(a) An employer who believes that all or any part of the information required under §§ 2406, 2409(b) or 2409(d) of this title is a trade secret may withhold the information provided that:

(1) Material safety data sheets are available to employees in the area where they work;

(2) Hazard information on the trade secret chemicals is provided to the fire chief;

(3) All relevant information is provided to a physician diagnosing and treating an employee exposed to the chemical, pursuant to requirements stated in the OSHA standard set forth in 29 C.F.R. part 1910.1200(i)(2); and

(4) The employer can substantiate the trade secret claim.

(b) The Secretary, upon the Secretary’s own initiative, or upon request of an employee, an employee’s representative or a fire chief, may request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) of this section is valid. The Secretary shall protect from disclosure any or all information coming into the Secretary’s possession when such information is marked by the employer as confidential and shall return all information so marked to the employer at the conclusion of the Secretary’s determination.

(c) The employer shall have 30 days after notification by the Secretary that a trade secret claim is not valid to request an administrative hearing on the determination. Any such hearing shall be held in a manner similar to that provided for in the Administrative Procedures Act [Chapter 101 of Title 29] for hearings in contested cases.

64 Del. Laws, c. 344, § ?1; 70 Del. Laws, c. 186, § ?1;