OAR 837-085-0180: Trade Secrets — Refusal to Disclose

(1) If the covered employer, owner, or operator denies a written request, submitted in accordance with OAR 837-85-170(2), for disclosure of a specific chemical identity, the denial must: (a) Be provided to the health professional within 30 days of the request; (b) Be in writing; (c) State the specific reasons why the request is being denied; (d) Include evidence to support the claim that the specific chemical identity is a trade secret; and (e) Explain in detail how alternative information may satisfy the specific planning or health need without revealing the specific chemical identity. (2) The health professional whose request for information, as authorized by OAR chapter 837, division 085, is denied may refer the request and the covered employer, owner, or operator's written denial to the State Fire Marshal for consideration. (3) When the health professional refers the denial to the State Fire Marshal, the State Fire Marshal shall consider the evidence to determine if: (a) The covered employer, owner, or operator has supported the claim that the specific chemical identity is a trade secret; (b) The health professional has supported the claim that there is a medical, planning, or health need for the information; and (c) The health professional has demonstrated adequate means to protect the confidentiality. (4) If a covered employer, owner or operator demonstrates to the State Fire Marshal that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of trade secret data, the State Fire Marshal may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the health or planning services are provided without undue risk of harm to the covered employer, owner, or operator. (5) If the State Fire Marshal determines that the specific chemical identity requested under OAR 837-085-0140 is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate need for the information, has executed a written confidentiality agreement and has shown adequate means to protect the confidentiality of the information, the covered employer, owner or operator must provide the requested information.