Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-04 - Occupational Safety and Health Inspections, Citations, and Proposed Penalties
Section 0800-01-04-.10 - TRADE SECRETS

(1) T.C.A. § 50-3-914 provides: "All information obtained by or reported to the commissioner pursuant to any section of this chapter which contains or might reveal a trade secret or is otherwise privileged shall be considered confidential for the purpose of that Section. Such information may be disclosed to other officers or employees concerned with carrying out the provisions of this chapter or when relevant in any proceeding under this chapter". Violations of this provision shall be prosecuted under T.C.A. § 50-3-505.

(2) At the commencement of an inspection, the employer may identify areas in the establishment which contain or which might reveal a trade secret. If the compliance officer has no clear reason to question such identification, information obtained in such areas, including all negatives and prints of photographs, and environmental samples, shall be labeled "Administratively Controlled Restricted Trade Information' and shall not be disclosed except in accordance with the provisions of T.C.A. § 50-3-914.

(3) Upon the request of an employer, any authorized representative of employees under Rule 0800-01-04-.09 in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the compliance officer shall consult with a reasonable number of employees who work in that area concerning matters of safety and health.