FAQs: Updating and Managing Safety Data Sheets

In today’s fast-paced regulatory landscape, managing Safety Data Sheets (SDS) efficiently is crucial for ensuring workplace safety and compliance. With the increasing complexity of regulations and the need for up-to-date information, many organizations are turning to advanced software solutions to streamline their SDS management processes. Enter TotalSDS Authoring and SDS Management software, powerful tools designed to simplify and enhance the way businesses handle their safety data. 

We’ve been helping our clients with compliance solutions, peerless expertise and mission-critical technologies for years. And in doing so, we’ve fielded many of the same questions from our partners about how to best protect employees, keep the environment safe, and reduce some of the risks we experience in today’s world.

In this blog article, we’ll address some of the most frequently asked questions about updating and managing SDS using TotalSDS, providing you with valuable insights to optimize your safety data management and stay ahead in regulatory compliance.

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1. Once a manufacturer/supplier has updated their SDS, when are they required to send it downstream to their customers?

Once a manufacturer or supplier updates their Safety Data Sheet (SDS), they are generally required to send the revised version to their downstream customers within a reasonable timeframe. The Occupational Safety and Health Administration (OSHA) mandates that updated SDSs must be provided to customers as soon as possible, but no later than 6 months from the date the changes were made. This ensures that users have access to the most current safety information and can make informed decisions about handling and using hazardous chemicals.

Specific regulations call out:

Under 29 CFR 1910.1200(g)(6)(i), “chemical manufacturers or importers shall ensure that distributors and employers are provided an appropriate safety data sheet with their initial shipment, and with the first shipment after a safety data sheet is updated;” and, part iv of the same standard further states that “the chemical manufacturer or importer shall also provide distributors or employers with a safety data sheet upon request.”

Understanding that SDS are not automatically sent out just because they have been updated is important to know. “Under paragraphs 1910.1200(g)(1) and (g)(8), employers must have and maintain the most current MSDS/SDSs and make them available to their employees.” That means you may have to ask the supplier or manufacturer to provide it.

2. When are manufacturers and suppliers required to update their SDS?

A common misconception is that the requirement to update an SDS is driven by the calendar, when in fact, it is driven by the availability of new hazard information. Once there is new information, however, the clock does begin ticking. 

The real answer? Safety Data Sheets (SDSs) should be updated under several circumstances to ensure they remain accurate and compliant with regulations. 

According to OSHA, “The chemical manufacturer, importer or employer preparing the safety data sheet shall ensure that the information provided accurately reflects the scientific evidence used in making the hazard classification. If the chemical manufacturer, importer or employer preparing the safety data sheet becomes newly aware of any significant information regarding the hazards of a chemical, or ways to protect against the hazards, this new information shall be added to the safety data sheet within three months.”

Here are the key guidelines for updating SDSs:

1. Regulatory Changes: SDSs should be updated whenever there are changes in regulations or standards that affect the chemical or its classification. This ensures that the information complies with the latest legal requirements.
2. New Information: If new information becomes available about the chemical, such as new hazard data, safety recommendations, or changes in the chemical’s properties, the SDS should be updated to reflect this new information.
3. Significant Changes: Any significant changes in the chemical’s formulation, hazard classification, or safety measures should trigger an update to the SDS.
4. Regular Review: Although there is no fixed interval mandated by regulations, it is considered best practice to review and potentially update SDSs at least every 3 years. This regular review helps ensure that the information remains current and accurate over time.

And for updating labels with new, ‘significant information,’ OSHA says, “Chemical manufacturers, importers, distributors, or employers who become newly aware of any significant information regarding the hazards of a chemical shall revise the labels for the chemical within six months of becoming aware of the new information, and shall ensure that labels on containers of hazardous chemicals shipped after that time contain the new information.”

3. How do I know if the SDSs my suppliers provide are, in fact, GHS compliant SDSs and will meet OSHA’s requirements?

Ensuring that the Safety Data Sheets (SDSs) provided by your suppliers are compliant with the Globally Harmonized System (GHS) and meet OSHA’s requirements is crucial for maintaining safety and regulatory compliance. Here’s how you can verify their compliance:

1. Check for GHS Elements

• Labels: Ensure that the SDS includes GHS-required labels, such as pictograms, signal words, hazard statements, and precautionary statements.
• Sections: Verify that the SDS follows the standard 16-section format required by GHS.
• Hazard Classification: Confirm that the chemical hazards are properly classified according to GHS criteria.

2. Review for OSHA Compliance

• Section 1: Make sure it includes product identifier, manufacturer or distributor details, and emergency contact information.
• Section 2: Check for hazard identification, including hazard classification and label elements.
• Section 3: Verify the composition/information on ingredients section to ensure it lists hazardous components.
• Sections 4-16: Ensure the SDS includes detailed information in all required sections, such as first-aid measures, handling and storage, and regulatory information.

3. Cross-Reference with OSHA Guidelines

• Consult OSHA’s SDS requirements to confirm that the SDS aligns with their guidelines. OSHA provides resources and checklists for SDS compliance on their website.

