R 408.22331 Trade secrets.

Rule 2331. (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 a proceeding under the act, the department shall issue orders as may be appropriate to protect the confidentiality of trade secrets. (2) Information that contains, or that 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 that contain, or that 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, must be labeled "confidential-trade secret" and must not be disclosed except in accordance with the provisions of section 63 of the act, MCL 408.1063. (4) On the request of an employer, an authorized representative of employees accompanying the department representative in an area containing trade secrets must 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.