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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

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376.6. Confidential Evidence.

(a) Any exhibit which contains or which might reveal a trade secret referred to in Section 1905 of Title 18 of the United States Code, information that is confidential pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, or photographs taken by the Division during the course of any inspection or investigation, shall be considered confidential.

(b) The Appeals Board shall issue such orders as may be appropriate to protect the confidentiality of trade secrets or other such confidential information.

(c) If testimony is taken which would reveal the substance of trade secrets or other such confidential information, the Appeals Board may exclude from the hearing room any person or witness; but a party to the proceeding, the party's representative, and the inspector or investigator for the Division and the Division's representative shall not be excluded.

NOTE: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6314(a) and 6322, Labor Code.


1. Change without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

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