Current through Vol. 24-21, December 1, 2024
Section R. 408.22331 - Trade secretsRule 1331.
(1) Information reported to, or otherwise obtained by, a department representative in connection with an inspection, investigation, or proceeding under the act, which contains or which might reveal a trade secret, shall be considered confidential. Such information may be disclosed only to other department representatives concerned with carrying out the act or when relevant in any proceeding under the act. In any such proceeding, the department shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.(2) Information which contains, or which might reveal, a trade secret is not subject to public inspection and copying.(3) At the commencement of an inspection or investigation, 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 the 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 in accordance with the provisions of section 63 of the act.(4) Upon the request of an employer, any authorized representative of employees accompanying the department representative 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, the department representative shall consult with a reasonable number of employees who work in that area concerning matters of safety and health.Mich. Admin. Code R. 408.22331