§ 100.14. Trade secrets.
A.
Any employer may withhold the specific chemical name if:
1.
The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret;
2.
Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemicals is disclosed;
3.
The claim that the information withheld is a trade secret can be supported;
4.
The specific chemical identity is made available in accordance with the applicable provisions of subsections F and I of this section; and
5.
It is not a designated carcinogen on the list identified in § 100.05(A) (4) and (A)(5).
B.
Where the employer refuses, upon written request, to disclose the specific chemical identity pursuant to subsection A of this section and excluding those requests made pursuant to subsections F and I of this section, the denial must:
1.
Be provided to the requesting party within thirty days;
2.
Be in writing;
3.
State the specific reasons why the request is being denied; and
4.
Explain in detail how alternative information may satisfy the specified medical occupational health need without revealing the specific identity.
C.
Where a request for the specific chemical identity for any hazardous chemical has been denied pursuant to subsection B of this section, the employer must provide to the Director of Health within thirty days of the request:
1.
A copy of the written request;
2.
A copy of the written denial pursuant to subsection B of this section;
3.
Evidence to support the claim that the specific chemical identity is a trade secret.
D.
Within sixty days of receipt of the denial pursuant to subsection C of this section, the Director of Health or his or her designee, with the advice of the Director of Law or his or her designee, shall consider the evidence to determine if the employer has supported the claim that the specific chemical identity is a trade secret pursuant to subsection A of this section.
E.
If the Director of Health or his or her designee, determines that the specific chemical identity requested under subsection A of this section is not to be regarded as a bona fide trade secret, the employer will be subject to citation under § 100.99 of this chapter if the employer does not comply within ten days of receipt of the decision of the Director of Health.
F.
No employer shall refuse to disclose to Fire Division personnel or medical personnel, where the employer knows that an emergency or accident has occurred that requires response or treatment by Fire or Health Division personnel or medical personnel, the specific chemical identity of any hazardous chemicals to which such personnel are likely to be exposed or the identity of which such personnel deem necessary in order to render treatment to the person exposed, without regard to trade secrecy claimed and regardless of the existence of a written statement of need or confidentiality agreement. The employer may require a written request and confidentiality agreement in accordance with the provisions of subsection N of this section as soon as circumstances permit.
G.
No person shall knowingly claim an accident or emergency exists where such is not the case for purposes of subsection F of this section.
H.
Where a request for the specific chemical identity of any hazardous chemical made pursuant to subsection F of this section is denied, the employer shall be subject to immediate citation pursuant to § 100.99.
I.
The confidentiality agreement provided for in subsection F of this section and which may be required by the employer from other requesting parties:
1.
May restrict use of the information to health and treatment purposes consistent with the preservation of the trade secret information;
2.
May provide appropriate legal remedies in the event of a breach of the agreement but not stipulation of a reasonable pre-estimate of likely damages; and
3.
May not include requirements for the posting of a penalty bond.
J.
Nothing in this section shall be construed as requiring the disclosure, under any circumstances, of the process or percentage of mixture information which is a trade secret.
K.
Nothing in this section is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.
L.
No officer, employee, agent, or contractor of any City department, board, or commission shall knowingly and intentionally disclose to anyone in any manner, unless authorized by the employer claiming the data to be trade secret information, or by a court of law, any trade secret information, except as is required to administer or enforce the provisions of this chapter and perform official duties. Any person who violates this provision shall be suspended and/or removed from office or employment in the manner provided under the provisions of the City Charter, in addition to any other applicable proceedings and penalties for violation of trade secret provisions provided for under existing law. Penalty, see § 100.99.
(Ord. 856-1990; Ord. 771-1984)