TITLE 28
Labor and Labor Relations

CHAPTER 28-21
Hazardous Substances Right-to-Know Act

SECTION 28-21-10


   § 28-21-10  Trade secrets. – (a) A manufacturer or employer may withhold the precise chemical name of a chemical if:

   (1) The manufacturer or employer can substantiate to the department of labor and training that it is a trade secret;

   (2) The chemical is not a carcinogen, mutagen, or teratogen as published in OSHA regulations;

   (3) The chemical is identified by a generic chemical classification that would provide useful information to a health professional;

   (4) All other information on the properties and effects of the chemical required by this chapter is contained in the material safety data sheet;

   (5) The material safety data sheet indicates which category of information is being withheld on trade secret grounds; and

   (6) In any event, the withheld information is provided on a confidential basis to a treating physician who states in writing, except in an emergency situation, that a patient's health problems may be the result of occupational exposure. A statement to this effect with the name of the manufacturer and an emergency telephone number shall be included in the material safety data sheet.

   (b) "Trade secrets", for the purpose of this section, means any formula, plan, pattern, process, production data, information, or compilation of information which is not patented, which is known only to an employer and certain other individuals, and which is used in the fabrication and production of an article of trade or service, and which gives the employer possessing it a business advantage over competitors who do not possess it.

History of Section.
(P.L. 1983, ch. 18, § 1; P.L. 1985, ch. 269, § 1; P.L. 1985, ch. 483, § 1.)