First, the Court concluded that the definition of trade secrets incorporated by OSHA custom name jacksonville jaguars baseball shirt included chemical identity information that was readily discoverable
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not merely that the sector selected for coverage presents greater hazards, but also why it is not feasible for the same standard to be applied in other sectors where workers are exposed to similar hazards.” custom name jacksonville jaguars baseball shirt United Steelworkers, 763 F.2d at 738. Therefore, because inadequate communication of chemical hazards is itself a significant risk, id. at 735, OSHA was required by the Court order to apply the HCS to all workplaces where employees are exposed to chemical hazards, to the extent feasible. The revised final rule expanded the scope of industries covered from just the manufacturing sector to all industries where employees are exposed to hazardous chemicals. As OSHA stated at that time, the Agency has evidence to indicate that there is chemical exposure in every type of industry, lack of knowledge about those hazardous chemicals
puts employees at a significant risk of experiencing material impairment of health, and thus employees in all industries must have protection under the rule. (See 52 FR 31858.) Although the standard was issued as a final rule, OSHA invited interested parties to submit information, data or evidence regarding the feasibility or practicality of the provisions as written when applied to the non-manufacturing sector, as well as any recommendations for further modification. A 60-day period was established for such comments, and it ended on October 23, 1987. A total of 137 comments were received , and entered into Docket H-022D (Ex. 5). A variety of opinions was expressed in the comments regarding a number of issues; however, most of the comments did not contain data or evidence concerning either feasibility or practicality. Many of the comments were questions or requests for clarification of the provisions.