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis requirement under RCW 34.05.028 (5)(b)(iii), (iv), (v), and (vi), since this rule making revises and updates the rule. The copying fees are pursuant to legislative standards and the content of the [rule] is specifically mandated by chapter 42.17 RCW.

April 19, 2005

Judy Schurke

Acting Director

OTS-7965.3

AMENDATORY SECTION(Amending WSR 90-07-004, filed 3/9/90, effective 4/9/90)

WAC 296-06-010   Purpose.   The department of labor and industries (L&I) is ((a department)) an agency of state government created by RCW 43.17.010. ((It shall hereafter)) In this chapter it shall be referred to as the "department." Where appropriate, "department" also refers to its staff and employees. The ((department promulgates)) purpose of this chapter is to ensure compliance with the public records provisions of chapter 42.17 RCW((, and in particular with sections of that act dealing with public records)).

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-010, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-010, filed 9/28/76; Order 73-12, § 296-06-010, filed 7/31/73.]

     (2) Field ((organization)) services.

     (((a))) The department maintains service locations, or major field offices, in ((seventeen)) many cities ((other than Olympia)). These service locations are grouped into six regions throughout the state, each ((of which is)) headed by a regional ((field service manager. In addition, certain programs operate field offices in other cities, but these are not complete service locations and are not required to keep complete policy manuals and other records available for public inspection.

     (b) The department's rehabilitation center in Tukwila is headed by a superintendent)) administrator.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-020, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-020, filed 9/28/76; Order 73-12, § 296-06-020, filed 7/31/73.]

     (((a))) The office of the director, the administrative office of the department, the main offices of the divisions ((of industrial insurance)), and the office of the public records officer are in the ((General Administration Building, Olympia)) Labor and Industries headquarters building, Tumwater, Washington. ((The main offices of the other divisions are located at the following places: Industrial Safety and Health at 805 Plum Street S.E., Olympia, Washington; Apprenticeship, Employment Standards, and Crime Victims Compensation at 925 Plum Street S.E., Olympia, Washington; and Building and Construction Safety Inspection Services at 406 Legion Way S.E., Olympia, Washington.)) General information about the department and its divisions may be obtained at ((these places)) this location, and on the internet at www.lni.wa.gov.

     (2) Field offices.

     (a) General information about the department may also be obtained at its service locations, or ((major)) field offices, at the following places:

     Aberdeen, ((P.O. Box 66,

     2700 Simpson Avenue)) 415 West Wishkah, Suite 1B, ((98520-0013)) 98520-4315

     Bellevue,

     616 120th Avenue Northeast, Suite C201, 98005

     Bellingham, ((P.O. Box 608,

     2500 Elm Street, Suite F, 98227)) 1720 Ellis Street, Suite 200, 98225

     Bremerton, ((4841 Auto Center Way,

     Suite 201, 98312-3440)) 500 Pacific Avenue, Suite 400, 98337-1943

     Colville,

     298 South Main, Suite 203, 99114

     East Wenatchee,

     519 Grant Road, 98802-5459

     ((Ephrata,

     21 "C" Street, Southwest, 98823-1895))

     Everett, P.O. Box 67,

     ((8625 Evergreen Way, Suite 250, 98206)) 100th Avenue Southeast, 98208-3727

     ((Kelso,

     711 Vine Street, 98626-2621))

     Kennewick, ((500 North Morain,

     Suite 1110, 99336)) 4310 West 24th Avenue, 99338

     Longview,

     900 Ocean Beach Highway, 98632

     Moses Lake,

     3001 West Broadway, 98837-2907

     Mount Vernon,

     ((1220 Memorial Highway, 98273-3262)) 525 East College Way, Suite H, 98273

     Okanogan, ((P.O. Box 632,))

     1234 2nd Avenue South, 98840-9723

     Port Angeles,

     ((1026 East First Street, Suite 1, 98362)) 1605 East Front Street, Suite C, 98362-4628

