A new Washington State law governing access of a public employee to inspect their own personnel file is set to go into effect on July 27, 2025. Under Substitute House Bill 1308 (HB 1308), public agencies are now advised to treat personnel file requests from employees, former employees, and their designees as Public Records Act (PRA) requests, subject to the procedures and requirements outlined in 42.56 RCW. This marks a significant change in how public records officers are required to handle requests to inspect personnel records. Previously, the ability to inspect a personnel file was not governed by the PRA.
House Bill 1308, which was passed in April by the State legislature, amended RCW 49.12.240 and 49.12.250, two statutes related to employee inspection of personnel files, and added a new section to 49.12 RCW, the State code governing employee welfare and labor conditions.
Relevant to public agencies is HB 1308’s stipulation that employers “subject to the requirements under chapter 42.56 RCW shall provide a copy of personnel file(s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 RCW.” Under these provisions, a request by an employee for a copy of their personnel file will require the Public Records Officer to respond with the requisite 5-day letter.
It is also useful to note that the exemption from public inspection of personal information in files maintained for employees defined in RCW 42.56.230 (3) is not likely to apply when that information is being requested by an employee, former employee, and their designees.
This interpretation of the new law appears to be consistent with guidance from the Office of the Attorney General’s (AGO) Local Government PRA Consultation Program.
For more information about HB 1308 as it relates to employee personnel files and your PRA process, please be in touch with your attorney or any member of Pacifica’s Municipal Law or School Districts teams.
