(A) The toxic or hazardous substance is identified by a generic chemical classification that would provide sufficient information upon which a health professional could render recommendations for adequate safeguards to prevent toxic or hazardous exposure to the substance. All other information on the properties and effects of the substance are made available on its material safety data sheet/right-to- know form.
(B) The withheld confidential information shall be provided on a confidential basis to a treating physician or other health personnel who states in writing that a patient’s health problems may be related to exposure to a toxic or hazardous substance. In an emergency situation, the physician’s or other health personnel’s request may be oral. The confidentiality of the manufacturer and the employer is recognized, and such confidential information will not be made public.
(C) Confidential claims are not allowed concerning:
(1) Toxics that cause cancer or birth defects or affect reproductive functions; or
(2) Toxics released into the air or water or scattered or spread across the land.
(D) An employer shall specify which information, if any, contained on the Fire Chief’s list is confidential information. The Fire Chief shall adopt necessary and appropriate practices and procedures to protect information identified as confidential from improper use or dissemination beyond the purposes of this chapter. No officer, employee, agent or contractor of any city department, board or commission shall knowingly and intentionally disclose to anyone in any manner, unless authorized by law, confidential information, except as is required to administer or enforce the provisions of this chapter and perform official duties. Any person who violates this provision may be fined, suspended or removed from office or employment, in addition to any other applicable proceedings and penalties for violation of confidential protection provided for under existing law.
(E) Notwithstanding any other provision of this chapter, the Fire Chief or his or her representative, or the Public Health Officer, is authorized to disclose confidential information as designated by an employer when such action is necessary to properly protect health, safety or property in an emergency situation.
(Prior Code, § 115.04) (Ord. G-86-1, passed 5-13-1986)