     Pullman,

     S.E. 1250 Bishop Boulevard, Suite G, 99163

     Seattle,

     ((300 West Harrison, 98119)) 315 West 5th Avenue South, Suite 200, 98104-2607

     Spokane,

     ((TAF-C33, E. 3901 Main, 99220)) N. 901 Monroe, Suite 100, 99201

     Tacoma, Room 305, ((Public Service Building,

     1305 Tacoma Avenue South, 98402-1988)) 950 Broadway, Suite 200, 98402

     Tukwila, P.O. Box 69050,

     12806 Gateway Drive, Seattle, 98168-3311

     Tumwater, P.O. Box 44810,

     7273 Linderson Way Southwest, Olympia 98504-4810

     Vancouver,

     ((10401 N.E., 4th Plain, 98662)) 312 Southeast Stonemill Drive, Suite 120, 98684

     Walla Walla,

     1815 Portland Avenue, Suite 2, 99362

     ((Wenatchee,

     123 Ohme Garden Road, 98801))

     Yakima,

     ((1716 South 16th Avenue, 98902-5713)) 15 West Yakima Avenue, 98902-3480

     (b) ((Information about the extended care services offered injured workers, including physical therapy, special instruction, or vocational counseling, may be obtained from the department's Rehabilitation Center at 12806 Gateway Drive, Tukwila, Washington 98168.)) Requests for public records containing confidential information will be processed only through the Tumwater office, unless the requestor is authorized to access them.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-030, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-030, filed 9/28/76; Order 73-12, § 296-06-030, filed 7/31/73.]

     (1) ((Industrial insurance. This division administers medical care and payment of disability compensation for workers (or their dependents or survivors) sustaining job injuries or occupational diseases. Virtually all employers in the state must provide this industrial insurance coverage. The medical program of the state fund is funded through payments by employers and employees. The disability payments by the state fund are funded by premiums collected from employers. Descriptions of procedures to be followed by employers and employees are outlined in department publications entitled Employers' Guide to Industrial Insurance and Workers' Guide to Industrial Insurance Benefits.

     In order to ensure that premium costs are equitably distributed, the division sets rates, determines classifications, rates individual firms based on claims experience, and periodically audits businesses to ensure accurate reporting and premium payment. Information about the records required during an industrial insurance audit can be found in the department publication Preparing for Your Audit.

     The division also provides guidance to individual employers and groups of employers in controlling industrial insurance premiums through better claims management, return-to-work efforts, and effective safety programs, as well as through a financial incentive program known as retrospective rating. Further information is available in Guide to Loss Control and Retrospective Rating.

     The department also certifies certain employers to become "self-insured," which means that they are permitted to pay the legally defined industrial insurance benefits from their own funds. After the department certifies an employer as a self-insurer, it monitors all claims for injury benefits to make certain employees receive all rightful benefits. Descriptions of procedures to be followed by self-insured employers and their employees are outlined in Employers' Guide to Self-insurance and Employees of Self-insured Businesses: Guide to Industrial Insurance Benefits.

     (2) Industrial safety and health. This division endeavors to prevent job injuries and illnesses by adopting and enforcing safety and health standards and by training employers and employees in safe working procedures. It administers the Washington Industrial Safety and Health Act (WISHA), operating under a state plan agreement with the federal Occupational Safety and Health Administration (OSHA). Employer and employee procedures and responsibilities are outlined in the department's publications, A Guide to WISHA and Workplace Safety and Health Standards. Information about voluntary consultations to improve workplace safety can be found in Free. No Fault. No Hassle., and reporting workplace accidents to OSHA is outlined in Injury and Illness Recordkeeping Requirements.

     (3) Employment standards, apprenticeship and crime victims compensation. The industrial relations, or employment standards, portion of this division administers the laws regulating wages, hours, and working conditions. It also enforces the minimum wage and family care laws and may assist in the collection of claims for unpaid wages. The industrial statistician determines the "prevailing rate of wage" on public works contracts and gathers information on wages and conditions of labor in the state, the consumer price index, standard family budgets, and manpower data on the labor force, employment, unemployment, and earnings. The section headed by the supervisor of employment standards administers the state employment standard designed to protect the health, safety, and welfare of the vast majority of employees. This section also issues minor work permits designed to protect young workers from exploitation and hazardous environments. More information on this subject can be found in Youth in the Job Force: A Guide for Employers and Minor Workers. Industrial relations agents investigate complaints of violations of employment standards, the minimum wage law and other wage laws; hold conferences between employees and employers; inspect records; make investigations to determine whether or not there have been violations of statutes, rules, or regulations; and suggest remedial actions.

     The apprenticeship portion of this division, with the Washington state apprenticeship and training council, administers the apprenticeship training law for those persons desiring to become skilled in any one of various trades, crafts, and services. Local joint apprenticeship committees and program sponsors throughout the state are responsible for the actual training. This division acts as a liaison between theses committees and the council to make certain that the policies of the council are followed uniformly. The division also administers on-the-job training programs for those persons training in occupations other than occupations in which apprenticeship is an option.

