The department must:
• Keep accident investigations and related reports confidential.
• Not freely release results of accident investigations and related reports that are confidential.
• Make available accident investigation reports, without the need of a court order, only to the following:
– Injured workers, their legal representatives, or their labor organization representatives.
– The legal representative or labor organization representative of a deceased worker.
– The employer of any injured or deceased worker.
– Any other employer or person whose actions or business operations are the subject of the report or investigation.
– Any attorney representing a party in any pending legal action in which an investigative report constitutes material and relevant evidence.
– Employees of governmental agencies in the performance of their official duties.
– Any beneficiary of a deceased worker actually receiving benefits under the terms of Title 51 RCW, the Industrial Insurance Act.
The records officer may provide accident investigation reports to the closest surviving member of the deceased worker's immediate family.
[Statutory Authority: RCW 49.17.010
, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-800-330, filed 5/9/01, effective 9/1/01.]