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The Law Director or his or her designate may institute appropriate legal action, either civil or criminal, as authorized in this section, or as may be otherwise available and appropriate either at law or in equity, which action, in the judgment of the Director or his or her designate, is necessary for the enforcement of any order issued pursuant to this chapter or for the abatement of any nuisance or hazard against which such order was directed. All such suits or proceedings shall be brought in the name of the City, and no such suits or proceedings shall be held to exclude any criminal or penal remedies which may be authorized by this chapter or by any law or ordinance in force or effect in the City, or to exempt any violator of this chapter or such other law or ordinance from any penalty as may be prescribed. This section shall not be construed to eliminate, abridge or detract from any remedies, either at law or in equity, which any employee or other individual may have arising out of any breach or violation of any of the provisions of this chapter.
(Ord. 85-50. Passed 9-16-85.)
(a) Any employer may withhold a specific chemical name if:
(1) The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret.
(2) Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemicals is disclosed.
(3) The claim that the information withheld is a trade secret can be supported.
(4) The specific chemical identity is made available in accordance with subsections (f) and (i) hereof.
(5) The chemical is not a designated carcinogen on the list identified in Section 632.05(a)(4) and (5).
(b) Where the employer refuses, upon written request, to disclose the specific chemical identity pursuant to subsection (a) hereof, excluding those requests made pursuant to subsections (f) and (i) hereof, the denial must:
(1) Be provided to the requesting party within thirty days;
(2) Be in writing;
(3) State the specific reasons why the request is being denied; and
(4) Explain, in detail, how alternative information may satisfy the specified medical occupational health need without revealing the specific identity.
(c) Where a request for the specific chemical identity for any hazardous chemical has been denied pursuant to subsection (b) hereof, the employer must provide to the Director of Public Safety within thirty days of the request:
(1) A copy of the written request;
(2) A copy of the written denial pursuant to subsection (b) hereof; and
(3) Evidence to support the claim that the specific chemical identity is a trade secret.
(d) Within sixty days of receipt of the denial pursuant to subsection (c) hereof, the Director of Public Safety or his or her designate, with the advice of the Director of Law or his or her designate, shall consider the evidence to determine if the employer has supported the claim that the specific chemical identity is a trade secret pursuant to subsection (a) hereof.
(e) If the Director of Public Safety or his or her designate determines that the specific chemical identity requested under subsection (a) hereof is not to be regarded as a bona fide trade secret, the employer will be subject to the penalty provided in this section if the employer does not comply within ten days of receipt of the decision of the Director.
(f) No employer shall refuse to disclose to Fire Division personnel or medical personnel, where the employer knows that an emergency or accident has occurred that requires response or treatment by Fire Division personnel, County Health Department personnel or medical personnel, the specific chemical identity of any hazardous chemicals to which such personnel are likely to be exposed or the identity of which chemicals such personnel deem necessary to know in order to render treatment to the person exposed, without regard to trade secrecy claims and without regard to the existence of a written statement of need or confidentiality agreement. The employer may require a written request and confidentiality agreement in accordance with subsection (n) hereof as soon as circumstances permit.
(g) No person shall knowingly claim that an accident or emergency exists where such is not the case for purposes of subsection (f) hereof.
(h) Where a request for the specific chemical identity of any hazardous chemical made pursuant to subsection (f) hereof is denied, the employer shall be subject to immediate citation pursuant to subsection (r) hereof.
(i) No employer shall, upon written request, refuse to disclose the specific chemical identity otherwise permitted to be withheld under subsection (a) hereof to any employee whom the employer knows to be an employee regularly exposed to such substance. The employer may require a confidentiality agreement in accordance with subsection (n) hereof.
(j) Where the employer refuses to disclose the specific chemical identity of any hazardous chemical to a requesting employee pursuant to subsection (i) hereof, the denial must:
(1) Be provided to the requesting employee within thirty days;
(2) Be in writing; and
(3) State the specific reasons why the request is being denied.
(k) Where a request for the specific chemical identity of any hazardous chemical has been denied pursuant to subsection (j) hereof, the employer must provide to the Director, within thirty days of receipt of the request:
(1) A copy of the written request pursuant to subsection (i) hereof;
(2) A copy of the written denial pursuant to subsection (j) hereof; and
(3) A copy of the confidentiality agreement, if any, executed by the requesting employee pursuant to subsections (i) and (n) hereof. The employer may delete the specific chemical name from such copy.
