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including stipulation of a reasonable pre-estimate of likely damages; and,

(iii) May not include requirements for the posting of a penalty bond.

(6) Nothing in this section is meant to preclude the parties from pursuing non-contractual remedies to
the extent permitted by law.

(7) If the health professional, employee or designated representative receiving the trade secret
information decides that there is a need to disclose it to OSHA, the employer who provided the
information shall be informed by the health professional prior to, or at the same time as, such
disclosure.

(8) If the employer denies a written request for disclosure of a specific chemical identity, the denial
must:

(i) Be provided to the health professional, employee, or designated representative within thirty
days of the request;

(ii) Be in writing;

(iii) Include evidence to support the claim that the specific chemical identity is a trade secret;

(iv) State the specific reasons why the request is being denied; and

(v) Explain in detail how alternative information may satisfy the specific medical or occupational
health need without revealing the specific chemical identity.

(9) The health professional, employee, or designated representative whose request for information is
denied under paragraph (f)(4) of this section may refer the request and the written denial of the
request to OSHA for consideration.

(10) When a health professional, employee, or designated representative refers a denial to OSHA
under paragraph (f)(9) of this section, OSHA shall consider the evidence to determine if:

(i) The employer has supported the claim that the specific chemical identity is a trade secret;

(ii) The health professional employee, or designated representative has supported the claim that
there is a medical or occupational health need for the information; and

(iii) The health professional, employee, or designated representative has demonstrated adequate
means to protect the confidentiality.

(11)
(i) If OSHA determines that the specific chemical identity requested under paragraph (f)(4) of this
section is not a bona fide trade secret, or that it is a trade secret but the requesting health professional,
employee, or designated representatives has a legitimate medical or occupational health need for the
information, has executed a written confidentiality agreement, and has shown adequate means for
complying with the terms of such agreement, the employer will be subject to citation by OSHA.

(ii) If an employer demonstrates to OSHA that the execution of a confidentiality agreement would

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