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 71-1106 - Release Of Trade Secret Material

A. Trade secret material or information concerning the identity or nature of a trade secret shall not be divulged by any representative of the Department of Labor in any manner of fashion whatever to anyone other than another permanent employee of the Department of Labor actively engaged in an inspection or enforcement proceeding involving the submitter which resulted in the acquisition of the trade secret material by the Department of Labor.

B. It is the policy of the Department of Labor to fully assert the exemption to the Freedom of Information Act contained in Section 30-4-40(a)(1) of the South Carolina Code (1976) with respect to designated trade secret material. Based on this policy trade secret material shall not be divulged by the Department of Labor pursuant to a Freedom of Information Act or other request without court order or subpoena.

C. In the event a Freedom of Information Act or other request is made for trade secret material, a copy of both the request itself and the letter from the Department of Labor denying it shall be mailed to the submitter of the trade secret material by registered mail within 10 days of receipt of the request.

D. In the event that a suit is filed against the Department of Labor under the Freedom of Information Act to obtain trade secret material, the submitter of said information shall be notified of the suit within 10 days after the service of the complaint upon the Department of Labor. The Department of Labor shall call upon the submitter of the trade secret material to furnish assistance and shall not oppose a motion by the submitter to intervene as a party to the suit.

E. Where the Department of Labor is served with any subpoena for records or material containing designated trade secrets, the Department will make reasonable efforts to contact the submitter by telephone and by letter. The Department of Labor will make a motion for a protective order in any such case. The Department of Labor Shall call upon the submitter of the trade secret material to furnish assistance and shall not oppose a motion by the submitter to intervene as a party to the suit.