Trade secrets - hdbk11010163

DOE-HDBK-1101-96

(5)

Employers shall retain the two (2) most recent compliance audit reports.

(p) Trade secrets.

(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) of this section), those assisting in the development of the process hazard

analysis (required by paragraph (e) of this section), those responsible for developing the

operating procedures (required by paragraph (f) of this section), and those involved in

incident investigations (required by paragraph (m) of this section), emergency planning and

response (paragraph (n) of this section) and compliance audits (paragraph (o) of this

section) 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.

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