Trade Secrects

DOE-HDBK-1101-96

2.14 Trade Secrets

29 CFR 1910.119 (p)

(1)

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.

(2)

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.

(3)

Subject to the Rules and procedures set forth in 29 CFR 1910.1200(i)(1) through 1910.1200(i)(12), employ-

ees 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.

Intent

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 recom-

mended to ensure that personnel having access to trade secrets do not disclose that information.

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

[91]. Security conflicts should be rare, because workers who support such processes have the

appropriate security clearances and access to the information necessary to support process safety.

Documentation Requirements

None.

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 equiva-

lent level of protection.

Questions

What does access to trade secret information contained within PrHA and other documents

91.

mean? Must PrHA team members have access to all confidential information concerning

a covered process?

113