     The crime victims compensation section of this division pays medical and disability benefits to innocent victims (or to their dependents or survivors) who sustain injuries as a result of criminal acts. Benefit payments and procedures are outlined in the department's publication Help for Crime Victims. This section also certifies local prosecutor-based victim-witness units.

     (4) Building and construction safety inspection services. This division administers programs designed to protect the life, health, and property of the general public. The various sections of this division issue licenses; promulgate rules and regulations; certify standards; and ensure compliance. The division conducts electrical inspections; registers electrical contractors; inspects and regulates the use of boilers and pressure vessels; inspects elevators; ensures compliance with the standards for the manufacture, lease, and sale of mobile homes and recreational vehicles; enforces the statutes, rules, and regulations governing factory-built structures; reviews electrical plans for health care facilities, plans for elevators and other conveyances, and plans for factory-assembled structures; tests and licenses plumbers and electricians; and registers general and specialty contractors.)) Insurance services.

     This division administers Washington's workers' compensation program -- medical care and disability benefits for workers who are injured on the job. Every business with employees must provide this coverage. L&I administers the "state fund," which covers the majority of the state's workers. Through its self-insurance program, it also monitors coverage offered by large companies that choose to self-insure and manage their own claims.

     This division includes all of the workers' compensation programs that:

     • Manage injured worker claims;

     • Bill employers for their required quarterly premiums;

     • Pay health care (and other) providers for their services.

     The division also:

     • Sets workers' compensation rates;

     • Helps employers control their premiums through a variety of financial incentive, claims management, return-to-work and safety programs;

     • Administers the department's crime victims compensation program, which covers those who are injured as a result of criminal acts.

     More information is available at www.LNI.wa.gov/ClaimsIns.

     (2) WISHA services.

     This division administers the Washington Industrial Safety and Health Act (WISHA), under a state plan agreement with the federal Occupational Safety and Health Administration (OSHA). It aids in the prevention of job injuries and illnesses by adopting and enforcing safety and health standards and by training employers and employees in safe working procedures.

     Through the RCW, the legislature has directed L&I to administer and enforce three additional programs. These programs are also handled by WISHA:

     • Asbestos, including certifications and notifications of asbestos projects;

     • Explosives, regulating the possession, handling, and use of explosives or explosive devices;

     • Worker and community right to know, which provides a way of communicating information regarding hazardous substances in the workplace and the community.

     Employer and employee procedures and responsibilities, and information about voluntary consultations to improve workplace safety can be found on the internet at www.lni.wa.gov/FormPublications. Information about reporting workplace accidents to OSHA can be found on the internet at http://www.osha.gov/pls/publications/pubindex.list.

     (3) Specialty compliance services.

     This division encompasses several diverse programs related to the construction trades, workplace rights, and apprenticeship. Its programs' duties include:

     • Registering contractors to ensure they are bonded and insured.

     • Licensing electrical contractors and elevator mechanics.

     • Certifying plumbers and electricians.

     • Regulating and inspecting:

     – Electrical installations.

     – Boilers and pressure vessels.

     – Factory assembled structures.

     – Elevators and other conveyances.

     Employment standards program:

     Develops and enforces rules regulating wages (including prevailing wages for public works projects) and hours, and working conditions, including those for teenagers.

     Apprenticeship program:

     Administers the state's apprenticeship training laws and policies.

     (4) Operations.

     This area includes several internal support divisions including administrative services, information services, the office of human resources, and fraud prevention and compliance.

     Fraud prevention and compliance:

     This division encompasses several diverse programs related to the prevention of abuse in the workers' compensation system. Its programs include:

     • Audit.

     • Collections.

     • Detection and tracking.

     • Firm appeals.

     • Investigations.

     • Significant employer cases.

     (5) Field services.

     This division provides the agency with local department program service throughout its service locations in six geographic regions of Washington.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-040, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-040, filed 9/28/76; Order 73-12, § 296-06-040, filed 7/31/73.]

[Order 76-27, § 296-06-050, filed 9/28/76; Order 73-12, § 296-06-050, filed 7/31/73.]

     – Be signed and dated by the person with legal access to the records.

Note:

If the records contain information about a disease or a condition usually transmitted through sexual contact, the release authorization must specifically mention sexually transmitted disease.

     Authorizations to release information, once submitted to the department, become a part of the public record and the department's files.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-080, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-080, filed 9/28/76; Order 73-12, § 296-06-080, filed 7/31/73.]

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-090, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-090, filed 9/28/76; Order 73-12, § 296-06-090, filed 7/31/73.]

