| The Home page of ILPI's Safety Data Sheet (SDS) Resource, the leader in SDS information since 1995! | |
| The history and philosophy behind this resource. | |
| A curated collection of books and reference materials concerning Safety Data Sheets and closely related topics. | |
| Paste your plain text SDS into the SDS-Demystifier, and it will be converted into a hypertext-enriched document with links to detailed explanations of each key term. | |
| An extensive list of frequently asked questions about Safety Data Sheets including regulations, content, compliance, and more. | |
| A humorous take on Safety Data Sheet jargon. Fill in the blanks on our entry form to generate a personalized Unsafety Data Sheet to share with your coworkers. | |
| Since 1995, we've maintained this massive curated list of the best places to find Safety Data Sheets on the Internet. | |
| Way more than a glossary, this hypertext-enhanced resource covers hundreds of SDS-related terms and expert knowledge. Each entry includes both the SDS relevance and links to additional authoritative resources. | |
| Archived results of Safety Data Sheet related polls taken by some of our millions of site visitors | |
| You are here! The OSHA regulations behind SDS regulations, including the inspection guidelines and over 400 official interpretations letters under the Hazard Communication Standard | |
| Commercial suppliers of SDS authoring and management software as well as cloud compliance services. | |
| Commercial companies that will create SDS's for your specific needs as well as SDS translation companies. |
Safety signs, banners, and scoreboards? Get yours at Safety Emporium!
OSHA Hazard Communication Letters of Interpretation
Electronic distribution of safety data sheets (SDSs) under the revised Hazard Communication standard
- Issued
- Record type
- Interpretation
- Historical standard
- HCS 2012 (historical)
- Current standard
- HCS 2024, as amended
ILPI assessment: Generally consistent with the current HCS
Posting SDSs on a website and putting a retrieval card in a shipment do not, alone, satisfy the supplier’s duty to provide SDSs. The letter’s opt-in, positive notification, access and update conditions remain useful safeguards; hard copies must be available on request under paragraph (g)(6)(iv).
Supplier distribution under paragraph (g)(6) is separate from the employer’s duty to provide immediate employee access. See the December 30, 1997 letter and SDS FAQ discussion of electronic access.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
Source: OSHA's original letter page.
May 13, 2013
Karl E. Luke, PhD
Diagnostic Hybrids, Inc.
1055 East State Street, Suite 100
Athens, OH 45701
Dear Dr. Luke:
Your employees can stay informed and safety-ready with right to know stations and labels from Safety Emporium.
Thank you for your March 18, 2013, letter to the Occupational Safety and Health Administration (OSHA) Regional Office. Your letter was forwarded to OSHA's Directorate of Enforcement Programs to be answered. Your questions concerned the distribution requirements for Safety Data Sheets under the revised Hazard Communication standard (HCS 2012), (29 CFR 1910.1200 [ILPI: Original HCS 2012 context · Current HCS]. This letter constitutes OSHA's interpretation only of the requirements herein, and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased question and our response is below.
Background: Diagnostic Hybrids (DHI) manufactures in vitro diagnostic medical devices for professional use in testing facilities. DHI recently uploaded all of DHI's Safety Data Sheets (SDSs) to the website to make them accessible to all of its customers. DHI also includes an 'e-labeling' product information card with each shipment to inform the customers that the SDSs are available on the DHI website.
Question: Would the 'e-labeling' product information card meet the requirements of 29 CFR 1910.1200(g)(6)(ii) [ILPI: Original HCS 2012 context · Current HCS] to provide the SDS with the shipped containers or prior to the first shipment?
Response: No. The use of the 'e-labeling' product information card would not be compliant with 29 CFR 1910.1200(g)(6)(ii) [ILPI: Original HCS 2012 context · Current HCS]. While OSHA allows for the use of electronic distribution of SDSs, the system you proposed does not meet all the requirements OSHA has outlined for electronic distribution of SDSs.
As discussed in OSHA's December 30, 1997, letter to the Honorable Charles S. Robb, manufacturers, importers and distributors who would like to use an electronic system for distribution of SDSs must meet the following requirements[1].
- The manufacturer
must ensure that the downstream user has
agreed to this type of information access, ("opt-in").
[ILPI note: At issuance: HCS 2012. Supplier delivery under paragraph (g)(6) and employee workplace access under paragraph (g)(8) are separate obligations. See the electronic-access FAQ.]
- The manufacturer cannot require the downstream user to purchase new technology in order to obtain the SDS.
- The manufacturer must ensure that some positive and verifiable form of notification (such as a letter or email) is provided with all the information necessary to access the SDS(s).
- The manufacturer must ensure that some positive and verifiable form of notification is provided to ensure that the downstream user is aware when SDSs are updated.
To this end, downstream users must choose whether they would like to receive SDSs electronically through your e-labeling system and be able to "opt-out" at any time. Once a downstream user "opts-out" you must provide them a hard-copy of the SDS as part of their next shipment. If the downstream user elects to receive SDSs electronically, you are required to provide them with information on how to access SDSs and to notify users when SDSs are updated. Also, please note that all SDSs must be provided at no cost to the downstream user, regardless of whether they are shipped as hard-copies or provided electronically. In addition, the use of electronic distribution of SDSs does not eliminate the manufacturer or importer's requirement under 29 CFR 1910.1200(g)(6)(iv) [ILPI: Original HCS 2012 context · Current HCS] to provide an SDS (hard-copy) upon request by the distributor or employer.
Get your GHS-compliant labels and signs from Safety Emporium.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA's requirements are set by statute, standards, and regulations. Our letters of interpretation do not create new or additional requirements but rather explain these requirements and how they apply to particular circumstances. This letter constitutes OSHA's interpretation of the requirements discussed. From time to time, letters are affected when the Agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. To assure that you are using the correct information and guidance, please consult OSHA's website at https://www.osha.gov. If you have further questions, please feel free to contact the Directorate of Enforcement Programs at (202) 693-2100.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs
[1] OSHA's December 30, 1997 letter to the Honorable Charles S. Robb is available at: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22512
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/2013-05-13.