Section 296-62-05320. Deny a written request for disclosure of a specific chemical identity in the manner specified in this rule.

If you choose to deny a written request for disclosure of information about a specific chemical identity, your denial must:

• Be given to the health professional, employee, or designated representative within thirty days of the request.

• Be in writing.

• Include evidence to support the claim that the specific chemical identity is a trade secret.

• State the specific reasons why the request is being denied.

• Explain in detail how alternative information may satisfy the specific medical or occupational health need without revealing the specific chemical identity.

• If a request for information is denied under the nonemergency section of this rule, the request may then be referred with the written denial of the request to WISHA for consideration.

• When a denial is referred to WISHA, WISHA must consider the evidence to determine if the:

• Chemical manufacturer, importer or employer has supported the claim that the specific chemical identity is a trade secret.

• Health professional, employee, or designated representative has supported the claim that there is a medical or occupational health need for the information.

• Health professional, employee, or designated representative has demonstrated adequate means to protect the confidentiality of the trade secret information.

Potential outcomes of denying a written request for trade secret information:

• If WISHA determines that the specific chemical identity requested under the nonemergency situations section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional, employee, or designated representative has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means for complying with the terms of such agreement, the chemical manufacturer, importer or employer will be subject to a citation by WISHA.

• If a chemical manufacturer, importer or employer demonstrates to WISHA that the execution of a confidentiality agreement would not provide sufficient protection against potential harm from the unauthorized disclosure of a trade secret specific chemical identity, the director may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health needs are met without an undue risk of harm to the chemical manufacturer, importer or employer.

• In spite of the existence of a trade secret claim, a chemical manufacturer, importer or employer must upon request, disclose to the director or his representative, any information that this section requires the chemical manufacturer, importer or employer to make available. Where there is a trade secret claim, such claim shall be made no later than at the time the information is provided to the director so that suitable determinations of trade secret status can be made and the necessary protections can be implemented.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-62-05320, filed 5/9/01, effective 9/1/01.]

RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-62-05320, filed 5/9/01, effective 9/1/01.