Section 12. An employer or the preparer of an MSDS shall provide said MSDS, including information withheld as a trade secret, immediately on a confidential basis to an employee's treating physician who states in writing that in his professional judgment said employee's medical condition may be the result of occupational exposure to a toxic or hazardous substance present in the employee's workplace; provided, however, that such treating physician shall be required to sign concurrently, or in the case of geographical separation within twenty-four hours a confidentiality agreement, the form of which shall be promulgated by the commissioner of DPH. This agreement shall restrict the use of information to health purposes, prohibit disclosure of the information to anyone other than the treating physician and necessary medical personnel, and may provide for compensation or other legally appropriate relief for any competitive harm which may result from a breach of the agreement.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 111f - Hazardous Substances Disclosure by Employers
Section 2 - Administrative Responsibilities; Rules and Regulations; Promulgation
Section 5 - Material Safety Data Sheets; Trade Secret Claims; Disclosure
Section 6 - Research Laboratories; Exemption
Section 7 - Containers; Labels
Section 8 - Material Safety Data Sheets; Preparation; Revision
Section 9 - Material Safety Data Sheets; Obligation to Provide to Purchaser
Section 10 - Material Safety Data Sheets; Mixtures
Section 11 - Material Safety Data Sheets; Employers' Duties; Employee's Right to Examine
Section 14 - Records; Examination; Copying
Section 15 - Instruction on Nature and Effects of Toxic or Hazardous Substances to Employees
Section 16 - Material Safety Data Sheets; Filing Copies
Section 17 - Material Safety Data Sheets; Requests for Copies
Section 18 - Endangerment of Public Health or Safety; Investigation; Findings; Review
Section 19 - Material Safety Data Sheets; Release to Municipal Officials
Section 20 - Material Safety Data Sheets, Release to Treating Physician; Confidentiality Agreement
Section 21 - Disclosure of Information; Public Record; Penalties