Top » If my chemical product is valid as a trade secret what information must I disclose on an OSHA MSDS?

Published by Jeff Burns on 13.10.2009 in and previewed 61 times


The OSHA Hazard Communication Standard (HCS), 29 CFR 1910.1200 states in Appendix D the definition of a "trade secret", which is as follows:

"A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers."

If the "trade secret" status, as requested by a chemical manufacturer, importer, or employer, is approved by the Occupational Safety and Health Administration (OSHA) then the complete chemical identification is not required to be fully disclosed on an OSHA MSDS.

Furthermore since the chemical manufacturer, importer, or employer of this "trade secret" product does not want anyone else to know specific information about the chemical, it becomes proprietary information in nature as listed on the OSHA MSDS.

The Occupational Safety and Health Administration do however have certain laws in regards to information that must be disclosed on an OSHA MSDS when the chemical product in question is a "trade secret". Section (i) of the OSHA Hazard Communication Standard (HCS), 29 CFR 1910.1200 states the following in regards to disclosure of information for "trade secret" products:

(1) The chemical manufacturer, importer, or employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the OSHA MSDS, provided that:

i. The claim that the information withheld is a trade secret can be supported

ii. Information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed

iii. The material safety data sheet indicates that the specific chemical identity is being withheld as a trade secret

iv. The specific chemical identity is made available to health professionals, employees, and designated representatives in accordance with the applicable provisions

About Author

Jeff Burns writes for Nexreg Compliance Inc., a company that provides OSHA MSDS authoring and MSDS services.

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