Trade Secrets on the SDS: What OSHA's HazCom CBI Rules Let You Withhold (1910.1200(i) + Appendix D)

OSHA's Hazard Communication Standard lets a chemical manufacturer withhold the specific chemical identity — including the exact percentage of composition — of a hazardous ingredient on a Safety Data Sheet if that information qualifies as a trade secret. The authority is 29 CFR 1910.1200(i), and the SDS content requirements live in Appendix D. But the carve-out is narrow: you may hide the identity, never the hazards. All hazard information and protective measures must still appear, and the SDS must state that the identity is being withheld as a trade secret.

The Core Rule: You Can Hide Identity, Not Hazard

This is the single most important distinction in 1910.1200(i). A valid trade secret claim allows a manufacturer to omit:

• The specific chemical identity of a hazardous component
• The exact percentage (concentration) of that component

It does not allow the manufacturer to omit any of the following, which must always be on the SDS:

In short: confidential business information (CBI) protection covers the recipe, not the risk.

The HCS 2024 wrinkle: a range, not a blank

The 2024 update tightened the concentration piece. When a manufacturer claims the exact concentration of a hazardous ingredient as a trade secret, HCS 2024 requires the SDS to disclose it as one of OSHA's prescribed concentration ranges (added to Appendix D) and to state that the specific concentration is being withheld as CBI. In other words, the precise number can be hidden, but a downstream user still sees a bounded range rather than a blank. The identity and the exact percentage can be secret; the hazards — and now a meaningful concentration range — cannot.

When a Trade Secret Claim Is Valid

The claim must be a bona fide trade secret. A manufacturer cannot simply label everything confidential to avoid disclosure. 29 CFR 1910.1200(i)(1) allows the identity or concentration to be withheld from Section 3 only when these conditions hold:

1. The claim can be supported (1910.1200(i)(1)(i)).
2. The properties and effects are disclosed: the information on the sheet about the chemical's properties and effects stays on it (1910.1200(i)(1)(ii)).
3. The sheet says so: it indicates that the specific chemical identity and/or concentration is being withheld as a trade secret (1910.1200(i)(1)(iii)).
4. A withheld concentration becomes a prescribed range: the sheet gives the ingredient's concentration as one of the ranges listed in 1910.1200(i)(1)(iv), the narrowest one possible (1910.1200(i)(1)(v)); a manufacturer may give a narrower range (1910.1200(i)(1)(vi)).

OSHA keeps its own access whatever the claim: under 29 CFR 1910.1200(i)(12), the manufacturer, importer or employer must disclose to OSHA on request any information the section requires it to make available, and makes the trade secret claim at that time so that OSHA can determine its status. The SDS must continue to convey the full hazard picture regardless of the claim's status.

Emergency Access Overrides the Trade Secret

The most critical exception protects worker health. Under 1910.1200(i), in a medical emergency, a treating physician or nurse must be given the specific chemical identity immediately upon request — even if there is no signed confidentiality agreement yet. The written statement of need and confidentiality agreement can be provided as soon as circumstances permit, after the emergency.

This means a trade secret claim can never stand in the way of emergency medical treatment.

Non-Emergency Access by Health Professionals

Outside emergencies, certain health professionals (physicians, nurses, industrial hygienists, toxicologists, epidemiologists) treating or assessing exposed employees can obtain the specific chemical identity for legitimate purposes, but the manufacturer may require:

• A written request describing the need
• A written confidentiality agreement

Employees and their designated representatives can make the same written request (1910.1200(i)(3)). If the manufacturer, importer or employer denies it, the denial must, under 29 CFR 1910.1200(i)(7):

• reach the requester within thirty days of the request;
• be in writing;
• include evidence supporting the trade secret claim;
• state the specific reasons for the denial; and
• explain in detail how alternative information may meet the occupational health need without revealing the trade secret.

The requester may then refer the request and the written denial to OSHA for consideration (1910.1200(i)(8)).

Where This Lives on the SDS (Appendix D)

Appendix D to 1910.1200 establishes the 16-section SDS format and the minimum content of each section. The trade secret interaction shows up mainly in Section 3, Composition/Information on Ingredients:

What Employers and Health Professionals Should Do

• When you see a withheld identity, confirm the SDS still lists all hazards and protective measures
• Verify the SDS includes the required statement that identity is withheld as a trade secret
• Keep a procedure for emergency identity requests so treating clinicians get information immediately
• For non-emergency needs, prepare a written request and confidentiality agreement template
• If a request is improperly denied, document it and consider referral to OSHA

A Note on Construction Sites

Construction employers are covered through 29 CFR 1926.59, which incorporates 1910.1200 by reference — including the trade secret provisions of 1910.1200(i). The same emergency-access rule applies on a jobsite as in a fixed facility. On a multi-employer site, the employer whose product it is must give the other employers on-site access to its safety data sheets (1910.1200(e)(2)(i)), so the trade secret statement and the full hazard information reach every crew exposed to the product.

A trade secret hides two facts, never the hazard

A trade secret claim is narrow and conditional: it protects the identity and concentration of a hazardous ingredient, and nothing else. Every hazard, property, and protective measure stays on the SDS; a statement of the withholding is mandatory; a treating clinician overrides the claim instantly in an emergency; and OSHA can compel disclosure if the claim doesn't hold up. For an employer, the practical job is simple — when you see a withheld identity, confirm the rest of the sheet is complete and keep an emergency-request procedure ready.

Related: SDS Management hub · How to Read a Safety Data Sheet · The 16 Sections of an SDS · SDS Gap Analyzer · Find the Holes: SDS Gap Audit · HazCom Standard 1910.1200

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Sources & verification (verified 2026-07-18): OSHA Hazard Communication Standard trade-secret provisions, 29 CFR 1910.1200(i)(1)–(3) (emergency disclosure to a treating PLHCP under (i)(2); non-emergency access to health professionals under (i)(3)), and SDS content in Appendix D (16-section format; Section 3 Composition); construction adoption via 29 CFR 1926.59. Make sure every SDS in your library is complete and accessible the instant a clinician or inspector asks — close library gaps with the SDS Gap Analyzer. Not legal advice.