Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › General Industry and Construction Safety and Occupational Health Standards › Occupational Health Standards › Part 470 - EMPLOYEE MEDICAL RECORDS AND TRADE SECRETS › Section R. 325.3472a - Trade secrets; disclosure in medical emergency and nonemergency

Current through Vol. 24-12, July 15, 2024
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.
(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.