AN ACT Relating to facilitating the use of a department of labor and industries-approved, application-based, third-party recording platform to record independent medical exams;
SB 6128 would require the Washington Department of Labor and Industries, and self-insured employers in workers’ compensation claims, to allow injured workers to audio, video, or audio-video record independent medical examinations (IMEs) using a department-approved, application-based third-party recording platform. The bill re-enacts and amends workers’ compensation statutes to establish when an exam may be recorded, how notice must be given, who may observe the exam, and how the recording must be stored, accessed, and protected.
The measure sets detailed rules for the recording process. It requires at least seven days’ notice before recording, places the cost of recording on the worker, prohibits independent recording outside the approved platform, and bars local copies or public posting of recordings. It also allows the worker to have one adult observer present, requires the platform to meet cybersecurity standards, and directs that recordings be retained for the life of the claim and for a period after final closure or litigation. The bill applies prospectively to all claims regardless of injury date and takes effect July 1.
The bill would amend Washington workers’ compensation law governing independent medical examinations by adding a formal right to record those exams through a department-approved third-party platform. It affects the Department of Labor and Industries, self-insured employers, injured workers, medical examiners, and third-party recording vendors, while also creating new rulemaking duties for the department on notice, access, storage, transfer, confidentiality, and vendor changes. It would also make recordings confidential and integrate their costs into claim costs under the workers’ compensation system.
No committee transcripts or recorded votes were provided, so there is no direct evidence of support or opposition from the legislative record included here. Based on the bill text, the measure appears designed to balance worker transparency and evidentiary access with privacy, security, and exam integrity, suggesting a policy approach aimed at reducing disputes over IMEs while controlling how recordings are made and used.
The main points of potential contention are the restrictions placed on how recordings may be made and shared. Workers gain a right to record, but only through a department-approved platform, must pay the recording costs, must give advance notice, and may not independently record or publicly post the exam. Employers, self-insured entities, and medical providers may be concerned about confidentiality, exam disruption, and the administrative burden of compliance, while workers and their representatives may focus on preserving access to a reliable record of the examination and limiting disputes over examiner conduct. The observer provision and the prohibition on local storage or duplication may also be debated as safeguards versus limitations.