The state’s office security company investigated every of these latest incidents, however any findings will seemingly stay confidential, shielding from the general public the circumstances that led to these staff not coming house.
State legislation, RCW 49.17.260, deems well being and security investigations into critical accidents and deaths on the worksite confidential and mechanically exempts them from the general public disclosure, limiting entry to a small few.
The state Division of Labor & Industries, which performs these investigations, has stated the legislation protects witnesses of significant accidents or fatalities on the office from retaliation. Extra not too long ago, an company spokesperson stated L&I’d “be open to reforming some aspects of the law.”
Advocates for presidency transparency contend that with out entry to investigative information, the general public, and reporters, can not scrutinize L&I’s investigations or absolutely perceive the causes of office deaths or accidents.
“The public isn’t able to oversee how the state government handles these investigations, and I do think that that’s wrong,” stated Kathy George, a Seattle-based First Modification lawyer and member of the Washington Coalition for Open Authorities, a nonpartisan nonprofit advocating for presidency transparency.
This story is a part of Cascade PBS’s WA Office Watch, an investigative challenge overlaying employee security and labor in Washington state.
The legislation, which handed in 1973 when the state enacted the Industrial Security and Insurance coverage Well being Act, exempts investigative information of significant accidents or deaths from the general public document, making them accessible solely to the injured employee or the household of a deceased employee, authorized representatives, the employee’s union and the employer. Others must petition Superior Court docket to get a replica.
“I do think it is one of the more egregious examples of secrecy that is unnecessary and harmful,” George stated. “We’re talking about very serious workplace injuries or even deaths. Those are the situations where you really want the government to step in and do its job.”
L&I’s well being and security investigations assist decide if a employee’s demise or damage occurred as a result of a security rule was not adopted, or as a result of present security guidelines are too permissive.
When a file is deemed confidential, solely the quotation — which lists any violations and nice totals together with a quick generic description of what security rule was damaged — is publicly accessible.
George proposed repealing the exemption in 2021 when she was a member of the Sunshine Committee, a state advisory group tasked with reviewing present public disclosure legal guidelines and providing suggestions to the Legislature on repealing or amending them.
The committee took up the legislation the next yr and voted 6-2 to maintain the exemption.
State Rep. Larry Springer, D-Kirkland, voted in opposition to repealing the exemption.
“I thought it was reasonable that it would be in the best interest of the injured party and the employer, because the employers, while not physically injured, their business may be injured – that disclosure of those findings serve no particularly good purpose,” stated Springer, recalling his vote in an interview with Cascade PBS.
Springer added that media can probably get the document by going by way of Superior Court docket.
“I think it comes into the category, was this a solution looking for a problem?” Springer requested. “If the injured party feels as if LNI has not adequately investigated, they’re going to say so.”
The opposite two state representatives who additionally took that vote, Rep. Jennifer Graham, R-Spokane, and Sen. Jeff Wilson, R-Longview, agreed with Springer on the time, in keeping with statements by the representatives throughout committee conferences.
L&I legislative director Tammy Fellin defended the legislation throughout discussions with the Sunshine committee in 2021, saying that whereas it was not often used, it was one of many final remaining exemptions that apply to security and well being investigations.
“We do believe that it gives employees protection,” Fellin stated on the time. “We do think that it’s important to encourage employees to participate in these inspections. And so, therefore, we would request that this is maintained.”
George stated she nonetheless doesn’t perceive this justification, arguing that the largest menace of retaliation comes from employers and the legislation already permits them entry to the report.
She supplied on the time to amend her proposal to permit witnesses to decide on to be nameless in investigations. George stated different businesses with investigative authority can generally grant such anonymity to witnesses.
“While we’re open to the Legislature narrowing this exemption from disclosure, we would be concerned with an outright elimination,” Ross wrote. “We think it would still be important for the law to provide guidance about exemptions around graphic photos and some other details, as well as around timing of when reports would be available.”
Different West Coast states and the federal Occupational Security and Well being Administration should not have the identical public document exemptions for well being and security investigations. These information usually develop into accessible upon ultimate adjudication of any appeals.
The general public document exemption doesn’t apply to L&I office investigations into different violations equivalent to wage theft. These paperwork could also be launched in response to a document request.
WashCOG’s George stated going to Superior Court docket presents an enormous hurdle for a lot of events.
“It’s really daunting,” George stated. “If you want to be on a level footing with the defendant, then you’d better have an attorney. So you better have the resources for that.”
Toby Nixon, who took over main the Sunshine Committee when George resigned in March 2023, stated he sees a authentic public curiosity in these investigation studies. Residents ought to have the flexibility to scrutinize L&I’s work to make sure the company has held companies accountable for security failures and isn’t alternatively discriminating in opposition to sure firms.
“We can’t know if that’s happening,” Nixon stated. “The only way we would know would be if a whistleblower stepped forward.”
Discover instruments and sources in Cascade PBS’s Verify Your Work information to look office security information and complaints for companies in your group.
Just lately retired Sen. Karen Kaiser, D-Des Moines, a former journalist and the chair of the Senate’s labor committee for a few years, agreed she doesn’t see the necessity to hold a document confidential after an investigation is over. “That doesn’t make sense to me,” Kaiser instructed Cascade PBS in an interview.
Joe Kendo, chief of employees of the Washington State Labor Council, AFL-CIO, stated a employee’s union – which does have entry underneath legislation — makes use of these L&I investigative information to test on security practices and issues at these workplaces.
“The union would want to see the investigation, and peek into to see where the breakdown occurred that led to a death — was the company not following safety laws, or where the safety laws are too permissible,” Kendo stated in an interview with Cascade PBS.
He additionally urged restraint if legislators ever revisited the exemption.
“I think it’s of acute public interest,” Kendo stated, “but I can imagine there being very good cause for limitations on that, such as the name or medical information of the dead worker.”
