2.14 Trade Secrets
29 CFR 1910.119 (p)
Employers shall make all information necessary to comply with the section available to those persons
responsible for compiling the process safety information (required by paragraph (d)), those assisting in the
development of the process hazard analysis (required by paragraph (e)), those responsible for developing the
operating procedures (required by paragraph (f)), and those involved in incident investigations (required by
paragraph (m)), emergency planning and response (paragraph (n)) and compliance audits (paragraph (o))
without regard to possible trade secret status of such information.
Nothing in this paragraph shall preclude the employer from requiring the persons to whom the information is
made available under paragraph (p)(1) of this section to enter into confidentiality agreements not to disclose the
information as set forth in 29 CFR 1910.1200.
Subject to the Rules and procedures set forth in 29 CFR 1910.1200(i)(1) through 1910.1200(i)(12), employees
and their designated representatives shall have access to trade secret information contained within the
process hazard analysis and other documents required to be developed by this standard.
Trade secrets are addressed to ensure that necessary information is available to identify hazards
and protect workers. Few trade secrets are expected in information required for DOE contractors
to support the PSM Rule. When necessary, confidentiality or nondisclosure agreements are
recommended to ensure that personnel having access to trade secrets do not disclose that
Corresponding DOE Programs and Requirements
For DOE contractors, classified information is the equivalent to trade secrets. All affected
workers in classified areas should have access to PSI and PrHAs for processes covered by the
PSM Rule . Security conflicts should be rare, because workers who support such processes
have the appropriate security clearances and access to the information necessary to support
Minimum Implementation Criteria
Information covered by trade secrets must be available to support development of PSI, PrHA,
operating procedures, and incident investigations.
Process workers must have appropriate clearances and access to classified PSI. For situations
involving National Security interests, DOE contractors must develop methods to provide an
equivalent level of protection.
What does access to trade secret information contained within PrHA and other
documents mean? Must PrHA team members have access to all confidential
information concerning a covered process?