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(i) Each employer shall, upon request, and without derogation of any rights under the Constitution
or the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., that the employer chooses to
exercise, assure the prompt access of representatives of the Assistant Secretary of Labor for
Occupational Safety and Health to employee exposure and medical records and to analyses using
exposure or medical records. Rules of agency practice and procedure governing OSHA access to
employee medical records are contained in 29 CFR 1913.10.

(ii) Whenever OSHA seeks access to personally identifiable employee medical information by
presenting to the employer a written access order pursuant to 29 CFR 1913.10(d), the employer
shall prominently post a copy of the written access order and its accompanying cover letter for at
least fifteen (15) working days.

(f) Trade secrets.

(1) Except as provided in paragraph (f)(2) of this section, nothing in this section precludes an
employer from deleting from records requested by a health professional, employee, or designated
representative any trade secret data which discloses manufacturing processes, or discloses the
percentage of a chemical substance in mixture, as long as the health professional, employee, or
designated representative is notified that information has been deleted. Whenever deletion of trade
secret information substantially impairs evaluation of the place where or the time when exposure to a
toxic substance or harmful physical agent occurred, the employer shall provide alternative
information which is sufficient to permit the requesting party to identify where and when exposure
occurred.

(2) The employer may withhold the specific chemical identity, including the chemical name and
other specific identification of a toxic substance from a disclosable record provided that:

(i) The claim that the information withheld is a trade secret can be supported;

(ii) All other available information on the properties and effects of the toxic substance is disclosed;
(iii) The employer informs the requesting party that the specific chemical identity is being
withheld as a trade secret; and

(iv) The specific chemical identity is made available to health professionals, employees and
designated representatives in accordance with the specific applicable provisions of this
paragraph.

(3) Where a treating physician or nurse determines that a medical emergency exists and the specific
chemical identity of a toxic substance is necessary for emergency or first-aid treatment, the employer
shall immediately disclose the specific chemical identity of a trade secret chemical to the treating
physician or nurse, regardless of the existence of a written statement of need or a confidentiality
agreement. The employer may require a written statement of need and confidentiality agreement, in
accordance with the provisions of paragraphs (f)(4) and (f)(5), as soon as circumstances permit.

(4) In non-emergency situations, an employer shall, upon request, disclose a specific chemical
identity, otherwise permitted to be withheld under paragraph (f)(2) of this section, to a health
professional, employee, or designated representative if:

(i) The request is in writing;

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