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(a) If the Board of Building Standards and Building Appeals determines that the work area hazardous chemical list is not provided as required by Section 393.07(a), or the material safety data sheet is not provided as required by Section 393.08, the employee may, after thirty (30) days notice to the employer, refuse to work with hazardous chemicals until the information is made available.
(b) No employer shall directly or indirectly discharge, discipline, or in any manner discriminate against any employee for the reason or reasons that such person has exercised any right, made any claim or filed any suit pursuant to this chapter or has instituted, or caused to be instituted, any proceedings under this chapter, or has testified, or is about to testify in any proceedings in his or her own behalf or on the behalf of others; nor shall any remuneration, position, seniority or other benefits be lost or denied to any such employee who has exercised any right provided by this chapter.
(c) If any employee or designated representative believes that a violation of this chapter exists or that the employee’s protections, as set forth in Sections 393.07, 393.08, and 393.09, have not been provided, then the employee or designated representative may request an inspection by giving written notice to the Fire Division of such violation. Upon the request of the person giving such notice, his or her identity or that of employees referred to in the notice shall be confidential information and shall not be unnecessarily revealed or published by the Fire Division. No employer shall be charged an additional inspection fee for inspections requested under this section.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
If a statute of the State of Ohio is enacted which provides employees and the public the right to know the names of hazardous chemicals, and which states that the state intends to preempt local Right-to-Know Laws to the extent permitted, then this chapter shall automatically be repealed unless the Council of the City of Cleveland expressly determines that all or a portion of this chapter continues to be essential to the health and welfare of its citizens and therefore reenacts all or a portion of the chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
Employers employing fifty-one (51) or more employees shall be in compliance within one (1) year of passage of this chapter; employers with fifty (50) or fewer employees shall be in compliance within twenty- four (24) months of passage of this chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
The employer and Fire chief, treating physician/nurse or other health professional may use the following standard Confidentiality Agreement to protect trade secrets.
CONFIDENTIALITY AGREEMENT THIS AGREEMENT, entered into this __________ day of __________ between _______________ (hereinafter called “Employer”) and _______________ (Fire Chief of the City of Cleveland or _______________ (a physician/nurse) (hereinafter called “Trade Secret Recipient”). WITNESSETH: Whereas, in its business, Employer has developed and uses commercially valuable chemical information and formulae, which information Employer desires to hold as secret and confidential; and Whereas, Trade Secret Recipient has a right to receive the chemical identification of specific chemical components used by Employer, pursuant to Section 393.17 of the Codified Ordinances of Cleveland, Ohio, 1976; Now, therefore, in consideration of the mutual promises made herein, the parties agree as follows: 1. All disclosures to Trade Secret Recipient of the chemical identification of specific chemical components used by Employer shall be denoted as confidential information by Employer and treated as such by Trade Secret Recipient. 2. Trade Secret Recipient shall keep such confidential information in separate, personal files to which only Trade Secret Recipient has access; shall not make copies of the documents provided; shall take reasonable steps to protect the confidentiality of the specific chemical identity of the trade secret; and shall not disclose the chemical identity of the requested trade secret to any person who has not signed a confidentiality agreement with Employer, provided that if there is a need to consult about appropriate treatment, Trade Secret Recipient may disclose the chemical identity to a nonsignatory so long as neither the employer nor employee’s name is disclosed to the same consultant. 3. The trade secret information shall be used only in connection with the incident which gave rise to disclosure of the information, or with the treatment of the person(s) exposed to the chemical. 4. Trade Secret Recipient may share with nonsignatories advice as to the appropriate medical treatment of exposed employees or advice as to proper fire prevention techniques to be used, provided that the specific chemical identity is not disclosed. Such advice shall not be deemed disclosure of the trade secret information. 5. This Agreement shall remain in effect unless Trade Secret Recipient obtains Employer’s written consent to release the denoted confidential information or Employer’s written release from this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement in duplicate as of the date first written above. EMPLOYER _______________________________________________________________________________ Printed Name By: ________________________________________________________________________________ TRADE SECRET RECIPIENT ___________________________________________________________________________________ Printed Name By: ________________________________________________________________________________ |
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)
Whoever violates any provision of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) per day. For a second separate violation such person is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred and fifty dollars ($250.00) per day or imprisoned not more than thirty (30) days or both. On a third separate violation such person is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) per day or imprisoned not more than six (6) months or both. In any event, the maximum fine shall be ten thousand dollars ($10,000.00). Any fines collected from violators of this chapter shall be used only to defray costs for inspection and enforcement associated with the implementation of this chapter.
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)