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.