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(ii) The request describes with reasonable detail one or more of the following occupational health
needs for the information:

(A) To assess the hazards of the chemicals to which employees will be exposed;

(B) To conduct or assess sampling of the workplace atmosphere to determine employee
exposure levels;

(C) To conduct pre-assignment or periodic medical surveillance of exposed employees;

(D) To provide medical treatment to exposed employees;

(E) To select or assess appropriate personal protective equipment for exposed employees;

(F) To design or assess engineering controls or other protective measures for exposed
employees; and

(G) To conduct studies to determine the health effects of exposure.

(iii) The request explains in detail why the disclosure of the specific chemical identity is essential
and that, in lieu thereof, the disclosure of the following information would not enable the health
professional, employee or designated representative to provide the occupational health services
described in paragraph (f)(4)(ii) of this section:

(A) The properties and effects of the chemical;

(B) Measures for controlling workers’ exposure to the chemical;

(C) Methods of monitoring and analyzing worker exposure to the chemical; and

(D) Methods of diagnosing and treating harmful exposures to the chemical;

(iv) The request includes a description of the procedures to be used to maintain the confidentiality of
the disclosed information; and

(v) The health professional, employee, or designated representative and the employer or
contractor of the services of the health professional or designated representative agree in a written
confidentiality agreement that the health professional, employee or designated representative will
not use the trade secret information for any purpose other than the health need(s) asserted and
agree not to release the information under any circumstances other than to OSHA, as provided in
paragraph (f)(9) of this section, except as authorized by the terms of the agreement or by the
employer.

(5) The confidentiality agreement authorized by paragraph (f)(4)(iv) of this section:

(i) May restrict the use of the information to the health purposes indicated in the written
statement of need;

(ii) May provide for appropriate legal remedies in the event of a breach of the agreement,

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