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Trade secrets
  • When releasing records, employers may delete information that would expose trade secrets, but must state that such deletions have been made. If the deletion impairs the evaluation of an employee exposure, employers must provide alternative information as needed to protect employee health.

The Occupational Safety and Health Administration (OSHA) allows employers to delete trade secrets that disclose manufacturing processes or the percentage of a chemical substance in a mixture, but employers must state when such deletions are made. When deletion impairs the evaluation of where or when exposure occurs, employers must provide sufficient alternative information needed to protect employee health.

Where it is necessary to protect employee health, employers may be required to release trade secret information but condition access on a written agreement not to abuse the trade secret or to disclose the chemical’s identity.