South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 11 - RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING SOUTH CAROLINA DEPARTMENT OF LABOR, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH DISCLOSURE POLICY AND CONFIDENTIALITY OF TRADE SECRETS
Section 71-1101 - Definitions
Current through Register Vol. 48, No. 9, September 27, 2024
A. "Sensitive Material"--Sensitive material shall include witness identity, witness statements, complainant identity, financial statements of employers, accident and injury records maintained by the employer (excluding medical and exposure records), consultation reports, discrimination files, correspondence and work product of legal counsel, and other information as deemed "sensitive" by the Commissioner of Labor.
B. "Trade Secret"--Trade secret shall be defined as an unpatented, secret, commercially valuable plan, appliance, formula, or process which is used in the making, preparing, compounding, treating or processing of articles or materials which are trade commodities and which is generally recognized as confidential by the employer.
C. "Trade Secret Material"--Trade secret material shall include records, plans, descriptions, diagrams, photographs, formula, physical samples, recordings or other physical manifestation by which the identity of a trade secret may be transmitted from one person to another. For the purposes of this regulation, trade secret materials specifically include, but are not limited to, inspection notes and diagrams, samples, preliminary and final investigatory documents, laboratory analysis (including, but not limited to, chromatograms and spectrograms) and other working papers constituting work product of SC/OSH inspection and enforcement officials which contain information which could reveal the existence or nature of a trade secret.
D. "Submitter"--A submitter shall be defined as any person from whom trade secret material is obtained, either voluntarily or involuntarily, regardless of whether or not said person owns the trade secret or is using it under license.
