Lawriter - OAC - 3750-60-10 Methods of selecting a generic class or category.

3750-60-10 Methods of selecting a generic class or category.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3750-1-01 of the Administrative Code titled"Incorporation by reference."]

(A) A claimant asserting a chemical identity as trade secret should choose a generic class or category for the chemical that is structurally descriptive of the chemical and based upon the following guidelines:

(1) The purpose of the generic class or category is to provide a description of the chemical that is not as specific as the specific chemical identity.

(2) The generic class or category should provide the best description possible of the claimed chemical as determined by the claimant.

(3) The generic class or category shall be defined only as broadly as necessary to protect the specific chemical identity from disclosure and sufficient to transmit chemical information to the public.

(4) The generic class or category shall be selected to include information regarding the specific chemical identity's release hazards and adverse health effects.

(B) Based upon the guidelines contained in paragraphs (A)(1) to (A)(4) of this rule, the claimant may select from the following categories as identified under 29 CFR Part 1910.1200:

(1) Acute (immediate) health hazard;

(2) Chronic (delayed) health hazard;

(3) Fire hazard;

(4) Reactive hazard; or

(5) Sudden release of pressure hazard.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(i), 3750.02(B)(2)(d), 3750(B)(5), and 3750.02(B)(14)
Rule Amplifies: 3750.09
Prior Effective Dates: 6/30/93