Chemical manufacturers and importers are responsible for creating safety data sheets (SDS), while employers are responsible for maintaining them and making them accessible to workers. Distributors sit in the middle, required to pass SDS documents along the supply chain with every initial shipment. Each party has distinct legal obligations under OSHA’s Hazard Communication Standard, and the penalties for falling short can reach $16,131 per violation.
Manufacturers and Importers: Creating the SDS
The responsibility chain starts at the source. Chemical manufacturers and importers must evaluate every hazardous chemical they produce or bring into the country, classify it by hazard type and severity, and then develop a safety data sheet for it. The SDS must be written in English and follow a standardized 16-section format that covers everything from chemical composition and fire-fighting measures to toxicological data and disposal considerations. This format aligns with the Globally Harmonized System (GHS), which most major economies now use.
Manufacturers and importers also bear the responsibility of keeping SDS documents current. When they become aware of significant new information about a chemical’s hazards, they have six months to revise the SDS and update all labels. If the chemical is no longer in production, the updated information must be added before it ships or enters a workplace again. This update obligation is ongoing for as long as the chemical is in commerce.
Distributors: Passing the SDS Downstream
Distributors are held to the same transmission requirements as manufacturers and importers. They must provide an SDS to commercial customers with the initial shipment of a hazardous chemical and again with the first shipment after a data sheet has been updated. Retail distributors have a slightly different rule: they must provide SDS documents to commercial customers upon request and post a sign or otherwise notify customers that sheets are available. Distributors are not required to send SDS documents to retail outlets that only sell sealed containers to consumers.
Employers: Maintaining Access for Workers
Once a hazardous chemical arrives at a workplace, the employer takes over. The core obligation is straightforward: employees must be able to access the SDS for every hazardous chemical in their work area during every shift, without having to leave that area to get it.
How you store them is flexible. Binders, filing cabinets, and digital systems all satisfy the requirement, as long as no barriers prevent immediate access. If SDS documents are stored electronically, a backup system must be in place so workers can still reach the information during a power outage or other emergency. Many employers designate a specific person or team to obtain, organize, and update their SDS collection.
For workers who travel between job sites during a single shift, employers can keep SDS documents at the primary workplace. But they must still ensure those employees can immediately get the information they need in an emergency, whether by phone, mobile device, or another rapid method.
What If an SDS Is Missing?
If a hazardous chemical arrives without an SDS, the employer or a designated staff member is expected to contact the manufacturer and obtain one. Simply not having a sheet is not an acceptable defense during an OSHA inspection. The employer is the last line of responsibility before the chemical reaches a worker’s hands.
Recordkeeping Requirements
You don’t need to keep an SDS on file forever, but you do need to maintain some record of chemical exposures for a long time. OSHA requires that employee exposure records be preserved for at least 30 years. The SDS itself doesn’t have to be retained for a specific period once a chemical is no longer used, as long as you keep a record of the chemical’s name, where it was used, and when it was used for at least 30 years. This protects workers who may develop health problems years or decades after exposure.
How the EU Handles It Differently
In the European Union, the REACH regulation places a similar burden on manufacturers and importers, but with an added step. Companies must register their chemical substances in a central database managed by the European Chemicals Agency (ECHA), providing detailed safety information as part of that registration. The EU also updated its SDS requirements in 2020 to address nanomaterials and align with evolving science. The core principle is the same on both sides of the Atlantic: the company that makes or imports the chemical is responsible for documenting its hazards, and the company that uses it is responsible for protecting its workers with that information.
Penalties for Noncompliance
Hazard communication consistently ranks among OSHA’s most frequently cited violations. As of 2024, the maximum penalty for a serious or other-than-serious violation is $16,131 per instance. That means a single workplace with multiple missing or outdated SDS documents could face fines that add up quickly. Willful or repeated violations carry even steeper penalties. Beyond fines, inadequate SDS access leaves workers unable to respond properly to spills, exposures, or fires, which is the real cost of noncompliance.