30 CFR § 47.85
Confidentiality agreement and remedies.
(a) The confidentiality agreement authorized by § 47.84--
(1) May restrict the use of the trade secret chemical identity to
the health purposes indicated in the written statement of need;
(2) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre- estimate of likely damages;
(3) Must allow the exposed miner, the miner's designated representative, or the health professional to disclose the trade secret chemical identity to MSHA;
(4) May provide that the exposed miner, the miner's designated representative, or the health professional inform the operator who provided the trade secret chemical identity prior to or at the same time as its disclosure to MSHA; and
(5) May not include requirements for the posting of a penalty bond.