[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: 30CFR47.85]

[Page 214-215]
 
                       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. 47.85  Confidentiality agreement and remedies.

    (a) The confidentiality agreement authorized by Sec. 47.84--
    (1) May restrict the use of the trade secret chemical identity to 
the health

[[Page 215]]

purposes indicated in the written statement of need;
    (2) 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;
    (3) Must allow the exposed miner, the miner's designated 
representative, or the health professional to disclose the trade secret 
chemical identity to MSHA;
    (4) May provide that the exposed miner, the miner's designated 
representative, or the health professional inform the operator who 
provided the trade secret chemical identity prior to or at the same time 
as its disclosure to MSHA; and
    (5) May not include requirements for the posting of a penalty bond.
    (b) Nothing in this subpart precludes the parties from pursuing non-
contractual remedies to the extent permitted by law.