Illinois § 13

§ 13.

Trade Secrets. (a) Trade secrets. An employer, manufacturer, importer or supplier may withhold the precise chemical name of a toxic substance if: (1) The Director has determined that the toxic substance is a trade secret. The Director shall determine that a toxic substance is a trade secret if: (i) The employer, manufacturer, importer or supplier has asserted a written trade secret claim which has not expired by its terms nor been waived or withdrawn; and (ii) the toxic substance conforms to the definition of a trade secret contained in Section 3(m) of this Act; and (2) The substance is identified by a generic chemical classification which would permit independent toxicological evaluation by a health professional; and (3) All other information on the properties and effects of the substance required by this section is contained in the material safety data sheet; and (4) The material safety data sheet indicates which category of information is being withheld on trade secret grounds; and (5) In any event, the withheld information is provided on a confidential basis to a treating health care professional who states in writing that a patient's health problems may be the result of occupational exposure. A statement with the name of the holder of the trade secret information and an emergency telephone number shall be included in the material safety data sheet. In an emergency medical situation, the employer shall disclose the trade secret information to a treating health care professional without requiring the prior signing of any written statement. (b) The Director must determine whether a substance is a trade secret within 30 days of submission of a trade secret claim by the holder of the trade secret information. The information shall be protected as confidential until such determination is made. (c) Except in an emergency medical situation, whenever trade secret information is requested from an employer by any emergency service agency, fire department, user, employee or employee representative or treating health care professional, the holder of the trade secret information, whether an employer, manufacturer, importer or supplier must supply the information but may require, as a condition of access to the trade secret, that such person sign a written confidentiality agreement prepared by the holder of the trade secret information, stating that the person receiving such information will not use the information for the purpose of commercial gain and will not permit misuse of the trade secret information by a competitor or potential competitor of the employer, manufacturer, importer or supplier. (Source: P.A. 83-240.)