DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR'S OFFICE  
GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH  
STANDARD  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by sections 14, 16, 19, 21, and 24 of the Michigan occupational safety and health  
act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and  
Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, MCL  
330.3101, 445.2001, 445.2011, 445.2025, and 445.2030)  
PART 470. EMPLOYEE MEDICAL RECORDS AND TRADE SECRETS  
R 325.3451 Scope, applicability, adoption, and availability of standards.  
Rule 1. (1) These rules apply to all employers covered in the Michigan occupational  
safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, who make, maintain,  
contract for, or have access to, employee exposure or medical records, or analyses  
thereof, pertaining to employees exposed to toxic substances or harmful physical agents.  
(2) These rules apply to all employee exposure and medical records, and analyses  
thereof, of employees exposed to toxic substances or harmful physical agents, whether or  
not the records are related to specific occupational safety or health rules.  
(3) These rules apply to all employee exposure and medical records, and analyses  
thereof, made or maintained in any manner, including on an in-house, contractual, or  
fee-for-service basis. An employer shall ensure that the preservation and access  
requirements of these rules are complied with, regardless of the manner in which records  
are made or maintained.  
(4) The following federal Occupational Safety and Health Administration (OSHA)  
regulations are adopted by reference in these rules:  
(a) 29 CFR 1910.1020 “Access to employee exposure and medical records,” as  
amended June 8, 2011.  
(b) 29 CFR 1910.1020, appendix A “Sample authorization letter for the release of  
employee medical record information to a designated representative (non-mandatory),” as  
amended June 20, 1996.  
(c) 29 CFR 1910.1020, appendix B “Availability of NIOSH registry of toxic effects  
of chemical substances (RTECS) (non-mandatory),” as amended June 20, 1996.  
(5) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.  
“Hazard Communication.”  
(6) The adopted federal regulations have the same force and effect as a rule  
promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL  
408.1001 to 408.1094.  
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(7) The OSHA regulations adopted in these rules are available from the United  
States Department of Labor, Occupational Safety and Health Administration website,  
www.osha.gov, at no charge, as of the time of adoption of these rules.  
(8) The regulations adopted in these rules are available for inspection at the  
Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section,  
530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.  
(9) The regulations adopted in these rules may be obtained from the publisher or the  
Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section,  
530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost  
charged in this rule, plus $20.00 for shipping and handling.  
(10) The following Michigan Occupational Safety and Health Administration  
(MIOSHA) standard is referenced in these rules: Occupational Health Standard Part 430.  
“Hazard Communication,” R 325.77001 to R 325.77004. Up to 5 copies of this standard  
may be obtained at no charge from the Department of Licensing and Regulatory Affairs,  
MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643,  
Lansing, Michigan, 48909-8143 or via the internet at the following website:  
www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the  
time of adoption of these rules, is 4 cents per page.  
History: 1983 AACS; 2018 AACS.  
R 325.3451a Rescinded.  
History: 2014 AACS; 2018 AACS.  
R 325.3452 Rescinded.  
History: 1983 AACS; 1993 AACS; 1998-2000 AACS; 2014 AACS; 2018 AACS.  
R 325.3453 Rescinded.  
History: 1983 AACS; 1993 AACS; 1998-2000 AACS; 2014 AACS; AACS.  
R 325.3454 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3455 Rescinded.  
History: 1983 AACS; 2018 AACS.  
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R 325.3456 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3457 Rescinded.  
History: 1983 AACS; 1993 AACS; 2014 AACS; 2018 AACS.  
R 325.3458 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3459 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3460 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3461 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3462 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3463 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3464 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3465 Rescinded.  
History: 1983 AACS; 2018 AACS.  
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R 325.3466 Rescinded.  
History: 1983 AACS; 2014 AACS; 2018 AACS.  
R 325.3467 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
R 325.3468 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3469 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3470 Rescinded.  
History: 1983 AACS; 2018 AACS.  
R 325.3471 Access to records by the department.  
