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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 30 - Mineral Resources |
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Chapter I - Mine Safety and Health Administration, Department of Labor |
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SubChapter H - Education and Training |
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Part 47 - Hazard Communication (Hazcom) |
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Subpart H - Making HazCom Information Available |
§ 47.77 - Review of denial.
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(a) The health professional, miner, or designated representative may refer the written denial to MSHA for review. The request for review must include a copy of—
(1) The request for disclosure of the identity of the trade secret chemical,
(2) The confidentiality agreement, and
(3) The operator's written denial,
(b) If MSHA determines that the identity of the trade secret chemical should have been disclosed, the operator shall be subject to citation by MSHA.
(c) If MSHA determines that the confidentiality agreement would not sufficiently protect against unauthorized disclosure of the trade secret, MSHA may impose additional conditions to ensure that the occupational health services are provided without an undue risk of harm to the operator.
(d) If the operator contests a citation for a failure to release the identity of a trade secret chemical, the matter will be adjudicated by the Mine Safety and Health Review Commission. The Administrative Law Judge may review the citation and supporting documentation in camera or issue appropriate orders to protect the trade secret.