Introduction
In today's workplace, the safety and health of employees are paramount concerns. The Safety Data Sheet (SDS)i plays a critical role in ensuring that people have access to essential information about the chemicals to which they have the potential to be exposed. Herein we outline the legal requirements surrounding SDSs and provide best practices for both employers and SDS aggregators. The guidance is based on standards set forth by the Occupational Safety and Health Administration (OSHA)ii and the California Division of Occupational Safety and Health (Cal/OSHA)iii.
Legal Requirements for SDSs
OSHA Standards
The Occupational Safety and Health Administration (OSHA) requires that manufacturers, distributors, and importers of hazardous chemicals provide Safety Data Sheets (SDSs) to downstream users. California regulations primarily mirror the federal regulations. The Hazard Communication Standard, established in 2012 was revised in 2023. Most of the components became enforceable on July 19, 2024.
Hazard Communication Standard (HCS) 2024
Format & Content
SDSs follow a 16-section format as mandated by OSHA’s Hazard Communication Standard (HCS) 2024, aligning with the provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS), primarily Revision 7iv. These modifications include revised criteria for classification of certain health and physical hazards, revised provisions for updating labels, new labeling provisions for small containers, new provisions related to trade secrets, technical amendments related to the contents of safety data sheets (SDSs), and related revisions to definitions of terms used in the standard. In the US, the supplier of the SDS must also include identification of ‘combustible dust’ in addition to more details about mixtures.
Information Disclosure
SDSs include information on chemical properties, health and environmental hazards, protective measures, and safety precautions for handling, storing, and transporting the chemical. Suppliers are limited in their ‘vagueness’ with which to claim ‘proprietary ingredients’ and now must provide both a way to detect over exposure and its prevention. They must also list the range of concentrations of each chemical in a mixture. Canada has a good resource for writing SDSv.
Language
SDSs must be presented in English but can also be provided in other languages as needed. (Pending legislation in the California State Assembly would expand this to include other languages in California). It is useful to note that only an SDS authored within the border of Australia are compliant in that country.
Employer Obligations
Hazard Communication Program
Each employer is required to create and maintain a written Hazard Communication Program, which describes what forms of warning, safety data sheets, and employee information and training will be met, including:
- A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas).
- The methods used to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas.
- In multi-employer workplaces, the written hazard communication program shall include the methods employers will use to inform any employers sharing the same work area of the hazardous chemicals to which their employees may be exposed while performing their work, and any suggestions for appropriate protective measures including:
- The methods the host employer will use to provide the other employer(s) with access to the safety data sheet, or to make it available at a central location in the workplace, for each hazardous chemical the other employer(s)' employees may be exposed to while working.
- The methods the host employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies.
- The methods the host employer will use to inform the other employer(s) of the labeling system used in the workplace.
Availability & Accessibility
Safety data sheets may be kept in any form, including as operating procedures, and may be stored in such a way to cover groups of hazardous chemicals in a work area where it may be more appropriate to address the hazards of a process rather than individual hazardous chemicals.
The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). vi 29CFR1910.1200(g)(8)vii "the employer is under no obligation to create an SDS for a hazardous chemical in situations where the manufacturer or importer has gone out of businessviii".
Employee Awareness Training
Employers are required to train employees on the understanding and use of SDSs, including interpreting information and understanding the risks associated with the chemicals they work with.
CAL/OSHA Standards
Cal/OSHA mirrors federal OSHA standards with additional stipulations to enhance worker protection found within Title 8, Section 5194 - Hazard Communicationix:
Labeling & SDS Format
Aligns with federal OSHA’s requirement for a standardized 16-section SDS format.
California-specific Requirements
California regulations emphasize the importance of communicating hazards effectively and maintaining an up-to-date inventory of hazardous chemicals.
Pesticides and Agricultural Chemicals
Additional requirements for specific industries such as agriculture, focusing on pesticides and other specialized chemicals.
Language Accessibility
Employers in California may need to provide SDSs in multiple languages to accommodate non-English speaking workers.
Best Practices for Employers
Ensuring Compliance
Regular Updates
Employers should regularly review and update their SDSs to reflect any changes in chemical formulations or regulatory requirements. Establish a systematic review process to ensure all SDSs are current.
Comprehensive Employee Training Programs
Develop ongoing training programs for employees to ensure they are knowledgeable about the hazards and protective measures associated with chemicals in their workplace.
Use a variety of training methods, such as in-person training, online modules, and hands-on demonstrations to cater to different learning styles.
Accessible Information
Ensure that SDSs are accessible to all employees at all times, including during emergencies. Utilize digital solutions, such as online databases or mobile apps, to provide easy access to SDSs while maintaining hard copies for redundancy.
Engagement and Communication
Employee Involvement
Involve employees in the development and review of workplace safety practices related to chemical handling. Encourage feedback and suggestions to improve safety protocols and SDS accessibility.
Supplier Communication
Maintain open lines of communication with suppliers to ensure timely receipt of updated SDSs and labels. Verify the accuracy and completeness of SDS information received from suppliers.
Best Practices for SDS Aggregators
Efficient Management and Distribution
Data Accuracy and Verification
- Implement stringent quality control measures to ensure the accuracy and reliability of SDS information.
- Regularly audit SDS entries to verify consistency with the latest regulatory standards.
- The best practice of SDS collectors is to review and update SDSs four times a year.
- Manufacturers, importers, and distributors are required by OSHA to update the SDS and provide the updated version to downstream users within three months of becoming aware of any new information.
- Manufacturers, importers, and distributors must review and update their pure chemical SDSs by January 19, 2026 and mixtures no later than July 19, 2027.
Technology Integration
Leverage technology to streamline the collection, storage, and distribution of SDSs. Develop user-friendly platforms that allow employers and employees to easily access and understand SDS information.
Comprehensive Coverage
Ensure a wide range of SDSs are available to cover diverse industries and chemical types.
Continuously expand and update the database to include new chemicals and formulations.
User Support and Education
Training and Resources
Provide training and resources to help employers and employees understand how to effectively use SDSs. Offer webinars, guides, and tutorials to facilitate better comprehension and utilization of SDS information.
Feedback Mechanism
Establish a feedback mechanism to gather user insights and improve the SDS aggregation and distribution process. Address user concerns promptly and incorporate their suggestions to enhance service quality.
Conclusion
Safety Data Sheets are a crucial component of workplace safety, providing essential information about hazardous chemicals. Employers and SDS aggregators must collaborate to ensure that SDSs are accurate, accessible, and effectively utilized. By adhering to legal requirements and adopting best practices, they can significantly enhance workplace safety and compliance, safeguarding the health and well-being of employees.
References:
https://www.osha.gov/sites/default/files/publications/OSHA3514.pdf accessed on 8/14/2024
https://www.dir.ca.gov/title8/5194.html accessed on 8/14/2024
i https://www.osha.gov/sites/default/files/publications/OSHA3493QuickCardSafetyDataSheet.pdf
ii https://www.osha.gov/
iii https://www.dir.ca.gov/dosh/
iv https://www.govinfo.gov/content/pkg/FR-2024-05-20/pdf/2024-08568.pdf
v https://whmis.org/sds/
vi https://www.osha.gov/sites/default/files/publications/OSHA3514.pdf
vii https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200
viii https://www.osha.gov/laws-regs/standardinterpretations/2013-01-31
ix https://www.dir.ca.gov/title8/5194.html
Author
Russ Vernon, Ph.D.
EH&S Business Development Manager
Risk and Safety Solutions