In non-emergency situations, when certain conditions are met, chemical
manufacturers, importers, or employers must disclose the specific chemical identity to
exposed employees, their designated representatives, and health professionals providing
medical or other occupational health services to exposed employees. In this context,
"health professionals" include physicians, occupational health nurses,
industrial hygienists, toxicologists, or epidemiologists.
The information request must be in writing and describe with reasonable detail the medical
or occupational health need for the information. Conditions requiring disclosure of trade
secret information in a non- emergency include:
- Assessing the chemical hazards to which employees will be
exposed
- Conducting or assessing samples of the workplace atmosphere
to determine employee exposure level
- Conducting pre-assignment or periodic medical surveillance
of exposed employees
- Providing medical treatment to exposed employees.
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