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
(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
(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
(iv) To provide medical treatment to exposed employees.