Safety Data Sheets: Who’s Responsible for Providing Them?
Sds construction

Who is responsible for providing safety data sheets (SDSs)? Without a clear line of responsibility, you can often end up with numerous problems related to bystander effects and blaming one another when things go wrong. However, OSHA and the EPA make it very clear that it is the owner or operator of a site who must ensure that safety data sheets are available for those working on the site. 

Whether you are a chemical maker, distributor, or you use the chemicals in another production step, you will have your own SDS duties. Sadly, in many businesses, this amounts to storing physical sheets in binders nobody can find.

Below, we elaborate on why this is potentially a problem and why you want to find a better solution to prevent liability, ensuring that you comply with legal mandates.

Who Is Responsible for Providing Safety Data Sheets

There is a long line of responsibility for providing these documents at every step and handoff.

First of all, chemical manufacturers and importers need to generate these before they ship out their first quantity, for their personnel, and also anyone who may handle the material. These need to summarize the following and more, as per OSHA’s SDS data standards:

  • Warning pictograms
  • First-aid steps
  • Cleanup steps
  • Specific chemical hazards

At every step along the distribution cycle, distributors must ensure that anyone handling the chemical also has access to an SDS and send along the latest version should it change. All these parties need to designate someone to keep this data complete and up-to-date. If new information comes in, they must update it as soon as possible, usually within three months of discovering the update, as per Appendix F of 1910.1200. 

Manufacturers are also responsible for providing:

  • Revision dates of any SDS
  • Test data for the chemical batch or supply
  • Composition of the chemicals
  • Document control numbers
  • Electronic PDFs or hard copies of the SDSs, as requested

An archived SDS log also needs to include information on discontinued chemical formulae, in case of legacy chemical exposure due to misplaced batches. 

Distributors also need to provide a documented chain of custody of the substances via proofs of transfer.

Keeping all of these readily accessible at all times prevents employees from needing to take extra steps to procure them, such as contacting supervisors. One of the best ways to do this is to provide an electronic SDS database as a primary method of looking up the data, as well as a paper binder or other physical copy, in case the electronic system is unavailable. These should be signposted so workers and emergency services can find them during emergencies.

Hazard Communication Standard Oversight

The maximum penalty for any company not fulfilling their OSHA obligations rose to over $16k as of 2025, highlighting the serious nature of every individual failure to communicate hazards, with an SDS or otherwise. Fortunately, they have made it very clear what their expectations are, with the aforementioned regulation 29 CFR 1910.1200 setting the minimum viable labeling and communication of chemical storage and transfer. However, be aware that different states may have separate rules, so performing your due diligence can help you avoid liability.

If OSHA suspects your organization is failing at safety regulations compliance, then you may be due for an audit from their investigators. These are unannounced and may focus on many of the top-cited hazard communications failures, such as:

  • Missing chemical safety information or outdated SDSs
  • Insufficient training in workplace safety responsibilities and SDS use
  • Failure to maintain a chemical inventory list
  • Lack of employee access to OSHA safety data sheets
  • SDSs not understandable by workers

One of the best ways to check whether you are following each hazard communication standard, however, is to book a third-party auditor who can compare your business to regulations and benchmarks, giving you clear steps on how to improve your processes.

Which Party Is Accountable for Worker Communication of SDSs

OSHA’s 2024 hazard communication final ruling has meant that up to 95% of all SDSs will need revisions in the coming months, according to OHS Online. As such, organizations each need to ensure that they communicate to their own workers when these update.

Any revision logs they create should include information such as:

  • The date on which any new SDS is received
  • Version numbers and whether the SDS is current or superseded
  • When someone reviewed them
  • Whether they are in the library
  • Who has access to them

Each of these pieces of information allows for more robust auditing and enables individuals to verify that they always have access to the latest SDSs. Configuring a system to auto-alert your management when staff do not have access to the latest data, or if an employee has not updated in close to three months, can help your team ensure that everyone always has the most recent data.

Digital audit trails tracking all this information on a cloud-based system allow you to demonstrate compliance to OSHA inspectors quickly, even if specific employees or binders are unavailable.

Training Workers on Labels and SDSs

Ultimately, it is the employer who needs to train workers on each element of workplace safety in this case. 

Ensure that these sessions occur in the language that is easiest for workers to learn. OSHA will not consider someone taught in English as sufficient if they do not understand the language. As language barriers caused around a quarter of workplace accidents in 2024, according to Interpreters and Translators, Inc., this is crucial.

When documenting these sessions, ensure that you log any training performed, who was trained, by whom, and when. You can then reassure auditors of your efforts to protect the safety of your workers.

Take Control of Your SDS Program and Avoid Liability

Who is responsible for providing safety data sheets to ensure the safety of employees and the responsible handling of chemicals? The site owner and employer. If these are you, it may be time to improve your processes.

With paper systems, it’s a lot of work. However, KHA’s Online-SDS system can make it a lot easier by giving every employee instant access to SDSs, as well as offline backups that can continue to function even during a blackout.

To learn more about our ability to offer real-time SDS updates and help you ensure your next audit is problem-free, contact KHA today.