053-3 Wyo. Code R. § 3-7

Current through April 27, 2019
Section 3-7 - Trade Secrets

(a) All information reported to or otherwise obtained by the Department or its representative in connection with any inspection or proceeding under the Act which contains or which might reveal a trade secret shall be considered confidential for the purpose of this section, except that such information may be disclosed to other officers or employees concerned with carrying out the Act or when relevant in any proceeding under the Act. In any such proceeding the OSHA Deputy Administrator or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

(b) No Department representative shall publish, divulge, disclose or make known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with such Department representative thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association, or permit any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any individual except as provided by law.

(c) 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 Department representative 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 "confidential-trade secret" and shall not be disclosed except as provided by law.

(d) Upon the request of an employer, any authorized representative selected to accompany the Department representative during an inspection in an area containing trade secrets shall be an employee whose normal duty requires that he be in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the Department representative shall consult in private with a reasonable number of employees who work in that area to determine conditions pertaining to health and safety.

053-3 Wyo. Code R. § 3-7

Amended, Eff. 5/16/2017.

Amended, Eff. 12/12/2017.

Amended, Eff. 5/1/2018.