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 71-1105 - Internal Security Measures

A. All trade secret material other than samples submitted for laboratory analysis which are prepared or obtained by or for representatives of the Department of Labor shall be marked as such, catalogued and filed in a secure place separate from regular, non-secret files and documents.

B. All trade secret material other than samples submitted for laboratory analysis shall be stored in a secured storage facility. A secured storage facility shall consist of a locked safe or vault on the premises of the Department of Labor.

C. No one shall be allowed access to trade secret material other than samples submitted for laboratory analysis unless it has been determined by the Commissioner of Labor (or his designee) that the individual in question has a specific need to know the contents of the particular file. A log shall be maintained which records the identify of each person having access to a particular file (substance, record, sample or portion thereof, etc.) containing trade secret material stored in the secured storage facility, as well as the date, time, and reason for such access. A submitter shall have access to this log upon request. In all situations in which all or part of a physical material (sample) is either partially or totally expended or destroyed in an analysis process, the agency shall maintain accurate records explaining these circumstances and accounting for the expended material. A submitter may have access to records upon request.

D. Any materials removed from the secured storage facility for inspection or use by Department of Labor representatives shall be inspected or used on the premises and promptly returned to the secured storage facility. Trade secrets are not to be taken from the premises unless necessary for laboratory work, use in an enforcement proceeding or for returning them to the submitter. In no event are materials other than samples submitted for laboratory analysis to be taken away from the secured storage facility overnight unless other equally secured facilities are available elsewhere. Trade secret materials will be maintained at all times within the custody of representatives of the South Carolina Department of Labor.

E. Materials in transit shall not be left unattended by any representative of the Department of Labor in any vehicle, public conveyance, restaurant, hotel or any other place other than a secured storage facility.

F. Samples submitted for laboratory analysis shall not be identified by the employer's name or facility. Any laboratory providing analysis for said samples shall be required to account for all quantities expended or destroyed in the analysis process and shall also be required to return to the Department of Labor any sample materials not destroyed. All reports submitted to Department of Labor by any laboratory following any analysis procedure and containing trade secrets materials shall be marked as such and safeguarded according to paragraphs A-E of this regulation.