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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) The confidentiality agreement authorized by § 47.84—
(1) May restrict the use of the trade secret chemical identity to the health purposes indicated in the written statement of need;
(2) May provide for appropriate legal remedies in the event of a breach of the agreement, including stipulation of a reasonable pre-estimate of likely damages;
(3) Must allow the exposed miner, the miner's designated representative, or the health professional to disclose the trade secret chemical identity to MSHA;
(4) May provide that the exposed miner, the miner's designated representative, or the health professional inform the operator who provided the trade secret chemical identity prior to or at the same time as its disclosure to MSHA; and
(5) May not include requirements for the posting of a penalty bond.
(b) Nothing in this subpart precludes the parties from pursuing non-contractual remedies to the extent permitted by law.
Cite this article: FindLaw.com - Code of Federal Regulations Title 30. Mineral Resources § 30.47.85 Confidentiality agreement and remedies - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-30-mineral-resources/cfr-sect-30-47-85/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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