§ 28-21-10 - Trade secrets.
SECTION 28-21-10
§ 28-21-10 Trade secrets. – (a) A manufacturer or employer may withhold the precise chemical name of achemical if:
(1) The manufacturer or employer can substantiate to thedepartment of labor and training that it is a trade secret;
(2) The chemical is not a carcinogen, mutagen, or teratogenas published in OSHA regulations;
(3) The chemical is identified by a generic chemicalclassification that would provide useful information to a health professional;
(4) All other information on the properties and effects ofthe chemical required by this chapter is contained in the material safety datasheet;
(5) The material safety data sheet indicates which categoryof information is being withheld on trade secret grounds; and
(6) In any event, the withheld information is provided on aconfidential basis to a treating physician who states in writing, except in anemergency situation, that a patient's health problems may be the result ofoccupational exposure. A statement to this effect with the name of themanufacturer and an emergency telephone number shall be included in thematerial safety data sheet.
(b) "Trade secrets", for the purpose of this section, meansany formula, plan, pattern, process, production data, information, orcompilation of information which is not patented, which is known only to anemployer and certain other individuals, and which is used in the fabricationand production of an article of trade or service, and which gives the employerpossessing it a business advantage over competitors who do not possess it.