LABOR AND INDUSTRIES
Purpose: Public records, chapter 296-06 WAC, the public records rules have been written. Outdated information and language was replaced to enhance public and department usability. An indexing system has been established to assist the public in accessing L&I public records.
Citation of Existing Rules Affected by this Order: Amending WAC 296-06-010 through 296-06-150 and [new section] 296-06-175.
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 296-06-175 is RCW 42.17.260 (5), (6).
Other Authority: Chapter 483, Laws of 2005 (2SHB 1758).
Adopted under notice filed as WSR 05-09-058 on April 19, 2005.
Changes Other than Editing from Proposed to Adopted Version: WAC 269-06-170 renumbered as WAC 296-06-175.
The note in WAC 296-06-110(1) was revised with respect to oral requests.
Language compliant with section 1, chapter 483, Laws of 2005, was added to the note in WAC 296-06-110(2).
Language compliant with section 2, chapter 483, Laws of 2005, was added to the text of WAC 296-06-120.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 3, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 13, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 13, Repealed 0.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 0, Repealed 0.
Date Adopted: June 21, 2005.
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 ((
(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
(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 98520-0013
Bellingham, P.O. Box 608,
2500 Elm Street, Suite F, 98227
Bremerton, 4841 Auto Center Way,
Suite 201, 98312-3440
21 "C" Street, Southwest, 98823-1895
Everett, P.O. Box 67,
8625 Evergreen Way, Suite 250, 98206
711 Vine Street, 98626-2621
Kennewick, 500 North Morain,
Suite 1110, 99336
1220 Memorial Highway, 98273-3262
Okanogan, P.O. Box 632,
1234 2nd Avenue South, 98840
1026 East First Street, Suite 1, 98362
300 West Harrison, 98119
TAF-C33, E. 3901 Main, 99220
Tacoma, Room 305, Public Service Building,
1305 Tacoma Avenue South, 98402-1988
10401 N.E., 4th Plain, 98662
1815 Portland Avenue, Suite 2, 99362
123 Ohme Garden Road, 98801
1716 South 16th Avenue, 98902-5713)) addresses listed on the internet at www.lni.wa.gov and/or found on the state government pages of local area telephone directories.
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.]
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.
Administers the state's apprenticeship training laws and policies.
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:
• Detection and tracking.
• Firm appeals.
• 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.]
• Being the person legally authorized to access them; or
• Getting a notarized written authorization from the person with legal access. This authorization must:
– Include a description of the records.
– State the name of the person or persons authorized to inspect and copy the records.
– 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.|
[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.]
(1) Informal oral requests may be made to any of the department's full service locations or its office in Olympia.
(2) The department may require a person who has made an informal request to submit a formal written request.
(3) All formal requests shall be submitted by mail or personally to the deputy director or assistant director who heads the division or the section from which records are being requested. If such a request is misdirected, department staff shall forward it to the proper person.
(4) Each formal request shall include the following information:
(a) The name of the person or persons making the request;
(b) The time of day and calendar date on which the request is made;
(c) The nature of the request, including description of the requested records by title, subject matter, date, and other means of enabling the staff of the department to identify the requested records and make them available.
(d) A signed statement that the material will not be used for commercial purposes, in the event that a list of any type is included in the material being requested.
(5) The staff of the department shall assist any person making a request, whether formal or informal, in identifying the requested record or records but in the event the records cannot be identified, the department shall so advise the person making the request, and, in the case of formal requests, return the formal request for resubmission with additional description of the requested records.
(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; 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 put your request in writing and give or send a copy of it to you for confirmation or written correction.|
• 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. The department shall not deny a request for identifiable public records solely on the basis that the request is overbroad.|
[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:||Copying charges for various media are found on the internet at www.lni.wa.gov. 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.]
• Be made in writing.
• Be sent to the public records officer or his/her designee after receiving the denial.
• Specifically refer to the denial.
• 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.]
All inspections of public records will be supervised by a department staff member. Staff members will not allow records to be inspected or copied by anyone who is intoxicated, violent, abusive, threatening, or otherwise disruptive. Anyone who displays these characteristics during a records inspection may have the inspection terminated by department staff.
Staff members who are supervising the inspection or copying of public records will make sure of the following:
• Records are not torn, mutilated, marked, or otherwise harmed by the requestor.
• Inspection and copying activities do not disrupt the department's operations.
• 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.]