244. Exemptions from disclosure
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(1) An employer may file a claim with the Minister for an exemption from disclosing—
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(a) information required under this Division in relation to an inventory, label or chemical safety data sheet; or
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(b) the name of a toxicological study used by the employer to prepare a chemical safety data sheet;
on the grounds that it is confidential business information and that disclosure of such information to a competitor would be liable to cause harm to an employer's business, so long as the safety and health of employees are not compromised thereby.
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(2) An application under subsection (1), shall be made only in respect of such types of confidential business information as may be prescribed.
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(3) Any employee or any trade union representing the employees of the employer may file with the Minister, an objection to the request made by the employer under subsection (1) specifying the reasons for the objection.
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(4) The Minister shall make a determination or direct the Labour Commissioner to make a determination on his or her behalf, on any request made under subsection (1) and on any objection made under subsection (3).
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(5) Information that an employer considers to be confidential business information is exempt from disclosure from the time a request for exemption is sent to the Minister under subsection (1) until the request is finally determined and for 3 years thereafter, if the request is found to be valid.
DIVISION 3
NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES