Trade Secrets on SDSs: What Can Be Withheld

What can be withheld

The standard allows a supplier to withhold two kinds of information from the SDS when the supplier can show a legitimate trade secret claim: the specific chemical identity (name, CAS number and other identifying details) and the exact percentage composition. Since the 2024 update, a withheld concentration must be replaced by one of the prescribed ranges listed in paragraph (i), such as 0.1% to 1% or 30% to 60%, and the narrowest range possible must be used. Further conditions are in the current text of paragraph (i) and Appendix D. See the HazCom overview.

What can never be withheld

• The hazards of the chemical: classification, symptoms, first aid, exposure controls and the other information required by the standard.
• The fact that information is being withheld. The sheet must say so.
• The ability of the supplier to disclose in a medical emergency or for treatment.

Putting it plainly: "proprietary" cannot be the whole description of a hazardous ingredient.

Access in emergencies and for health professionals

When a physician or nurse determines that a medical emergency exists and the specific identity is needed for treatment, the supplier must disclose it immediately, and can ask for a confidentiality agreement afterwards. In non-emergency cases, a health professional, employee or designated representative who needs the information for specific purposes, such as occupational health assessment or exposure monitoring, can request it in writing; the supplier may require a written statement of need and a confidentiality agreement, and must respond within a set time, explaining any denial in writing. Check the current text of the standard for the process. See employee right to know for the wider context.

What this means for workers and safety managers

• You can still tell what kind of hazard exists: the sheet's Section 2 and Section 11 should describe the effects.
• The label and the sheet must be consistent on hazards even when the ingredient name is withheld.
• Ask the supplier how to reach the person who can release the identity in an emergency, and write the contact in your emergency procedure.
• Where possible, choose products with full disclosure for high-hazard work.

Red flags

• "Proprietary" listed for every ingredient and no statement that information is being withheld.
• No concentration range or a very wide range with no justification.
• A severe hazard classification in Section 2 with nothing in Section 3 to explain it.
• A supplier that refuses all requests, including in a documented medical emergency.

These situations are worth escalating to the supplier and, if needed, your regulator. Also see Section 3 and SDSs for mixtures.

Trade secrets in other systems

Other jurisdictions have their own confidentiality systems. Canada's WHMIS has a procedure for claims of exemption from disclosure through a federal agency (see WHMIS), and the EU allows alternative chemical names in specified circumstances under CLP (see EU CLP). Rules about who can claim and who can access differ.

Worked scenario: a worker develops a rash

A worker develops a skin rash after using a coating product whose sheet lists one ingredient only as "proprietary resin". The occupational physician wants to know what the resin is. The employer contacts the supplier and explains that a health professional needs the identity for diagnosis. If the physician says the situation is a medical emergency, the supplier must release the identity immediately. If it is not an emergency but the information is needed for occupational health reasons, the physician or the employee's representative can make a written request that states why the information is needed and agrees to keep it confidential.

The worker meanwhile should stop using the product until the cause is understood, and the employer should keep records of the incident. See how long to keep SDS records.

Steps for a safety manager before buying a product with withheld ingredients

1. Read Sections 2 and 11 carefully. They should describe the hazards in enough detail to plan controls.
2. Ask the supplier how its emergency contact can release the identity to a doctor.
3. Write that contact into your emergency procedure.
4. Consider whether a fully disclosed alternative would work as well for high-hazard tasks.

Frequently asked questions