837-085-0170 Trade Secrets — Disclosures (1) Where a treating physician, registered nurse, or emergency medical technician determines that a medical emergency exists and the specific identity of a chemical substance or waste is necessary for emergency or first-aid treatment, the covered employer, owner or operator must immediately disclose the specific identity of a trade secret chemical to that treating physician, registered nurse, or emergency medical technician regardless of a written statement of need or a confidentiality agreement. The covered employer, owner, or operator may require a written statement of need and a confidentiality agreement in accordance with the provisions of sections (2) and (3) of this rule as soon as the circumstances permit. (2) In a non-emergency situation, a covered employer, owner, or operator must, upon request, disclose a specific chemical identity, otherwise permitted to be withheld under OAR 837-085-0140(1), to a health professional, if: (a) The request is in writing on a form approved by the State Fire Marshal; (b) The request describes, with reasonable detail, one or more of the following community health needs for information: (A) To assess the hazards of the chemical substance or waste to which emergency service personnel will be exposed; (B) To provide medical treatment to exposed employees, emergency service personnel or members of the community; (C) To select or assess appropriate protective equipment for potential exposures; (D) To design or assess engineering controls or other protective measures for emergency situations. (c) 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 would not enable the health professional to provide the services described in subsection (2)(b) of this rule: (A) The properties and effects of the chemical; (B) Measures for controlling community exposure to the chemical; and (C) 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; and (e) The health professional, and the covered employer, owner or operator agree in a written confidentiality agreement that the health professional will not use the trade secret information for any purpose other than the health needs asserted and will not release the information under any circumstances other than to the State Fire Marshal, except as authorized by the terms of the agreement or by the covered employer, owner, or operator. (3) The confidentiality agreement authorized by section (1) of this rule: (a) May restrict the use of the information for the purposes as indicated in the written statement of need; (b) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages; and (c) May not include requirements for the posting of a penalty bond. (4) If the health professional receiving the trade secret information decides that there is a need to disclose it to the State Fire Marshal, the covered employer, owner, or operator who provided the information shall be informed by the health professional prior to, or at the same time as, such disclosure. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.327 - 453.337 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94