[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: 30CFR47.87]

[Page 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. 47.87  Review of denial.

    (a) The health professional, miner, or designated representative may 
refer the written denial to MSHA for review. The request for review must 
include a copy of--
    (1) The request for disclosure of the identity of the trade secret 
chemical,
    (2) The confidentiality agreement, and
    (3) The operator's written denial.
    (b) If MSHA determines that the identity of the trade secret 
chemical should have been disclosed, the operator will be subject to 
citation by MSHA.
    (c) If MSHA determines that the confidentiality agreement would not 
sufficiently protect against unauthorized disclosure of the trade 
secret, MSHA may impose additional conditions to ensure that the 
occupational health services are provided without an undue risk of harm 
to the operator.
    (d) If the operator contests a citation for a failure to release the 
identity of a trade secret chemical, the matter will be adjudicated by 
the Federal Mine Safety and Health Review Commission. The Administrative 
Law Judge may review the citation and supporting documentation ``in 
camera'' or issue appropriate orders to protect the trade secret.