Public Employees' Chemical Right To Know Act Page 16
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31(A)
To assess the hazards of the chemicals to which employees
will be exposed;
(B)
To conduct or assess sampling of the workplace
atmosphere to determine employee exposure levels;
(C)
To
conduct
pre-assignment
or
periodic
medical
surveillance of exposed employees;
(D)
To provide medical treatment to exposed employees;
(E)
To select or assess appropriate personal protective
equipment for exposed employees;
(F)
To design or assess engineering controls or other
protective measures for exposed employees; and,
(G)
To conduct studies to determine the health effects of
exposure.
(iii)
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 to the health professional, employee, or designated representative, would not
satisfy the purposes described in paragraph 12-(i)(3)(ii) of this regulation:
(A)
The properties and effects of the chemical;
(B)
Measures for controlling workers= exposure to the
chemical;
(C)
Methods of monitoring and analyzing worker exposure to
the chemical; and,
(D)
Methods of diagnosing and treating harmful exposures to
the chemical;
(iv)
The request includes a description of the procedures to be used to
maintain the confidentiality of the disclosed information; and,
(v)
The health professional, and the employer or contractor of the
services of the health professional (i.e., downstream employer, labor organization, or
individual employee), employee, 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(s) asserted and agree not to release the information under any circumstances
other than to the Director as provided in paragraph 12-(i)(6) of this regulation except as
authorized by the terms of the agreement or by the chemical manufacturer or employer.
(4)
The confidentiality agreement authorized by paragraph 12-(i)(3)(iv) of
this regulation:
(i)
May restrict the use of the information to the health purposes
indicated in the written statement of need;
(ii)
May provide for appropriate legal remedies in the event of a
breach of the agreement, including stipulation of a reasonable pre-estimate of likely
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