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

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

• Be in writing.

• 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:

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

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

• Conduct preassignment or periodic medical surveillance of exposed employees.

• Provide medical treatment to exposed employees.

• Select or assess appropriate personal protective equipment for exposed employees.

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

• Conduct studies to determine the health effects of exposure.

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

• Explain why disclosing the:

• Properties and effects of the chemical.

• Measures for controlling workers' exposure to the chemical.

• Methods of monitoring and analyzing worker exposure to the chemical.

• 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.

• 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:

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

• 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.

This confidentiality agreement may:

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

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

• Not include requirements for the posting of a penalty bond.

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.

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. WSR 01-11-038, § 296-62-05315, filed 5/9/01, effective 9/1/01.]

RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-62-05315, filed 5/9/01, effective 9/1/01.