4. Utilize SDS Software

SDS management software can be extremely helpful in this process. Here’s how it can assist:

• Compliance Checks: Many SDS software solutions include built-in compliance checks that automatically verify if SDSs adhere to GHS and OSHA standards.
• Version Control: Software often tracks and manages different versions of SDSs, ensuring you have the latest and most compliant versions.
• Automated Updates: Some systems provide automated updates and notifications when new versions of SDSs become available from suppliers.
• Centralized Repository: SDS software centralizes all SDSs in one location, making it easier to review and manage documents efficiently.
• Audit Trails: The software can keep an audit trail of SDS versions and changes, helping ensure that you can track compliance over time.

By using these methods and tools, you can better ensure that the SDSs you receive are GHS-compliant and meet OSHA’s requirements, ultimately contributing to a safer workplace and smoother regulatory compliance.

4. Can SDSs be available online instead of in a binder?

OSHA says in 1910.1200(g)(8) that it is permissible to provide electronic access to SDSs provided the employee knows how to access the SDSs and they are not password-protected. Further, for electronic workplace SDS compliance, OSHA requires that electronic SDSs be included in your organization’s Hazard Communication Plan and meet all of the following requirements:

• Identifies hazardous chemicals in the workplace;
• Identifies chemical containers, container locations and quantities-on-hand of hazardous chemicals at the site;
• Keeps up-to-date SDSs for all chemicals in the workplace;
• Trains employees about chemical hazards as well as how to find and access SDS;
• Informs employees who are involved in non-routine tasks that may involve hazardous chemicals of the hazards associated with them;
• Informs contractors, visitors, and others of the presence of hazardous materials

Read more about binder requirements here.

5. What are the penalties for non-compliance with SDS requirements?

Non-compliance with Safety Data Sheet (SDS) requirements can result in significant penalties, both in terms of regulatory fines and potential legal repercussions. The penalties vary depending on the jurisdiction and the severity of the non-compliance. Here’s an overview of the potential penalties in the United States under OSHA regulations:

1. OSHA Penalties

Civil Penalties

• Serious Violations: These are violations where there is a substantial probability that death or serious physical harm could result. The maximum penalty for serious violations can be up to $16,131 per violation (OSHA)
• Other-than-Serious Violations: These are violations that have a direct relationship to job safety and health, but are not likely to cause death or serious physical harm. The maximum penalty for these violations can be up to $16,131 per violation.
• Repeated Violations: If an employer has been previously cited for a similar violation, the penalty can be increased. The maximum penalty for repeated violations can be up to $161,323 per violation (OSHA).
• Willful Violations: For violations that are committed with intentional disregard of OSHA standards, penalties can be up to $161,323 per violation.

Criminal Penalties

• In cases of willful violations that result in worker deaths or serious injuries, criminal charges can be brought. This can result in fines and imprisonment. For instance, criminal charges could be applied under the Occupational Safety and Health Act’s willful violations section, leading to fines and possible imprisonment of up to 6 months.

2. Legal Repercussions

• Civil Lawsuits: If non-compliance with SDS requirements leads to workplace accidents or health issues, affected parties might file civil lawsuits against the employer, seeking damages for injuries or harm caused by the lack of proper safety documentation and training.
• Insurance Issues: Failure to comply with SDS regulations can impact insurance claims and may result in increased premiums or denial of coverage.

3. Business Impact

• Reputational Damage: Non-compliance can damage an organization’s reputation, potentially affecting business relationships and customer trust.
• Operational Disruptions: Regulatory inspections and resulting penalties can lead to operational disruptions, additional compliance costs, and the need to invest in corrective actions and training.

4. State and Local Penalties

• Some states and local jurisdictions have additional regulations and penalties that can exceed federal OSHA penalties. It’s important to be aware of and comply with local regulations as well.

5. Compliance Costs

• Training and Corrective Actions: In addition to fines, organizations may incur costs for training, updating SDSs, and implementing corrective measures to address compliance issues.

To avoid these penalties and ensure compliance, organizations should regularly review their SDSs, train employees, and use effective SDS management solutions. Proactive compliance helps maintain a safe work environment and reduces the risk of costly penalties and legal issues.

6. What are the most frequently cited violations?

Violations of the Hazard Communication (HazCom) Standard have historically dominated the list of most frequently cited violations – and they are as follows (source: https://www.osha.gov/top10citedstandards):

1. Fall protection, construction (29 CFR 1926.501)
2. Hazard communication standard, general industry (29 CFR 1910.1200)
3. Scaffolding, general requirements, construction (29 CFR 1926.451)
4. Respiratory protection, general industry (29 CFR 1910.134)
5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
6. Ladders, construction (29 CFR 1926.1053)
7. Powered industrial trucks, general industry (29 CFR 1910.178)
8. Machinery and Machine Guarding, general requirements (29 CFR 1910.212)
9. Fall Protection–Training Requirements (29 CFR 1926.503)
10. Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)

Granted, there are countless questions to ask about safety and compliance than could ever be itemized – but that’s why we’re here! Because at TotalSDS, we work with you to understand your specific challenges in order to come up with the best solutions to keep you compliant. 

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