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KMID : 1039220150250040433
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Journal of Korean Society of Occupational and Environmental Hygiene
2015 Volume.25 No. 4 p.433 ~ p.445
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Issue Analysis on 'Trade Secret Claim' in 「Chemicals Control Act」 and 「Amendment on Occupational Safety and Health Act(1917-227)」
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Kim Shin-Bum
Lee Yun-Keun
Chou Young-Eun
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Abstract
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Objectives: The major objectives of this study are to review the issues surrounding trade secret claims in the Chemicals Control Act and Amendment on Occupational Safety and Health Act(1917-227) and to propose a way of improving the reliability of chemical information in MSDSs, labels and National Chemical Survey results.
Materials: To review the issues on trade secret claims, we made an analysis frame which was divided into three steps: Value and Problem Recognition; New Regulation Design; and Enforcement and Amendment. We then compared Korean issues with issues from the United States' Hazard Communication Standard and Emergency Planning & Community Right-to-Know Act, Canada's Workplace Hazardous Materials Information System and Hazardous Materials Information Review Act and the European Union's Regulation on Classification, Labelling and Packaging of substances and Mixtures.
Results: The stage of right-to-know development in Korea has passed the Value and Problem Recognition phase, so efforts are needed to elaborately design new regulation.
Conclusions: We recommend two ways to improve right-to-know in Korea. First, strict examination of the quality of documents for trade secret claims is very important. Second, trade secrets should be limited to less-hazardous substances.
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KEYWORD
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Chemicals Control Act, MSDS, Occupational Safety and Health Act, right-to-know, trade secret claim
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