Three groups are legally required to create, provide, or maintain safety data sheets (SDS) under U.S. federal law: chemical manufacturers, chemical importers, and employers who use hazardous chemicals in their workplaces. OSHA’s Hazard Communication Standard (29 CFR 1910.1200) spells out each group’s specific obligations, and similar rules apply in Canada, the EU, and other countries that follow the Globally Harmonized System (GHS).
Chemical Manufacturers and Importers
Any company that produces or imports a hazardous chemical must develop an SDS for that product. This is where the chain of responsibility starts. Manufacturers and importers must classify the hazards of every chemical they make or bring into the country, then create an SDS that documents those hazards in a standardized 16-section format.
They’re also responsible for getting that SDS into the hands of anyone downstream. The rule requires them to provide an SDS with the initial shipment of a hazardous chemical and again with the first shipment after an SDS has been updated. If a distributor or employer requests a current SDS, the manufacturer or importer must supply one.
Distributors
Distributors don’t create SDS documents, but they do have a legal role in the supply chain. If a distributor ships a hazardous chemical without an accompanying SDS, the receiving employer has the right to demand one. In practice, distributors are expected to pass along whatever SDS they received from the manufacturer or importer. If a shipment arrives at a workplace labeled as hazardous but missing its SDS, the distributor or employer must obtain one from the chemical’s source as soon as possible.
Employers
This is the obligation that affects the widest number of workplaces. Every employer that uses hazardous chemicals, whether it’s a factory running industrial solvents or an office that stocks commercial cleaning products used in non-consumer quantities, must keep an SDS on site for each of those chemicals. The sheets must be readily accessible to employees during every work shift, right in or near the area where the chemicals are used.
Employers can store SDS documents electronically. Digital databases, computers, or tablets all satisfy the requirement as long as no barriers to immediate access exist. If the system goes down, employees still need a way to get the information, so many workplaces keep a paper backup. For workers who travel between job sites during a shift, the SDS collection can be kept at a primary location, but the employer must ensure those workers can immediately obtain the information in an emergency.
Beyond simply having the documents available, employers must also train workers on how to read and use an SDS. Employees need to understand what each section contains so they can quickly find information about health hazards, safe handling, and emergency procedures.
What Counts as a Hazardous Chemical
The SDS requirement applies to any chemical classified as hazardous under the Hazard Communication Standard. That covers a huge range of substances: industrial chemicals, laboratory reagents, cleaning agents, paints, adhesives, and many other products found in workplaces.
A few categories are specifically exempt. Hazardous waste regulated under EPA’s Resource Conservation and Recovery Act (RCRA) does not require an SDS under OSHA’s standard, because RCRA already governs how that waste is labeled and handled. Consumer products are also treated differently, but only when they’re used the same way a typical consumer would use them at home. If employees use a consumer product more frequently or for longer durations than normal household use, it falls under the standard and needs an SDS.
Canadian Requirements Under WHMIS
Canada’s Workplace Hazardous Materials Information System (WHMIS) imposes parallel obligations. Suppliers and employers must follow WHMIS requirements for any hazardous product sold, distributed, or imported into Canada. Every product classified as hazardous that’s intended for workplace use must have an SDS, and employers who produce hazardous products for their own internal use must meet the same requirements as suppliers, including creating an SDS for their workers.
One notable Canadian requirement: all SDS documents must be available in both English and French. A supplier can provide a single bilingual sheet or two separate documents, but providing only one language is a compliance violation. SDSs must also be updated within 90 days of a supplier learning significant new information about a product’s hazards. In several provinces and under federal jurisdiction, employers must actively seek updated sheets every three years.
EU and International Standards
In the European Union, the REACH regulation places responsibility on industry to manage chemical risks and provide safety information. Companies that manufacture or import chemicals into the EU must supply SDS documents to their customers. The EU updated its SDS requirements in 2020 with new provisions covering nanomaterials and aligning more closely with the GHS format used internationally. National authorities across EU and EEA member states monitor compliance and report to the European Commission every five years.
Recent U.S. Updates and Compliance Deadlines
OSHA published a final rule on May 20, 2024, updating the Hazard Communication Standard to align with Revision 7 of the GHS. The changes affect several SDS sections, particularly those covering hazard identification, composition, physical and chemical properties, and toxicological information. The rule also introduced new provisions for how trade secret concentration ranges appear on an SDS.
The updated standard uses a tiered rollout. Chemical manufacturers, importers, distributors, and employers have 18 months from the July 19, 2024 effective date to update labels and SDS documents for single substances, and 36 months for mixtures. Employers then get an additional six months after each of those deadlines to update their workplace labels, hazard communication programs, and training. During the transition period, companies can comply with either the previous standard or the new one.
Who Does Not Need an SDS
Not every workplace or product triggers the requirement. If your business doesn’t use, store, or handle any hazardous chemicals, you have no SDS obligations. Retail stores selling sealed consumer products that customers take home generally don’t need to maintain SDS files for those items, though they may need them for chemicals employees use for cleaning or maintenance. Articles, meaning manufactured items that don’t release hazardous chemicals during normal use (think a plastic chair or a metal tool), are also exempt. And as noted above, hazardous waste already regulated under RCRA follows its own labeling rules rather than the SDS system.