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not provide sufficient protection against the potential harm from the unauthorized disclosure of a
trade secret specific chemical identity, the Assistant Secretary 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 occupational health needs are met without an undue risk of
harm to the employer.

(12) Notwithstanding the existence of a trade secret claim, an employer shall, upon request, disclose
to the Assistant Secretary any information which this section requires the employer to make
available. Where there is a trade secret claim, such claim shall be made no later than at the time the
information is provided to the Assistant Secretary so that suitable determinations of trade secret
status can be made and the necessary protections can be implemented.

(13) Nothing in this paragraph shall be construed as requiring the disclosure under any
circumstances of process or percentage of mixture information which is a trade secret.

(g) Employee information.

(1) Upon an employee’s first entering into employment, and at least annually thereafter, each
employer shall inform current employees covered by this section of the following:

(i) The existence, location, and availability of any records covered by this section;

(ii) The person responsible for maintaining and providing access to records; and

(iii) Each employee’s rights of access to these records.

(2) Each employer shall keep a copy of this section and its appendices, and make copies readily
available, upon request, to employees. The employer shall also distribute to current employees any
informational materials concerning this section which are made available to the employer by the
Assistant Secretary of Labor for Occupational Safety and Health.

(h) Transfer of records.

(1) Whenever an employer is ceasing to do business, the employer shall transfer all records subject to
this section to the successor employer. The successor employer shall receive and maintain these
records.

(2) Whenever an employer is ceasing to do business and there is no successor employer to receive and
maintain the records subject to this standard, the employer shall notify affected current employees of
their rights of access to records at least three (3) months prior to the cessation of the employer’s
business.

(3) Whenever an employer either is ceasing to do business and there is no successor employer to
receive and maintain the records, or intends to dispose of any records required to be preserved for at
least thirty (30) years, the employer shall:

(i) Transfer the records to the Director of the National Institute for Occupational Safety and
Health (NIOSH) if so required by a specific occupational safety and health standard; or

(ii) Notify the Director of NIOSH in writing of the impending disposal of records at least three (3)

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