Statutes, codes, and regulations
South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABORArticle 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 71-1108 - Return Of Trade Secret Material To Submitter

S.C. Code Regs. § § 71-1108

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Current through Register Vol. 48, 12, December 27, 2024
Section 71-1108 - Return Of Trade Secret Material To Submitter
A. In the event that an inspection does not result in the issuance of a citation, the Department of Labor shall return all trade secret materials to the submitter as soon as allowable under federal regulations, but not later than 12 months after the inspection.
B. In the event that an inspection does result in a citation, the Department of Labor shall return all trade secret materials not relevant to the specific citation, as soon as possible under federal regulations, but in no event later than 12 months after the inspection. Any trade secret materials retained by the Department of Labor for use in a contested proceeding shall be returned to the submitter upon final termination of the proceeding and any mandatory federal review of same.
C. No trade secret material shall be returned to the submitter pursuant to paragraph A or B above unless the submitter agrees, in writing, to preserve the Department of Labor's records intact and provide future access to them on request by the Department of Labor. Such files shall be indexed by the Department of Labor to enable it to determine what material was returned to the submitter without revealing the nature of the trade secret contained in the file.
D. The Department of Labor shall not be required to return to the submitter trade secret material contained in the Department's work product. Work product of the Department of Labor containing trade secret material shall be destroyed, given to the submitter or retained in the secured storage facility. An appropriate entry shall be made on the access log maintained by the Department of Labor.
E. When trade secret materials are returned to the submitter under this section, an explanation will be provided for all samples or part(s) of a sample destroyed by analysis. Upon request the submitter shall be provided with a copy of the access log maintained by the Department of Labor.

S.C. Code Regs. § 71-1108