(1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if:
(a) Upon a showing satisfactory to the State Fire Marshal, the records, reports or information, or particular parts thereof, if made public, would divulge product identities, methods or processes and are entitled to protection as a trade secret under ORS 192.501; and
(b) Other information provided by the employer describes the properties, quantities stored and used and effects of the hazardous substance.
(2) Under no circumstances shall this section be construed to require the disclosure of information about a process or percentage of mixture that is a trade secret.
(3) A claim of trade secret by the employer, if the claim is substantiated by the Department of Consumer and Business Services or any other agency, may be recognized by the State Fire Marshal as sufficient for purposes of trade secret protection under ORS 453.307 to 453.414 and 476.030.
(4) Site specific information regarding the exact amount and location of a hazardous substance provided to or obtained by the State Fire Marshal or by an agency identified in ORS 453.322 shall be treated by the State Fire Marshal or the agency as confidential.
(5) Any claim of trade secret by an employer pursuant to this section must be made at the time the employer provides the information to the State Fire Marshal. [1985 c.726 §8]
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