Or. Admin. R. 837-085-0140

Current through Register Vol. 63, No. 9, September 1, 2024

Section 837-085-0140 - Trade Secrets - General

(1) A covered employer, owner or operator may request to withhold the specific chemical identity, including the chemical name and other specific identification of a reportable substance, from the Hazardous Substance Information Survey provided that:

(a) The claim that the information withheld is a trade secret can be supported with the burden of proof placed on the covered employer, owner or operator;

(b) The information required by the State Fire Marshal concerning the properties and effects of reportable substances are disclosed; and

(c) The specific chemical identity is made available to health professionals in accordance with OAR 837-085-0170(1) and (2).

(2) Any claim of trade secret by a covered employer, owner or operator must be made in conjunction with submitting a Hazardous Substance Report to the State Fire Marshal.

(3) A claim of trade secret by a covered employer, owner or operator may be recognized by the State Fire Marshal as sufficient if the claim is substantiated by the Occupational Safety and Health Division of the Department of Consumer and Business Services or the U.S. Environmental Protection Agency.

Or. Admin. R. 837-085-0140

FM 1-1994, f. & cert. ef. 1-14-94; OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02; OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10; OSFM 1-2019, amend filed 01/02/2019, effective 1/2/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 453.327 - 453.337