Abstract:
Modification of the trade secret definition and the trade secret
access provisions of the Hazard Communication Standard (HCS),
1910.1200. This final rule implements the U.S. Court of Appeals for
the Third Circuit decision by adopting a trade secret definition
that does not protect chemical identity information that is readily
discoverable through reverse engineering and by adopting provisions
that permit employees and their designated representatives access to
trade secrets. Occupational health nurses are permitted access to
trade secrets. A new Appendix D is promulgated that ensures that the
trade secret definition is interpreted and applied in accordance
with state law and the public is fully apprised of the factors and
principles considered when determining whether business information
is trade secret. The final rule is effective on September 30, 1986.
The nurses' access provisions are applicable October 30, 1986.