HARRY HUGHES, Governor                                    2551

(D) AN EMPLOYER SHALL PROVIDE ADDITIONAL INSTRUCTION TO AN
EMPLOYEE WHENEVER THAT EMPLOYEE:

(1)  MAY BE ROUTINELY EXPOSED TO ADDITIONAL HAZARDOUS
CHEMICALS;

(2)  MAY BE REQUIRED TO TAKE SPECIAL PRECAUTIONS DUE
TO HAZARDOUS CHEMICALS; AND

(3)  MAY POTENTIALLY BE SUBJECT TO INCREASED EXPOSURE
DUE TO CHANGES IN WORK PRACTICES, INCLUDING CHANGES IN EQUIPMENT
OR THE INTRODUCTION OF NEW HAZARDOUS CHEMICALS INTO THE PLACE OF
EMPLOYMENT WORKPLACE.

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.