Labor & Industries (L&I), Washington State

Employee Medical and Exposure Records Chapter 296-802, WAC

Effective Date: 08/01/04

WAC 296-802-500 Respond to Medical Record Access Orders

For printing

Your Responsibility:

To post written WISHA access orders

IMPORTANT:

This section describes how WISHA accesses employee medical records and your related rights and obligations.

You must

Respond to WISHA access orders for employee medical records	WAC 296-802-50005
Content of WISHA written access orders	WAC 296-802-50010

WAC 296-802-50005

Respond to WISHA access orders for employee medical records

You must

• Promptly respond to a written access order you receive from WISHA for personally identifiable employee medical information.
• Post a copy of the cover letter you receive from WISHA for 15 working days where employees can easily review it.

WAC 296-802-50010

Content of WISHA written access orders

• A written access order from WISHA will contain at least the following information:

  – The identity of employees whose medical information is being requested.

  • This may be either by name, job classification, time clock number, department, or similar identifier.

- A description of the medical information that will be examined.

- The purpose for seeking access to this medical information.

• Any additional evidence supporting access to the medical information.

– A step-by step description of how the records will be obtained, copied, reviewed, and stored, specifying the following:

• Who will be in charge of on-site review of the records, or who will take possession of the records for off-site review
• Where the records will be reviewed
• When review or receipt of the records is to take place
• If the records are to be reviewed on-site, what type of information will be copied and removed off-site.

– How personal identifiers will be separated from the medical information and how long this information will be kept
– The principal WISHA investigator’s full name, business address and telephone number
– The full names and titles of all individuals that will review the records
– The WISHA industrial hygiene program manager’s full name, business address and telephone number.

Note: WISHA doesn’t need a written access order for the following types of employee medical records Medical records and analyses that don’t contain personal identification information Examination of records to verify compliance with the medical surveillance requirements of another occupational health and safety rule The following records when required by another occupational health and safety rule: – Medical opinions – Biological monitoring results – Results of medical examinations and laboratory tests.