skip navigational linksDepartment of Labor Seal U.S. Department of Labor
Mine Safety and Health Administration
Protecting Miners' Safety and Health Since 1978		 Photos representing the mining workforce
www.msha.gov
[skip navigational links] Search MSHA Advanced Options | A to Z | Help
Find It! in DOL | Compliance Assistance |   
 
MSHA - Title 30 CFR

30 CFR § 47.87

Review of denial.

(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 will 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 Federal 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.



Back to Top   Back to Top www.msha.gov www.dol.gov
Frequently Asked Questions | Freedom of Information Act | Customer Survey
Accessibility | Privacy & Security Statement | Disclaimers
Mine Safety and Health Administration (MSHA)
1100 Wilson Boulevard, 21st Floor
Arlington, VA 22209-3939		 Phone:    (202) 693-9400
Fax-on-demand: (202) 693-9401
Technical (web) questions: Webmaster
On-line Filing Help: MSHAhelpdesk@dol.gov
or call (877) 778-6055
Contact Us