The hazard communication system (HCS) regulations are covered in 29CFR1910.1200. Subsection (i) covers the tricky issue of trade secrets. Trade secrets are generally protected. That is, the manufacturer (or importer) doesn’t have to disclose them to you. But to gain that right, the other party must satisfy the four specific requirements listed in 29CFR1910.1200(i)(1)(i) through (iv).
The very first such requirement is the claim that it’s a trade secret isn’t valid simply by assertion. It must be “supported.” OSHA doesn’t say what “supported” means, but we can apply common sense and understand there must be something real to back up the claim.
It is dangerous for a company to play games with this idea, so if push comes to shove and you want the information from them, you should not have to push very hard to get it. But you probably won’t need to break the trade secret seal. That’s because the other three requirements put the properties and effects of the chemical in the safety data sheet and require a couple other disclosures.
The health and safety of employees comes first in the OSHA world (which should be the same in your company), so OSHA gives emergency powers to a treating doctor or nurse who needs the specific chemical composition to be disclosed to them. The holder of the trade secret can require a signed confidentiality agreement per 29CFR1910.1200(i)(2). But what if it’s not an emergency? Then the medical professional (which could be a doctor, nurse, industrial hygienist, toxicologist, etc.) has to submit a written request that meets one of the seven requirements of 29CFR1910.1200(i)(3)(ii)(A) through (G) plus the additional requirements that basically make them say why they need it.
The rest of this subsection addresses various problems that may arise with the trade secret issue. The main thing you need to know is that while a trade secret has value and deserves protection, OSHA puts the value of your employees above that while trying to balance the rights of all concerned. If you or a medical professional get stonewalled with “trade secret” as an excuse for not helping your employee(s), there are remedies. But also note that if you do not pursue those remedies — and that’s to the detriment of your employees — you will run afoul of OSHA.
