Mich. Admin. Code R. 325.3472 - Trade secrets; employee requests, procedures; discrimination complaints
Rule 22.
(1)
Except as provided in subrule (3) of this rule, an employer may delete, from
records that are requested by a health professional, employee, or designated
representative, a trade secret, as defined by section 6(7) of the act, which
discloses manufacturing processes or which discloses the percentage of a
chemical substance in a mixture, if the employer notifies the health
professional, employee, or designated representative, in writing, that the
trade secret information has been deleted.
(2) If deletion of trade secret information
by an employer pursuant to the provisions of subrule (1) of this rule
substantially impairs the evaluation of a place where, or a time when, exposure
of an employee to a toxic substance or harmful physical agent occurred, the
employer shall provide alternative information that is sufficient to permit the
employee or designated representative to identify where and when exposure
occurred.
(3) An employer may
withhold a specific chemical name and identity, the exact percentage
(concentration) of the substance in a mixture, and other specific
identification of a toxic substance from a disclosable record if all of the
following provisions are satisfied:
(a) The
claim that the information withheld is a trade secret can be supported pursuant
to the provisions of section 14d of the act.
(b) All other available information on the
properties and toxic effects of the substances is disclosed.
(c) The employer informs the requesting party
that the specific chemical identity and percentage composition are withheld as
a trade secret.
(d) The specific
chemical identity and percentage composition are made available, upon request,
to health professionals, employees, and designated representatives pursuant to
the applicable provisions of
R 325.3472a.
Notes
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