Filing a Public Records Request with L&I


Filing a Public Records Request with L&I

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>	Attorney General's Guide to Accessing Public Records

How to file a public records request
L&I Public Records contact information
The types of L&I records that are confidential
Washington Public Records laws (RCWs) that apply to L&I records

View L&I's Public Records Index

How to file a public records request

You may fill out and print the records request form or use your own paper and fax or mail us the following information:

Requester’s name, address, phone and fax number.
Date of request.
The specific nature of the request, including:
- Description of requested records (title, subject, date, policy, account #).
- Inspection number, if applicable.
- Number of copies needed and correct mailing address(es).
- Date the records are needed.

If requesting a list of individuals, please include a written statement verifying that the list will not be used for commercial purposes.

Please note that copying charges may apply. However, you may choose to review the records at no charge at our Tumwater office before, or instead of, receiving copies. If you prefer to review the records, please note this on your request.

Copy Rates

1	Photocopy	$0.15
2	Photo reprint	$0.20
3	Audio cassette	$0.64
4	Video cassette	$0.82
5	Floppy disk	$0.66
6	Compact disk	$0.12
7	Microfiche	$2.35
8	DVDs	$0.55

Please mail or fax your completed request form or letter to:

Public Records Unit
Department of Labor & Industries
PO Box 44632
Olympia, WA 98504-4632

Fax: 360-902-5529
E-mail: PublicRecords@Lni.wa.gov

How L&I will respond to your request

Once we receive your public records request, we will respond one of the following ways:

By providing the record;
By acknowledging that the agency has received the request and providing a reasonable estimate of the time the agency will require to respond to the request; or
By denying the public record request. (The response will include the specific reason for the denial).

For questions related to public records, contact the Public Records Unit at 360-902-5556 or PublicRecords@Lni.wa.gov or fax your request to 360-902-5529.

L&I Public Records contact information

In accordance with RCW 42.56.580, L&I has appointed Acting Legal Services Program Manager Jim Nylander as the Public Records Officer and he has designated L&I's Public Records unit as the point of contact for public records issues:

Public Records Unit
Department of Labor & Industries
PO Box 44632
Olympia, WA 98504-4632

Phone: 360-902-5556
Fax: 360-902-5529
E-mail: PublicRecords@Lni.wa.gov

The types of L&I records that are confidential

The types of records listed below are confidential. If you have questions, contact the L&I Public Records Unit at 360-902-5556 or PublicRecords@Lni.wa.gov.

Accident Investigation Reports (DOSH)

Includes summary narratives, photos, doctor reports, police/sheriff/state patrol reports, autopsy reports. NOTE: requests for autopsy, post mortem, medical examiner or law enforcement agency reports included in the accident investigation report should be referred to the agency that originated the report(s) (See #4 and #13). [RCW 49.17.260]

Confidential employee witness identities in accident investigation reports are NOT disclosable to parties of interest. [WAC 296-27-15503 and WAC 296-27-16001(8)]

Archaeological Site Records

Maps or other information identifying location of site or sites. [RCW 42.56.300]

Asbestos-Related Disease, Claim or Benefit

On maritime workers, cannot be released, even under subpoena or other legal process. [RCW 51.12.102]

Attorney-Client Privileged Documents

Hard copies or e-mails sent only from an L&I Assistant Attorney General to L&I staff or vice-versa. Communications only between L&I staff about matters involving the AGO or an AAG do not qualify. [RCW 42.56.290]

Autopsy, Post Mortem or Medical Examiner Reports

Requests for these records should be referred to the agency which originated the record(s): coroner's office, medical examiner's office, etc. [RCW 68.50.105]

Claim File Information

On any industrial insurance claim, if requested of non-claims staff (see NOTE above). [RCW 51.28.070]

Complaints, alleged Safety and/or Health Hazards (DOSH)

(when complainant indicates a desire for confidentiality) This should be indicated by checking box marked "Do not reveal my name to the Employer" on DOSH complaint form section 11, "Please indicate your desire". NOTE: this applies only to the identity of the complainant and any identifiers found on the complaint form, such as residential address, phone, job position/title, length of employment, handwriting, language use idiosyncrasies, etc. [RCW 42.56.240(2), RCW 49.17.110]

Complaints Discrimination

At complainant's written request and during open investigation, unless release is authorized in writing by complainant. Releasable at close of investigation if case is sent to Attorney General's Office for settlement or litigation. [RCW 42.56.240(2), RCW 49.17.160]

Complaints, Wage and Prevailing Wage

At this time, ONLY during investigation, unless accompanied by declaration of desire for nondisclosure signed by complainant. [RCW 42.56.240(2)]

