WILLIAM DONALD SCHAEFER, Governor Ch. 153

(f) Nothing in this subtitle is meant to preclude the parties from pursuing
noncontractual remedies to the extent permitted by law.

(g) If the health professional receiving the trade secret information decides that
there is a need to disclose it to the Maryland Occupational Safety and Health
Administration, the manufacturer or employer who provided the information shall be
informed by the health professional prior to the disclosure to the Maryland
Occupational Safety and Health Administration.

(h) If the chemical manufacturer or employer denies a written request for
disclosure of a specific chemical identity, the denial must:

(1) Be provided to the health professional within 30 days of the request;

(2) Be in writing;

(3) Include evidence to support the claim that the specific chemical
identity is a trade secret;

(4) State the specific reasons why the request is being denied; and

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

(i) The health professional whose request for information is denied under
subsection (h) of this section may refer the request and the written denial of the request
to the Commissioner for consideration.

(j) (1) After an employer or manufacturer claims a trade secret under
subsection (b) of this section or when a health professional refers a denial to the
Commissioner under subsection (i) of this section, the Commissioner shall consider the
evidence to determine if:

(i) The manufacturer or employer has carried the burden of proving
that the claim that the specific chemical identity is a trade secret; and

(ii) When appropriate, the health professional:

1. Has supported the claim that there is a medical or
occupational health need for the information; and

2. Has demonstrated adequate means to protect the
confidentiality.

(2) If the Commissioner determines that the specific chemical identity of a
hazardous chemical is not a bona fide trade secret, or that it is a trade secret but the
requesting health professional has a legitimate medical or occupational health need for
the information, has executed a written confidentiality agreement, and has shown
adequate means to protect the confidentiality of the information, the manufacturer or
employer will be subject to citation by the Commissioner.

(3) If a manufacturer or employer demonstrates to the Commissioner that

- 645 -