Current through Register Vol. 63, No. 12, December 1, 2024
(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