Consultation Reports (DOSH)

Unless written authorization to release is given by the firm consulted. [RCW 49.17.250(3)]

Crime Victims

Files and information. [RCW 7.68.140]

Employer's Own Records

Obtained from employer's own files (NOT L&I-created file documents). [RCW 51.16.070]

Inspection Worksheets and Notes (DOSH)

When containing CONFIDENTIAL TRADE SECRET INFORMATION and stamped or labeled "RESTRICTED TRADE INFORMATION". (See #16)

When containing identifiers of employees who requested confidentiality ONLY IF ACCOMPANIED BY DATED STATEMENT BY EMPLOYEE(S) OR INSPECTOR INDICATING THE DESIRE OF THE EMPLOYEE(S) FOR CONFIDENTIALITY. [RCW 42.56.240]

INTRA-AGENCY memoranda, notes, recommendations, opinions or comments

On high-level policy-making, UNLESS cited publicly or within an official public record. [RCW 42.56.280]

Labor Statistics Reports or Surveys

Names of individuals, firms or corporations contributing to the survey (e.g., wage survey). [RCW 43.22.290].

Medical Records and Data

Of individual claimants, accident victims and other persons to which L&I has access. [RCW 42.56.360(2), RCW 70.02, WAC 244-100-042(3)]

Names of Individuals, Firms or Corporations

Contributing to a L&I labor statistics report or survey (e.g., wage survey). [RCW 43.22.290]

Personal Personnel File

Information not related to disciplinary/corrective action or performance as a state employee (payroll records, examination questions, answers and keys, medical condition information, Social Security number, residence address and phone numbers). [RCW 42.56.230, 42.56.250, 42.56.210(1)]

Research Records and Data

Individually identifiable personal records releasable only with written consent of individual(s) or according to provisions contained in RCW 42.48.

Right-to-Know Letters of Appeal

Refer to Board of Industrial Insurance Appeals, as these appeals are not handled by L&I.

Trade Secrets

As defined in RCW 19.108.010, including photos, drawings, diagrams, blueprints, formulas, etc., requested to be held confidential by the employer. Should be labeled "RESTRICTED TRADE INFORMATION" in DOSH reports. [RCW 39.10.100(2), RCW 49.56.270(1), RCW 49.17.200]

Witness or Employee Statements

Confidentiality of IDENTITY only, when confidentiality is requested by the witness and the request is properly indicated in writing, signed, witnessed and dated (on the DOSH WITNESS STATEMENT form, F416-093-000, or the STATEMENT form, F416-016-000). The factual portion must be released. For the entire statement to be withheld, all of it must be an identifier of the witness who requested nondisclosure. [RCW 42.56.240(2)]

Washington Public Records laws (RCWs) that apply to L&I records

The links below will take you to the law on the Washington State Legislature web site.

42.56.001	Finding, purpose.
42.56.010	Definitions.
42.56.020	Short title.
42.56.030	Construction.
42.56.040	Duty to publish procedures.
42.56.050	Invasion of privacy, when.
42.56.060	Disclaimer of public liability.
42.56.070	Documents and indexes to be made public.
42.56.080	Facilities for copying -- Availability of public records.
42.56.090	Times for inspection and copying.
42.56.100	Protection of public records -- Public access.
42.56.110	Destruction of information relating to employee misconduct.
42.56.120	Charges for copying.
42.56.130	Other provisions not superseded.
42.56.210	Certain personal and other records exempt.
42.56.230	Personal information.
42.56.240	Investigative, law enforcement, and crime victims.
42.56.250	Employment and licensing.
42.56.260	Real estate appraisals.
42.56.270	Financial, commercial, and proprietary information.
42.56.280	Preliminary drafts, notes, recommendations, intra-agency memorandums.
42.56.300	Archaeological sites.
42.56.310	Library records.
42.56.320	Educational information.
42.56.330	Public utilities and transportation.
42.56.340	Timeshare, condominium, etc. owner lists.
42.56.350	Health professionals.
42.56.360	Health care.
42.56.370	Domestic violence program, rape crisis center clients.
42.56.380	Agriculture and livestock.
42.56.390	Emergency or transitional housing.
42.56.400	Insurance and financial institutions.
42.56.410	Employment security department records, certain purposes.
42.56.420	Security.
42.56.430	Fish and wildlife.
42.56.440	Veterans' discharge papers -- Exceptions.
42.56.450	Check cashers and sellers licensing applications.
42.56.460	Fireworks.
42.56.470	Correctional industries workers.
42.56.480	Inactive programs.
42.56.510	Duty to disclose or withhold information -- Otherwise provided.
42.56.520	Prompt responses required.
42.56.530	Review of agency denial.