Common use of Review of denial Clause in Contracts

Review of denial. (a) The health professional, miner, or designated representative may refer the written denial to MSHA for review. The request for review must include a copy of— (1) The request for disclosure of the identity of the trade secret chemical, (2) The confidentiality agreement, and (3) The operator’s written denial. (b) If MSHA determines that the identity of the trade secret chemical should have been disclosed, the oper- ator will be subject to citation by MSHA. (c) If MSHA determines that the con- fidentiality agreement would not suffi- ciently protect against unauthorized disclosure of the trade secret, MSHA may impose additional conditions to ensure that the occupational health services are provided without an undue risk of harm to the operator. (d) If the operator contests a citation for a failure to release the identity of a trade secret chemical, the matter will be adjudicated by the Federal Mine Safety and Health Review Commission. The Administrative Law Judge may re- view the citation and supporting docu- mentation ‘‘in camera’’ or issue appro- priate orders to protect the trade se- cret.