Labor & Industries (L&I), Washington State

Employee Medical and Exposure Records Chapter 296-802, WAC

Effective Date: 08/01/04

WAC 296-802-100 Scope

For printing

The purpose of this chapter is to provide employees and their designated representatives the right to access relevant medical and exposure records. It also describes the procedures WISHA will follow when accessing confidential medical information.

This chapter applies to:

• All employers who make, maintain, contract for, or have access to records relating to employee exposure to toxic substances or harmful physical agents, whether or not they are required by specific occupational safety and health rules. These records include:
  • – Employee medical records
  • – Employee exposure records
  • – Analyses of employee medical or exposure records.

IMPORTANT:

• The requirements of this chapter don’t affect any other legal and ethical obligations the employer has to keep employee medical information confidential.

Exemption: Agricultural operations covered by chapter 296-307 WAC, Safety Standards for Agriculture, are exempt from the requirements of this chapter.

Reference: Requirements for material safety data sheets are found in WAC 296-800-180, Material Safety Data Sheets (MSDSs) as Exposure Records. Additional information about accessing medical information can be found in chapter 70.02 RCW, Medical Record--Health Care Information Access and Disclosure.