(a) A manufacturing employer, non-manufacturing employer or distributor who believes that all or any part of the information required on an MSDS or under § 50-3-2014 or § 50-3-2015 is a trade secret may withhold the information; provided, that:
(1) MSDSs are available to persons in the area where they work;
(2) Hazard information on any trade secret chemical is provided to the fire chief and appropriate emergency response department;
(3) All relevant information is provided pursuant to requirements stated in the OSHA standard set forth in 29 CFR Part 1910.1200(i)(2); and
(4) The employer or distributor can substantiate the trade secret claim.
(b) (1) The commissioner, upon the commissioner's initiative, or upon request by an employee, an employee's representative, or the fire chief, shall request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) is valid.
(2) The commissioner shall protect from disclosure any or all information coming into the commissioner's possession when the information is marked by the employer as confidential and shall return all information marked as confidential to the employer at the conclusion of the commissioner's determination.
(c) (1) Any information that is marked confidential pursuant to subsection (b) shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to public observation pursuant to title 8, chapter 44, and any judicial proceedings relative to the information shall be held in camera.
(2) Any information that is marked confidential pursuant to subsection (b) shall not be a public record pursuant to title 10, chapter 7.
(a) A manufacturing employer, non-manufacturing employer or distributor who believes that all or any part of the information required on an MSDS or under § 50-3-2014 or § 50-3-2015 is a trade secret may withhold the information; provided, that:
(1) MSDSs are available to persons in the area where they work;
(2) Hazard information on any trade secret chemical is provided to the fire chief and appropriate emergency response department;
(3) All relevant information is provided pursuant to requirements stated in the OSHA standard set forth in 29 CFR Part 1910.1200(i)(2); and
(4) The employer or distributor can substantiate the trade secret claim.
(b) (1) The commissioner, upon the commissioner's initiative, or upon request by an employee, an employee's representative, or the fire chief, shall request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) is valid.
(2) The commissioner shall protect from disclosure any or all information coming into the commissioner's possession when the information is marked by the employer as confidential and shall return all information marked as confidential to the employer at the conclusion of the commissioner's determination.
(c) (1) Any information that is marked confidential pursuant to subsection (b) shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to public observation pursuant to title 8, chapter 44, and any judicial proceedings relative to the information shall be held in camera.
(2) Any information that is marked confidential pursuant to subsection (b) shall not be a public record pursuant to title 10, chapter 7.
(a) A manufacturing employer, non-manufacturing employer or distributor who believes that all or any part of the information required on an MSDS or under § 50-3-2014 or § 50-3-2015 is a trade secret may withhold the information; provided, that:
(1) MSDSs are available to persons in the area where they work;
(2) Hazard information on any trade secret chemical is provided to the fire chief and appropriate emergency response department;
(3) All relevant information is provided pursuant to requirements stated in the OSHA standard set forth in 29 CFR Part 1910.1200(i)(2); and
(4) The employer or distributor can substantiate the trade secret claim.
(b) (1) The commissioner, upon the commissioner's initiative, or upon request by an employee, an employee's representative, or the fire chief, shall request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) is valid.
(2) The commissioner shall protect from disclosure any or all information coming into the commissioner's possession when the information is marked by the employer as confidential and shall return all information marked as confidential to the employer at the conclusion of the commissioner's determination.
(c) (1) Any information that is marked confidential pursuant to subsection (b) shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to public observation pursuant to title 8, chapter 44, and any judicial proceedings relative to the information shall be held in camera.
(2) Any information that is marked confidential pursuant to subsection (b) shall not be a public record pursuant to title 10, chapter 7.
