Can we refuse to allow OSHA to take photographs in our facility to protect trade secrets?

The OSHA inspector has been given authority by 29 CFR 1903.7(b) “to take or obtain photographs related to the purpose of the investigation.” Taking photographs during the course of an inspection is a normal investigative tool used by OSHA in order to support apparent violations of standards. An employer could certainly ask that inspectors not take photographs, but if they persist and you refuse, then they have the option of attempting to obtain a warrant. If you do allow the photographs, it is usually a good idea to take similar photographs so you have a record of the event.

However, the rights of the employer concerning trade secrets are protected by 29 CFR 1903.9. At the commencement of an inspection the employer has the right to identify areas of the establishment which contain or which might reveal a trade secret. All information obtained in these areas will be labeled “confidential-trade secret” and will not be disclosed except in accordance with the provisions of Section 15 of the OSH Act.

Even though OSHA still has legal right to access areas of a facility which may contain trade secrets, they are bound by different procedures in terms of how they handle those trade secrets to keep them secret.