WAC 296-62-05315 Reveal trade secret information in nonemergency situations when requested by a health professional, employee, or designated representative.

аааа The request by the health professional, employee, or designated representative must:

аааа Х Be in writing.

аааа Х Describe with reasonable detail one or more of the reasons the information is needed. The reason(s) must be related to occupational health needs, such as to:

аааа Х Assess the hazards of the chemicals to which employees will be exposed.

аааа Х Conduct or assess sampling of the workplace atmosphere to determine employee exposure levels.

аааа Х Conduct preassignment or periodic medical surveillance of exposed employees.

аааа Х Provide medical treatment to exposed employees.

аааа Х Select or assess appropriate personal protective equipment for exposed employees.

аааа Х Design or assess engineering controls or other protective measures for exposed employees.

аааа Х Conduct studies to determine the health effects of exposure.

аааа Х Explain in detail why the disclosure of the specific chemical identity is essential.

аааа Х Explain why disclosing the:

аааа Х Properties and effects of the chemical.

аааа Х Measures for controlling workers' exposure to the chemical.

аааа Х Methods of monitoring and analyzing worker exposure to the chemical.

аааа Х Methods of diagnosing and treating harmful exposures to the chemical in lieu of trade secret information would prevent the health professional, employee, or designated representative from providing the occupational health services described in the occupational health needs description.

аааа Х Describe procedures to be used to maintain the confidentiality of the disclosed information. The health professional, employee, or designated representative and the employer or contractor of the services of the health professional or designated representative agree in a written confidentiality agreement that the health professional, employee, or designated representative:

аааа Х Will not use the trade secret information for any purpose other than the health need(s) described; and

аааа Х Agree not to release the information under any circumstances other than to WISHA, except as authorized by the terms of the agreement or by the employer.

аааа This confidentiality agreement may:

аааа Х Restrict the use of the information to the health purposes indicated in the written statement of need.

аааа Х Provide for appropriate legal remedies in the event of a breach of the agreement, including a reasonable preestimate of likely damages.

аааа Х Not include requirements for the posting of a penalty bond.

аааа If the health professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to WISHA, he or she must inform the employer who provided the information prior to, or at the same time as disclosing it to WISHA.

аааа Nothing in this section is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.

[Statutory Authority: RCW 49.17.010, [49.17].040, and[49.17].050 . 01-11-038, з 296-62-05315, filed 5/9/01, effective 9/1/01.]