Rule 21. (1) An employer shall, upon request, and without derogation of any  
rights under the constitution and the act that the employer chooses to exercise, assure  
the prompt access of representatives of the department to employee exposure and  
medical records and to analyses based on exposure or medical records.  
(2) If a representative of the department seeks access to personally identifiable  
employee medical information by presenting to the employer a written access order  
signed by the director, the employer shall prominently post a copy of the written  
access order for not less than 15 working days.  
History: 1983 AACS; 1993 AACS.  
R 325.3472 Trade secrets; employee requests, procedures; discrimination  
complaints.  
Rule 22. (1) Except as provided in subrule (3) of this rule, an employer may delete,  
from records that are requested by a health professional, employee, or designated  
representative, a trade secret, as defined by section 6(7) of the act, which discloses  
manufacturing processes or which discloses the percentage of a chemical substance in a  
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mixture, if the employer notifies the health professional, employee, or designated  
representative, in writing, that the trade secret information has been deleted.  
(2) If deletion of trade secret information by an employer pursuant to the provisions  
of subrule (1) of this rule substantially impairs the evaluation of a place where, or a time  
when, exposure of an employee to a toxic substance or harmful physical agent occurred,  
the employer shall provide alternative information that is sufficient to permit the  
employee or designated representative to identify where and when exposure occurred.  
(3) An employer may withhold a specific chemical name and identity, the exact  
percentage (concentration) of the substance in a mixture, and other specific identification  
of a toxic substance from a disclosable record if all of the following provisions are  
satisfied:  
(a) The claim that the information withheld is a trade secret can be supported pursuant  
to the provisions of section 14d of the act.  
(b) All other available information on the properties and toxic effects of the substances  
is disclosed.  
(c) The employer informs the requesting party that the specific chemical identity and  
percentage composition are withheld as a trade secret.  
(d) The specific chemical identity and percentage composition are made available, upon  
request, to health professionals, employees, and designated representatives pursuant to  
the applicable provisions of R 325.3472a.  
History: 1983 AACS; 1993 AACS; 2014 AACS.  
R 325.3472a Trade secrets; disclosure in medical emergency and nonemergency.  
Rule 22a. (1) If a treating physician or nurse determines that a medical emergency exists  
and the specific chemical identity or specific percentage of composition of a toxic  
substance is necessary for emergency or first aid treatment, an employer shall  
immediately disclose the specific chemical identity or percentage composition of a trade  
secret chemical to the treating physician or nurse, regardless of the existence of a written  
statement of need or a confidentiality agreement. The employer may require a written  
statement of need and confidentiality agreement, pursuant to the provisions of subrules  
(2) and (3) of this rule, as soon as circumstances permit.  
(2) In nonemergency situations, an employer shall, upon request, disclose a specific  
chemical identity or percentage composition, otherwise permitted to be withheld pursuant  
to the provisions of R 325.3472(4), to a health professional, employee, or designated  
representative if all of the following provisions are met:  
(a) The request is in writing.  
(b) The request describes, with reasonable detail, 1 or more of the following  
occupational health needs for the information:  
(i) To assess the hazards of the chemicals to which employees will be exposed.  
(ii) To conduct or assess sampling of the workplace atmosphere to determine  
employee exposure levels.  
(iii) To conduct preassignment or periodic medical surveillance of exposed  
employees.  
(iv) To provide medical treatment to exposed employees.  
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(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.  
(vii) To conduct studies to determine the health effects of exposure.  
(c) The request explains, in detail, why the disclosure of the specific chemical  
identity or percentage composition is essential and why the disclosure of the following  
information would not enable the health professional, employee, or designated  
representative to provide the occupational health services described in subrule (2)(b) of  
this rule:  
(i) The properties and effects of the chemical.  
(ii) Measures for controlling workers' exposure to the chemical.  
(iii) Methods of monitoring and analyzing worker exposure to the chemical.  
(iv) Methods of diagnosing and treating harmful exposures to the chemical.  
(d) The request includes a description of the procedures to be used to maintain the  
confidentiality of the disclosed information.  
