2342                                         LAWS OF MARYLAND                                     Ch. 364

(III)  TO CONDUCT PRE-ASSIGNMENT OR PERIODIC
MEDICAL SURVEILLANCE OF EXPOSED EMPLOYEES;

(IV)  TO PROVIDE MEDICAL TREATMENT TO AN EXPOSED
EMPLOYEE;

(V)  TO SELECT OR ASSESS APPROPRIATE PERSONAL
PROTECTIVE EQUIPMENT FOR EXPOSED EMPLOYEES;

(VI)  TO DESIGN OR ASSESS ENGINEERING CONTROLS
OR OTHER PROTECTIVE MEASURES FOR EXPOSED EMPLOYEES; AND

(VII)  TO CONDUCT STUDIES TO DETERMINE THE
HEALTH EFFECTS OF EXPOSURE;

(3)  THE REQUEST EXPLAINS IN DETAIL WHY THE DISCLOSURE
OF THE SPECIFIC CHEMICAL IDENTITY IS ESSENTIAL AND THAT, IN LIEU
THEREOF, THE DISCLOSURE OF THE FOLLOWING INFORMATION WOULD NOT
ENABLE THE HEALTH PROFESSIONAL TO PROVIDE THE OCCUPATIONAL HEALTH
SERVICES DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION:

(I)  THE PROPERTIES AND EFFECTS OF THE CHEMICAL;

(II)  MEASURES FOR CONTROLLING WORKER'S EXPOSURE
TO THE CHEMICAL;

(III)  METHODS OF MONITORING AND ANALYZING
WORKER EXPOSURE TO THE CHEMICAL; AND

(IV)  METHODS OF DIAGNOSING AND TREATING HARMFUL
EXPOSURES TO THE CHEMICAL;

(4)  THE REQUEST INCLUDES A DESCRIPTION OF THE
PROCEDURES TO BE USED TO MAINTAIN THE CONFIDENTIALITY OF THE
DISCLOSED INFORMATION; AND

(5)  THE HEALTH PROFESSIONAL, AND THE EMPLOYER OR
CONTRACTOR OF THE HEALTH PROFESSIONAL'S SERVICES SUCH AS
DOWNSTREAM EMPLOYER, LABOR ORGANIZATION, OR INDIVIDUAL EMPLOYER,
AGREE IN A WRITTEN CONFIDENTIALITY AGREEMENT THAT THE HEALTH
PROFESSIONAL WILL NOT USE THE TRADE SECRET INFORMATION FOR ANY
PURPOSE OTHER THAN THE HEALTH NEED ASSERTED AND AGREED NOT TO
RELEASE THE INFORMATION UNDER ANY CIRCUMSTANCES OTHER THAN TO THE
UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, AS
PROVIDED IN SUBSECTION (G) OF THIS SECTION, EXCEPT AS AUTHORIZED
BY THE TERMS OF THE AGREEMENT OR BY THE CHEMICAL MANUFACTURER OR
EMPLOYER.

(E) THE CONFIDENTIALITY AGREEMENT AUTHORIZED BY SUBSECTION
(D) OF THIS SECTION:

(1) MAY RESTRICT THE USE OF THE INFORMATION TO THE
HEALTH PURPOSES INDICATED IN THE WRITTEN STATEMENT OF NEED;