Here’s a Model Memo that explains how the OSHA trade secret protection procedures work and instructing staff to request such protection when OSHA inspectors show up. Adapt it to fit your own needs and circumstances.

OSHA INSPECTION INSTRUCTIONS
Protection of Trade Secrets

As you know, OSHA officials have the right to inspect our workplace facilities to see if we are obeying health and safety laws. As you also know, as part of that inspection, OSHA inspectors may ask to see and/or obtain copies of internal company documents and other records.

Some of the materials that OSHA asks for might be considered “trade secrets.” Although you must disclose these materials to OSHA, you can and must take steps to notify OSHA that the materials are trade secrets and request OSHA not to disclose them to the public. The purpose of this Memo is to tell you how.

Trade Secrets: Trade secrets include proprietary information about our business and its operations. It can include not just written documents but photographs, computer tapes and databases. There’s a list of trade secrets attached (Attachment A) to this Memo that you can refer to in the event of an OSHA inspection.

Requesting Protection: Whenever an OSHA inspector asks to see or obtain a copy of trade secrets, you must notify the inspector that the requested information is a trade secret and formally request that it be protected against public disclosure. The way to make that request is by filling out the Model Notice attached (Attachment B) to this Memo.

Notice Instructions: Take the following four steps to complete the attached Model Notice:

If You Have Any Questions: Regarding the trade secret rules, the requesting of protection and/or the completion of the Notice, ask management.

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