Trade Secrets

Chapter 296-816, WAC

Effective Date: 09/01/04


WAC 296-816-300


For printing

Designated representative

      • Any individual or organization to which an employee gives written authorization.
      • A recognized or certified collective bargaining agent without regard to written employee authorization.
      • The legal representative of a deceased or legally incapacitated employee.

Employee exposure record

A record containing any of the following information:

      • Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained.
      • Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems, such as the level of a chemical in the blood, urine, breath, hair, or fingernails, but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs.
      • Material safety data sheets (MSDSs) indicating that the material may pose a hazard to human health;
      • In the absence of the above:
        • - A chemical inventory or any other record that reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.
        • - Exposure records of other employees with past or present job duties or related working conditions.

Exposure or exposed

The contact an employee has with a toxic substance, harmful physical agent, or oxygen deficient condition. Exposure can occur through various routes, such as inhalation, ingestion, skin contact, or skin absorption.

Health professional

A physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist, providing medical or other occupational health services to exposed employees.


Any item, collection, or grouping of information. Examples include:

    • Paper document
    • Microfiche
    • Microfilm
    • X-ray film
    • Computer record.

Specific chemical identity

Any information that reveals the precise chemical designation of the substance, such as:

    • Chemical name
    • Chemical abstracts service (CAS) registry number.

Trade secret

Any confidential information that's used in an employer's business and gives an opportunity to gain an advantage over competitors who don't know or use it. It can be a:
    • Formula
    • Pattern
    • Process
    • Device
    • Information
    • Collection of information.

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