If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first requiring a written statement of need or a confidentiality agreement. The employer may request a written statement of need and confidentiality agreement as required under subsection (2) of this section as soon as circumstances permit.
In a nonemergency situation, an employer shall disclose a specific hazardous substance identity, if known, otherwise permitted to be withheld under ORS 453.332 (When disclosure of identity may be withheld), to a health professional if the health professional provides a statement of need and enters into a confidentiality agreement with the employer.
A statement of need required under subsection (2) of this section shall:
Be in writing;
Describe in sufficient detail the reason the information is needed;
Explain in detail why disclosure of the specific hazardous substance identity is essential and that without disclosure the health professional would be unable to provide adequate medical assistance; and
Include a description of the procedures to be used to maintain the confidentiality of the disclosed information.
The health professional providing medical assistance and the employer shall enter into a written confidentiality agreement stating that:
The health professional will not use the trade secret information for any purpose other than the health needs asserted; and
The health professional agrees not to release the information under any circumstances except as otherwise authorized by the terms of the agreement or in writing by the employer.
The State Fire Marshal shall establish a uniform form for the confidentiality agreement required under this section. [1985 c.726 §9]