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

Current through Register Vol. 48, No. 6, June 28, 2024
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.