(l) Within sixty days of receipt of the notice of denial pursuant to subsection (k) hereof, the Director of Public Safety or his or her designate, with the advice of the Director of Law or his or her designate, shall consider the evidence to determine if:
(1) The requesting employee has made a written request to the employer for the specific chemical identity.
(2) The requesting employee is an employee regularly exposed to such substance.
(3) The requesting employee has executed a confidentiality agreement pursuant to subsections (i) and (n) hereof.
(m) If, after consideration of the evidence pursuant to subsection (l) hereof, the Director of Public Safety or his or her designate determines that the specific chemical identity shall be disclosed, the employer will be subject to citation under subsection (r) hereof if the employer does not comply within ten days of receipt of the decision of the Director.
(n) The confidentiality agreement provided for in subsections (f) and (i) hereof and which may be required by the employer from other requesting parties:
(1) May restrict use of the information to health and treatment purposes consistent with the preservation of the trade secret information;
(2) May provide appropriate legal remedies in the event of a breach of the agreement, but shall not stipulate a reasonable pre-estimate of likely damages; and
(3) May not include requirements for the posting of a penalty bond.
(o) Nothing in this section shall be construed as requiring the disclosure, under any circumstances, of the process or percentage of mixture information which is a trade secret.
(p) Nothing in this section is meant to preclude the parties from pursuing noncontractual remedies to the extent permitted by law.
(q) No officer, employee, agent or contractor of any City department, board or commission shall knowingly and intentionally disclose to any person in any manner, unless authorized by the employer claiming the data to be trade secret information, or by a court of law, any trade secret information, except as is required to administer or enforce this chapter and to perform official duties. Any person who violates this provision shall be suspended and/or removed from office or employment in the manner provided in the City Charter, in addition to any other applicable proceedings and penalties provided for under existing law for violation of trade secrets, and in addition to the penalty provided in subsection (r) hereof.
(r) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 85-50. Passed 9-16-85.)
(a) Subject to trade secret provisions, employers and their designated representatives may request, and the employer shall provide, information relating to hazardous chemicals, which information the employer is required to maintain and release pursuant to this chapter.
(b) No employer shall discharge or cause to be discharged or otherwise disciplined, or in any manner discriminate against, any employee for the reason that such person has exercised any right, made any claim or filed any complaint or suit pursuant to this chapter.
(c) Any employee or designated representative who believes that a violation of any of the provisions of this chapter exists may request an inspection by giving written notice to the officer designated by the Director of Public Safety to receive such requests. Upon the request of the person giving such notice, his or her identity and that of employees referred to in the notice shall, to the extent permitted by State law, be confidential information and shall not be revealed or published.
(d) Any employee who has been discharged, disciplined or otherwise discriminated against by any employer in violation of this chapter may, within one year after the violation occurs, or within one year after the employee first obtains knowledge that a violation has occurred, commence an action in any appropriate court of law.
(e) A designated representative, if any, may accompany the County Health Department to participate in any inspection which results from an employee complaint.
(f) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. (Ord. 85-50. Passed 9-16-85.)
If the General Assembly of the State enacts legislation providing for employer notification of the manufacture, use or storage of hazardous or toxic substances in the work place, this chapter shall continue in effect only if Council expressly determined within ninety days of the enactment of the State law, that this chapter continues to be essential to the health and welfare of the City and re-enacts this chapter in whole or in pertinent part.
(Ord. 85-50. Passed 9-16-85.)
Employers employing fifty-one or more employees shall be in compliance with this chapter within one year of the passage date of this chapter (Ordinance 85-50, passed September 16, 1985). Employers with fifty or fewer employees shall be in compliance with this chapter within eighteen months of such passage date.
(Ord. 85-50. Passed 9-16-85.)
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health provision of the City existing on the effective date of this chapter (Ordinance 85-50, passed September 16, 1985), the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
(Ord. 85-50. Passed 9-16-85.)
(a) The Vermilion Fire Chief is hereby designated as the Emergency Hazardous Material Manager.
(b) It shall henceforth be the practice and policy of the City of Vermilion, when an emergency action is required to protect the public health or safety or the environment, to charge any person responsible for causing or allowing an unauthorized spill, release, or discharge of material into or upon the environment for the necessary and reasonable, additional or extraordinary costs the City incurs in investigating, mitigating, minimizing, removing or abating the spill, release or discharge in the course of an emergency action, provided that the criteria and methods prescribed under 40 C.F.R. 300, as amended, are utilized and adhered to.
(c) The City hereby adopts the cost recovery plan and training procedures adopted by the Lorain County Emergency Management Agency and declares its intention to implement the same.
(Ord. 89-13. Passed 3-6-89.)