Trade Secrets
The chemical manufacturer, importer, or employer may withhold the specific chemical identity, including the chemical name, other specific identification of a hazardous chemical, and/or the exact percentage (concentration) or concentration range of the substance in a mixture, from section 3 of the safety data sheet.
Where a treating Physician or Other Licensed Health Care Professional (PLHCP) determines that a medical emergency exists and the specific chemical identity and/or specific concentration or concentration range of a hazardous chemical is necessary for emergency or first-aid treatment, the chemical manufacturer, importer, or employer must immediately disclose the specific chemical identity or percentage composition of a trade secret chemical to that treating PLHCP, regardless of the existence of a written statement of need or a confidentiality agreement.
The chemical manufacturer, importer, or employer may require a written statement of need and confidentiality agreement as soon as circumstances permit.
In non-emergency situations, a chemical manufacturer, importer, or employer shall, upon request, disclose a specific chemical identity or exact concentration or concentration range, otherwise permitted to be withheld, to a health professional (e.g., PLHCP, industrial hygienist, toxicologist, or epidemiologist) providing medical or other occupational health services to exposed employee(s), and to employees or designated representatives.
After July 19, 2024, you can review more information on trade secrets in OSHA regulation 1910.1200(i)(1) through (3).
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4-10. What must the employer do if the PLHCP determines an emergency exists and requires trade secret information?
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