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Releasing accident investigation reports.

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.
Note:
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.]
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