§ 1247-31. Trade Secrets.

This chapter shall not be construed as limiting any rights, obligations or remedies regarding trade secrets existing under applicable law, except as is necessary to achieve the objectives of this chapter and as expressly provided below.

(A)

An employer may withhold the chemical name of a toxic or hazardous substance from the label required by Section CFPC 1247-9 and the material safety data sheet required by Section CFPC 1247-15(a) provided that:

(1)

The employer can establish that the substance is a trade secret by showing that it:

(a)

Is a catalyst unknown to competitors or other intermediate unknown to competitors; or

(b)

Cannot be practically and lawfully discovered by analytical techniques, laboratory procedures or other means available to any potential competitor;

(2)

The employer can establish that the substance is not a suspected or recognized carcinogen, mutagen, teratogen, or cause of significant irreversible damage to human organs or body systems, as demonstrated through human, animal and other experimental media;

(3)

The toxic or hazardous substance is identified by a generic chemical classification that would provide sufficient information upon which a health professional could render recommendations for adequate safeguards to prevent toxic or hazardous exposure to the substance;

(4)

All other information on the properties and effects of the substance required by Section CFPC 1247-9(A)(2) and Section CFPC 1247-5 is provided;

(5)

The material safety data sheet indicates which category of information is being withheld on trade secret grounds;

(6)

The material safety data sheet for the specific substance or substance in question is posted in the work area where the substance is used, manufactured, or stored; and

(7)

The withheld information is provided on a confidential basis to a treating physician who states in writing, except in an emergency situation, that a patient's health problems may be related to exposure to a toxic or hazardous substance. A statement to this effect with the name and phone number of the person or persons authorized, on a 24-hour-a-day basis, to disclose the withheld information shall be included on the material safety data sheet.

(B)

An employer must provide the chemical name and location of all toxic or hazardous substances, notwithstanding status as a trade secret as provided in (a), to the fire chief as provided in Sections CFPC 1247-15(A) and CFPC 1247-17. The employer shall designate what information is considered trade secret information to be protected as such by the fire division pursuant to the provisions of Section CFPC 1247-17 and CFPC 1247-19(E). The employer shall also file a statement with the fire chief, when designating that a certain toxic or hazardous substance is trade secret or that its location would reveal trade secret information, that the conditions of (A)(1) - (7) are satisfied.

(C)

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 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 may be fined, suspended or removed from office or employment in the manner provided under other provisions of the Cincinnati Municipal Code, in addition to any other applicable proceedings and penalties for violation of trade secret protections provided for under existing law.

(D)

To the extent that disclosure of the chemical name or location of toxic or hazardous substances constitutes disclosure of trade secret information, the employer may condition access to such information upon acceptance of a reasonable confidentially agreement by the person or persons requesting or receiving the trade secret information. The agreement may restrict the use of the information to safety and health purposes, prohibit of disclosure of the information to anyone other than a treating health professional without the prior notification of the employer, and provide for compensation or other legally appropriate relief for any competitive harm which results from a breach of the agreement.

(E)

Notwithstanding any other provision of this chapter, the fire chief, or his designated representative, is authorized to disclose trade secret information as designated by an employer when such action is necessary to properly protect health, safety or property in an emergency situation.

(Ordained by Ord. No. 210-1982, eff. July 3, 1982; repealed and reordained by Ord. No. 385-1984, eff. Sept. 6, 1984)