Public Employees' Chemical Right To Know Act Page 15
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31training shall be provided whenever a new hazard is introduced into their work area or
whenever new and significant information is received by the employer concerning the
hazards of a chemical.
(iii)
Refresher training shall be provided existing employees at least
annually.
(4)
Records. Public employers shall keep a record of the dates of training
sessions given to their employees, together with the name(s) of those employees who
attended such sessions.
(5)
Exemption from training. Public employers are not required to provide the
training mandated by regulation 12-(h)(2)-(3) to toxicologists, chemists, and industrial
hygienists. A public employer may apply to the Director for a training exemption for other
employees with specialized expertise relating to hazardous chemicals. Application for
such an exemption shall be on a form approved and provided by the Director.
12-(i) TRADE SECRETS.
(1)
The 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, provided that:
(i)
The claim that the information withheld is a trade secret can be
supported;
(ii)
Information contained in the material safety data sheet
concerning the properties and effects of the hazardous chemical is disclosed;
(iii)
The material safety data sheet indicates that the specific chemical
identity is being withheld as a trade secret; and,
(iv)
The specific chemical identity is made available to health
professionals, employees, and designated representatives in accordance with the
applicable provisions of this regulation.
(2)
Where a treating physician 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 chemical 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 of a
confidentiality agreement. The chemical manufacturer or employer may require a written
statement of need and confidentiality agreement, in accordance with the provisions of
paragraphs 12-(i)(3) and (4) of this regulation, as soon as circumstances permit.
(3)
In non-emergency situations, a chemical manufacturer or employer shall,
upon request, disclose a specific chemical identity, otherwise permitted to be withheld
under paragraph 12-(i)(1) of this regulation, to a health professional (i.e., physician,
industrial hygienist, toxicologist, epidemiologist, or occupational health nurse) providing
medical or other occupational health services to exposed employee(s), and to employees
or designated representatives, if:
(i)
The request is in writing;
(ii)
The request describes with reasonable detail one or more of the
following occupational health needs for the information:
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