Trade Secrets - doe-hdbk-1101-20040129

DOE-HDBK-1101-2004

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), 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.

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

recommended 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

equivalent level of protection.

Questions

91.

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?

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