Do I have to provide employees with an SDS after we no longer use the chemical?

Two OSHA standards refer to safety data sheets (SDSs) and an employee's right to access information: the Hazard Communication standard and Access to Employee Exposure and Medical Records.

The purpose of the Hazard Communication standard, 29 CFR 1910.1200, is “to ensure that the hazards of all chemicals produced or used in the workplace are evaluated and that the information is transmitted to employers and employees.” The standard states in paragraph (g)(8) that the employer must ensure that SDSs “are readily accessible during each work shift to employees when they are in their work area(s).”

Under the Hazard Communication standard, employees should not have to ask for an SDS as this could be perceived by employees as a barrier to access. For instance, if employees must go through a supervisor to receive SDSs, they could feel inhibited from seeking out necessary hazard information.

Access to Employee Exposure and Medical Records, 29 CFR 1910.1020, states that its purpose is to “provide employees and their designated representatives a right of access to relevant exposure and medical records.” “Employee exposure record” is defined, among other records, as “a record containing any of the following kinds of information: ... material safety data sheets.” In the absence of an SDS or other exposure record specified under the standard, the employer may maintain a chemical inventory (or other type of record) which reveals the identity of the toxic chemical and where and when it was used. The standard's paragraph (e) requires that when an employee or employee representative requests access to records, the employer must ensure that “access is provided in a reasonable time, place, and manner” and that requested copies or copying facilities be “provided without cost.”

The Access to Employee Exposure and Medical Records standard does not require the employer to maintain the SDS after the chemical is no longer used in the workplace as long as some record of exposure exists, while the Hazard Communication standard requires that the SDSs for chemicals in current use be immediately available.