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-100, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-100, filed 9/28/76; Order 73-12, § 296-06-100, filed 7/31/73.]

     (6) When any request is made to inspect and copy material in files and public records where a right of privacy is involved, or when such files and records are exempt by any other provision of law, inspection and copying shall not be permitted until the authorization described in WAC 296-06-080, together with a formal request, is presented to the department.)) (1) You can request an inspection or copy of the department's public records by either:

     • Making a request at any of the department's service locations, listed in WAC 296-06-030; or

     • Sending a written request to the L&I public disclosure unit at:

     Department of Labor & Industries

     Public Disclosure Unit

     Post Office Box 44632

     Olympia, WA 98504-4632

Note:

If you make an oral request, the department may require you to put your request in writing.

     (2) Written requests must include the following:

     • The requestor's name.

     • The date the request is being made.

     • A description of the requested records, including the title, subject matter, date the records were made, and any other identifying information.

     • A signed statement that the material will not be used for commercial purposes, if the requested material includes a list of individuals.

Note:

Department staff will assist the requestor in identifying records if needed. If the request is not clear, the department will ask for clarification. If no clarification is received, the department will not respond.

     (3) Records that are protected by an individual's rights to privacy will not be released until the authorization described in WAC 296-06-080 is submitted, with the written request, to the department.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-110, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-110, filed 9/28/76; Order 73-12, § 296-06-110, filed 7/31/73.]

Note:

The contractor registration section and electrical program charge separate fees for copies of material from a contractor's or an electrician's files. These fees are in WAC 296-200-900 and 296-46B-910.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-120, filed 3/9/90, effective 4/9/90. Statutory Authority: RCW 18.27.040, 42.17.290 and 42.17.300. 82-18-026 (Order 82-26), § 296-06-120, filed 8/25/82; Order 76-27, § 296-06-120, filed 9/28/76; Order 73-12, § 296-06-120, filed 7/31/73.]

     A decision on a formal request may be deferred for a reasonable time but immediate written notice of such deferral shall be given. All denials of requests for public records shall be in written form. All denials shall include a statement specifying the reason for the denial, a statement of any exemption authorizing withholding the record and a brief explanation of how the exemption applies to the record withheld, and the signature of the public records officer or his or her designee.)) The public records officer and his or her designees have the power to deny a request for public records. Denials must include:

     • The reason for the denial.

     • A statement of any exemption that authorizes the denial of the record.

     • A brief explanation of how the exemption applies to the withheld record.

     • The signature of the public records officer or their designee.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-130, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-130, filed 9/28/76; Order 73-12, § 296-06-130, filed 7/31/73.]

     • Contain a brief statement that gives reasons for reconsideration of the denial.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-140, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-140, filed 9/28/76; Order 73-12, § 296-06-140, filed 7/31/73.]

     • Full, prompt, and courteous assistance is provided to the requestor.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-150, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-150, filed 9/28/76; Order 73-12, § 296-06-150, filed 7/31/73.]

     (4) The department did maintain a current index of the matters not covered by subsections (1) through (3) for nearly three years following the promulgation of its initial set of public records rules which was filed with the office of the code reviser on July 31, 1973. That index was virtually never asked for, nor was it used to any extent at all by the public. The department devoted many manhours that could have been put to accomplishment of its statutory duties to prepare and maintain that current index. The department finds it has been unduly burdensome to make the extensive effort necessary to maintain such a current index. Therefore, pursuant to RCW 42.17.260(3), the department issues and publishes this formal order specifying the reasons why and the extent to which compliance with any of the provisions of RCW 42.17.260(2) requiring the maintenance of a current index would unduly burden or interfere with its operations. The department herewith states that it will not hereafter maintain such a current index. The department further states that it will, however, make available for public inspection and copying all indexes and lists, not otherwise exempt, maintained for normal agency use. Guidance to public records available through the department and a general listing of such records and how they may be obtained will be provided by the public records officer upon request.)) The department of labor and industries will maintain a current index as required by RCW 42.17.260. The index will consist of record types and/or descriptions, their locations, and availabilities. These records will be made available according to public disclosure law. The agency records index is accessible online at www.lni.wa.gov. The index will be updated as needed. Copies of the index will be provided upon request by the public disclosure unit.

[Statutory Authority: RCW 51.04.020(4) and 51.04.030. 90-07-004, § 296-06-170, filed 3/9/90, effective 4/9/90; Order 76-27, § 296-06-170, filed 9/28/76; Order 73-12, § 296-06-170, filed 7/31/73.]

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