• Safety data sheets are required for each hazardous chemical used in the workplace.

Employers must have a safety data sheet (SDS) for each hazardous chemical which they use. Do not allow employees to use a chemical if the SDS for that chemical has not been received. Employers assume no responsibility for the content and accuracy of the SDS provided to them by the manufacturer, importer, or distributor, unless the employer changes the SDS.

The Occupational Safety and Health Administration (OSHA) requires that the SDS be written in English. However, this should not prevent an employer with employees who speak English as a second language from providing data sheets in other languages.

For workplaces such as warehouses or retail sales where employees do not normally open sealed containers of hazardous chemicals, that employer need only maintain the SDSs that are sent with incoming shipments. If an employee requests an SDS and it is not available, the employer must contact the manufacturer and request one. The primary difference is that the warehouse or hardware store does not have to maintain a complete file of data sheets. This simplifies the paperwork for operations where hundreds of different chemicals pass through but are never opened or worked with.

If you’re required to have SDSs for hazardous chemicals, you may be subject to EPA’s Tier II reporting requirements. Tier II reporting applies to ANY facility owner or operator that is:

• Required to prepare or have available a safety data sheet (SDS) or material safety data sheet (MSDS) for a hazardous chemical under 29 CFR 1910.1200; AND
• That hazardous chemical is not exempt under 1910.1200(b)(6); AND
• That hazardous chemical is present at any one time at or above its threshold level during the previous year. Under EPA’s regulations at 40 CFR 370 this means:
  • A hazardous chemical that is an extremely hazardous substance (EHS) is present at the facility at any one time in an amount equal to or greater than 500 pounds (227 kg — approximately 55 gallons) or the threshold planning quantity (TPQ), whichever is lower.
  • A hazardous chemical that is not an EHS is present at the facility at any one time in an amount equal to or greater than the threshold level for that hazardous chemical. Threshold levels for such hazardous chemicals are described below:
    1. For any hazardous chemical that does not meet the criteria in (2) or (3) below, the threshold level is 10,000 pounds (or 4,540 kg).
    2. For gasoline at a retail gas station, the threshold level is 75,000 gallons (approximately 283,900 liters) (all grades combined), but only under conditions listed at 40 CFR 370.12(a)(2)(ii).
    3. For diesel fuel at a retail gas station, the threshold level is 100,000 gallons (approximately 378,500 liters) (all grades combined), but only under conditions listed at 40 CFR 370.12(a)(2)(iii).