(1) The Director of the Department of Consumer and Business Services may by rule require employers to provide information to employees relating to the contents of piping systems. The rules shall include, but need not be limited to requirements for:
(a) Labeling piping systems to provide notice about hazardous chemicals contained in the system; and
(b) Labeling a piping system that uses asbestos as a pipe insulation material.
(2) Every employer shall post a sign in the location where notices to employees are normally posted to inform employees that they have a right under this section and ORS 453.317 (6) to information from the employer regarding hazardous substances found in the place of employment.
(3) The sign required under subsection (2) of this section shall include, but need not be limited to, the following information and shall be substantially in the following form:
NOTICE TO EMPLOYEES
You have a right under state law to information about hazardous substances found in your place of employment. For this information, contact your employer.
(4) Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505, an employer may withhold the precise chemical name of a chemical only if the employer can substantiate that:
(a) The chemical name is a trade secret with commercial value that can be protected only by limiting disclosure; and
(b) The commercial value of the product cannot be preserved by withholding the processes, mixture percentages or other aspects of the production of the product instead of its chemical constituents.
(5) A trade secret designation claimed under subsection (4) of this section may be subject to yearly review.
(6) Notwithstanding any other provision of this chapter or ORS 192.410 to 192.505, if a treating physician or health professional concludes that the chemical identity of a hazardous chemical used in an employer’s place of employment is necessary to prescribe necessary treatment for a patient, the employer may not require the physician or health professional to sign a confidentiality agreement as a condition to the release of the information by the employer, manufacturer or importer. [1985 c.683 §§3,4,5; 1999 c.232 §2; 2005 c.825 §18]
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Last modified: August 7, 2008