(e) The health professional, employee, or designated representative and the  
employer or contractor of the services of the health professional or designated  
representative agree, in a written confidentiality agreement, that the health professional,  
employee, or designated representative will not use the trade secret information for any  
purpose other than the health need asserted and agree not to release the information under  
any circumstances other than to the department, as provided in subrule (7) of this rule,  
except as authorized by the terms of the agreement or by the employer.  
(3) The confidentiality agreement that is authorized by subrule (2) of this rule may  
do either of the following:  
(a) Restrict the use of the information to the health purposes indicated in the written  
statement of need.  
(b) Provide for appropriate legal remedies for a breach of the agreement, including  
stipulation of a reasonable estimate of likely damages. The agreement shall not include  
requirements for the posting of a penalty bond.  
(4) Nothing in these rules is meant to preclude the parties from pursuing non-  
contractual remedies to the extent permitted by law.  
(5) If the health professional, employee, or designated representative who receives  
the trade secret information decides that there is a need to disclose it to the department,  
then the employer who provided the information shall be informed by the health  
professional before, or at the same time as, the disclosure.  
(6) If an employer denies a written request for disclosure of a specific chemical identity  
or percentage composition, then the denial shall be in compliance with all of the  
following provisions:  
(a) Be provided to the health professional, employee, or designated representative  
within 30 days of the request.  
(b) Be in writing.  
(c) Include evidence to support the claim that the specific chemical identity or  
percentage composition is a trade secret according to the provisions of section 14d of the  
act.  
(d) State the specific reasons why the request is being denied.  
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(e) Explain in detail how alternative information may satisfy the specific medical or  
occupational health need without revealing the specific chemical identity or percentage  
composition.  
(7) The health professional, employee, or designated representative whose request for  
information is denied pursuant to the provisions of subrule (2) of this rule, may refer the  
request and the written denial of the request to the department for consideration.  
(8) If a health professional, employee, or designated representative refers a denial to the  
department pursuant to subrule (2) of this rule, the department shall consider the evidence  
to determine which of the following are true:  
(a) The employer has supported the claim that the specific chemical identity or  
percentage composition is a trade secret.  
(b) The health professional, employee, or designated representative has supported  
the claim that there is a medical or occupational health need for the information.  
(c) The health professional, employee, or designated representative has  
demonstrated adequate means to maintain confidentiality.  
(9) With regard to an investigation, both of the following provisions apply:  
(a) If the department determines that the specific chemical identity or percentage  
composition requested pursuant to the provisions of subrule (2) of this rule is not a bona  
fide trade secret, or that it is a trade secret, but the requesting health professional,  
employee, or designated representatives 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, then the  
employer will be subject to citation by the department.  
(b) If an employer demonstrates to the department that the execution of a confidentiality  
agreement would not provide sufficient protection against the potential harm from the  
authorized disclosure of a trade secret specific chemical identity or percentage  
composition, then the department 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 employer.  
(10) Notwithstanding the existence of a trade secret claim, an employer shall, upon  
request, disclose to the director any information that these rules require the employer to  
make available. If there is a trade secret claim, the claim shall be made not 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.  
(11) Nothing in these rules shall be construed as requiring, under any circumstances,  
the disclosure of process or percentage of mixture information that is a trade secret.  
History: 1993 AACS; 2014 AACS.  
R 325.3473 Rescinded.  
History: 1983 AACS; 1993 AACS; 2018 AACS.  
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R 325.3474 Availability of rules and appendices to employees.  
Rule 24. An employer shall make readily available to employees a copy of these  
rules and their appendices and shall distribute to employees any other informational  
materials concerning these rules which are made available to the employer by the  
department or the director.  
History: 1983 AACS.  
R 325.3475 Rescinded.  
History: 1983 AACS; 2014 AACS; 2018 AACS.  
R 325.3476 Rescinded.  
History: 1983 AACS; 1993 AACS; 1998 AACS; 2014 AACS.  
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;