Section R20-5-616. Trade Secrets

A.      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 Compliance Safety and Health Officer has no clear reason to question such identifica- tion, information obtained in such areas, including all nega- tives and prints of photographs, environmental samples, shall

be labeled “confidential-trade secret” and shall not be dis- closed except in accordance with provisions of A.R.S. § 23- 426.

B.       Upon the request of an employer, any authorized representa- tive of employees under rule R20-5-615 in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, a Compliance Safety and Health officer shall consult with a reasonable number of employees who work in that area concerning matters of safety and health.

Historical Note

Adopted effective March 2, 1976 (Supp. 76-2). Repealed as an emergency effective November 16, 1977, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77-6). Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-616 repealed, for- mer Section R4-13-615 adopted as an emergency effec- tive October 29, 1980, renumbered and adopted as Section R4-13-616 effective March 2, 1981 (Supp. 81-2).

R20-5-616 recodified from R4-13-616 (Supp. 95-1).