WILLIAM DONALD SCHAEFER, Governor Ch. 153

representatives of the construction industry, a model training program for use by the
construction industry that takes into account the characteristics of the construction
industry.]

[32N.

(a) Except as provided in this section, a manufacturer, distributor, or employer
shall not be required by this part to disclose any information which, under State or
federal law qualifies as a trade secret or confidential business information.

(b) Except for a hazardous chemical which is a carcinogen, a teratogen, or a
substance inducing abortion or sterility, a chemical manufacturer or employer may
withhold the specific chemical identity, including the chemical name and other specific
identification of a hazardous chemical, from the material safety data sheet and chemical
information list, provided that:

(1) The claim that the information withheld is a trade secret can be
supported;

(2) Information contained in the material safety data sheet concerning the
properties and effects of the hazardous chemical is disclosed;

(3) The material safety data sheet and the chemical information list
indicate that the specific chemical identity is being withheld as a trade secret; and

(4) The specific chemical identity is made available to health professionals
in accordance with this section.

(c) If a treating physician, physician's assistant, or nurse determines that a
medical emergency exists and the specific chemical identity of a hazardous chemical is
necessary for emergency or first aid treatment, the manufacturer or employer shall
immediately disclose the specific chemical identity of a trade secret chemical to that
treating physician or nurse, regardless of the existence of a written statement of need or
a confidentiality agreement. The manufacturer or employer may require a written
statement of need and confidentiality agreement, in accordance with the provisions of
subsections (d) and (e) of this section, as soon as circumstances permit.

(d) In nonemergency situations, a manufacturer or employer shall, upon
request, disclose a specific chemical identity, otherwise permitted to be withheld under
this section, to a physician, registered nurse, physician's assistant, industrial hygienist,
toxicologist, or epidemiologist providing medical or other occupational health services
to an exposed employee if:

(1) The request is in writing;

(2) The request describes with reasonable detail 1 or more of the following
occupational health needs for the information:

(i) To assess the hazard of the chemical to which an employee will
be exposed;

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