[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR47.84]

[Page 214]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 47--HAZARD COMMUNICATION (HazCom)--Table of Contents
 
               Subpart I--Trade Secret Hazardous Chemical
 
Sec. 47.84  Non-emergency disclosure.

    Upon request, the operator must disclose the identity of a trade 
secret chemical in a non-emergency situation to an exposed miner, the 
miner's designated representative, or a health professional providing 
services to the miner, if the following conditions are met.
    (a) The request is in writing.
    (b) The request describes in reasonable detail an occupational 
health need for the information, as follows:
    (1) To assess the chemical hazards to which the miner will be 
exposed.
    (2) To conduct or assess health sampling to determine the miner's 
exposure levels.
    (3) To conduct reassignment or periodic medical surveillance of the 
exposed miner.
    (4) To provide medical treatment to the exposed miner.
    (5) To select or assess appropriate personal protective equipment 
for the exposed miner.
    (6) To design or assess engineering controls or other protective 
measures for the exposed miner.
    (7) To conduct studies to determine the health effects of exposure.
    (c) The request explains in detail why the disclosure of the 
following information would not satisfy the purpose described in 
paragraph (b) of this section:
    (1) The properties and effects of the chemical.
    (2) Measures for controlling the miner's exposure to the chemical.
    (3) Methods of monitoring and analyzing the miner's exposure to the 
chemical.
    (4) Methods of diagnosing and treating harmful exposures to the 
chemical.
    (d) The request describes the procedures to be used to maintain the 
confidentiality of the disclosed information.
    (e) The person making the request enters a written confidentiality 
agreement that he or she will not use the information for any purpose 
other than the health needs asserted and agrees not to release the 
information under any circumstances, except as authorized by Sec. 47.85, 
by the terms of the agreement, or by the operator.