A possible approach for the protection of confidential information

• Pages: 59-61

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Annex: A possible approach for the protection

of confidential information

1. Introduction

In achieving an appropriate balance in making “special provision to protect

confidential information whose disclosure to a competitor would be liable to cause

harm to an employer’s business so long as the safety or health of workers are not

compromised thereby”, as specified in Article 1, paragraph 2 (b), of the Chemicals

Convention, 1990 (No. 170), and depending on national law and practice, the

competent authority may take into account the guidance in this annex.

2. General requirements

All safety and health information should be provided on the label or chemical

safety data sheet. However, in those circumstances where the name or concentration of

an ingredient of a chemical mixture is confidential information, the competent authority

should establish special provision for its protection, so long as the safety and health of

the worker is not compromised and provided that the supplier or employer:

(a) can support the claim that information is confidential information in accordance

with national law and practice;

(b) discloses all other required information concerning the hazardous chemical on the

label and chemical safety data sheet;

(c) indicates on the chemical safety data sheet that the specific chemical identity or

composition is being withheld as confidential information;

(d) makes available the specific chemical identity or composition to safety and health

professionals, workers and workers’ representatives in accordance with the

provisions of this Annex.

3. Emergency disclosure

Where a treating physician or nurse determines that a medical emergency exists

due to exposure to a hazardous chemical, the supplier or employer should immediately

disclose the confidential information necessary for treatment to the treating physician or

nurse, who should maintain the confidentiality of the information.

4. Non-emergency disclosure

4.1. In non-emergency situations, a supplier or employer should, upon request,

disclose confidential information to a safety or health professional (e.g. physician,

industrial hygienist, safety engineer, toxicologist, epidemiologist, occupational health

nurse) providing medical or other occupational safety and health services to exposed

workers, and to workers or workers’ representatives, on condition that: