Hazard Communication trade secrets

On March 19,1982, a new proposed standard entitled Hazard Communication, was published by OSHA in the Federal Register. It differs from the Hazard Identification standard in that it emphasizes Conununication rather then Identification. It is more performance oriented and less specific. The coverage is more limited and the evaluation less extensive. It allows for trade secrets and provides for performance-oriented education and training. In this standard only chemical manufacturers evaluate the hazards whereas in the earlier proposal all employers were required to evaluate hazards. 

Trade Secrets. Requirements exist that are similar to trade secret provisions of the 1910.1200 Hazard Communication standard requiring information required by the PSM standard to be available to employees (and employees representatives). Employers may enter into confidentiality agreements with employees to prevent disclosure of trade secrets. 

Many chemical components of hydraulic fracturing fluids used by fracking service companies are listed on the Material Safety Data Sheets (MSDSs) as "proprietary" or "trade secret." OSHA s 29 CFR 1910.1200 (Hazard Communication Standard) section (i) states ... 

Trade secrets are protected under the Hazard Communication standard. The standard allows the chemical manufecturer, importer, or employer to withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from the MSDS under certain conditions. However, the manufacturer, importer, or employer must alert employees to any potential hazards. 

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