010.06.10-9. TRADE SECRETS.
AR ADC 010.06.10-9Arkansas Administrative Code
Ark. Admin. Code 010.06.10-9
010.06.10-9. TRADE SECRETS.
(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:
(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:
(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.
(6) If the health professional, employee, or designated representative receiving the trade secret information decides that there is a need to disclose it to the Director, the chemical manufacturer, or employer who provided the information shall be informed by the health professional, employee, or designated representative prior to, or at the same time as, such disclosure.
(9) The Director shall protect from disclosure all information coming into his possession that is marked as confidential, and shall return all information so marked at the conclusion of his determination. Any information marked confidential pursuant to this regulation shall not be disclosed during any administrative proceeding held pursuant to this regulation. Administrative hearings held pursuant to this regulation shall not be open to the public, but otherwise shall be held in a manner consistent with that provided for in the Administrative Procedures Act, Arkansas Code §§ 5-15-201 et seq., for hearings in contested cases. The proponent of disclosure shall also have the right to be heard.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 010.06.10-9, AR ADC 010.06.10-9
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