Employment Law

How Long Must You Keep a Safety Data Sheet or Hazardous Record?

Discover how long you must keep safety data sheets and hazardous records to ensure compliance with regulations

Introduction to Safety Data Sheets

Safety Data Sheets (SDS) are crucial documents that provide information on the safe handling, use, storage, and disposal of hazardous chemicals. Employers are required to maintain SDS for each hazardous chemical in the workplace, and employees have the right to access these documents.

The Occupational Safety and Health Administration (OSHA) regulates the maintenance and retention of SDS, and employers must ensure that these documents are up-to-date and readily available to employees. This includes ensuring that SDS are properly labeled and stored, and that employees are trained on how to access and use them.

Retention Requirements for Safety Data Sheets

OSHA requires employers to retain SDS for a minimum of 30 years after the chemical is no longer used in the workplace. This means that employers must maintain a record of all SDS, even if the chemical is no longer in use, for a period of 30 years.

Employers must also ensure that SDS are easily accessible to employees, and that they are updated regularly to reflect any changes in the chemical's composition or hazards. This includes ensuring that SDS are translated into languages spoken by employees, if necessary.

Hazardous Record Keeping Requirements

In addition to SDS, employers are also required to maintain records of hazardous materials, including chemicals, pesticides, and other hazardous substances. These records must include information on the type and quantity of hazardous materials, as well as any safety protocols or procedures in place to handle them.

Employers must also maintain records of employee training, including training on the handling and use of hazardous materials, as well as any medical surveillance or monitoring that may be required. These records must be maintained for a minimum of 30 years, and must be easily accessible to employees and regulatory agencies.

Consequences of Non-Compliance

Failure to comply with OSHA regulations regarding SDS and hazardous record keeping can result in significant fines and penalties. Employers who fail to maintain accurate and up-to-date SDS, or who fail to provide employees with access to these documents, can face fines of up to $12,675 per violation.

In addition to fines, employers who fail to comply with OSHA regulations may also face other consequences, including increased liability in the event of an accident or injury. This can result in significant costs, including medical expenses, lost wages, and other damages.

Best Practices for Maintaining Safety Data Sheets

To ensure compliance with OSHA regulations, employers should establish a system for maintaining and updating SDS. This includes designating a person responsible for maintaining SDS, as well as establishing procedures for updating and revising these documents.

Employers should also ensure that SDS are easily accessible to employees, and that employees are trained on how to access and use these documents. This includes providing training on the hazards of chemicals, as well as any safety protocols or procedures in place to handle them.

Frequently Asked Questions

What is the purpose of a Safety Data Sheet?

A Safety Data Sheet provides information on the safe handling, use, storage, and disposal of hazardous chemicals.

How long must I keep a Safety Data Sheet?

You must keep a Safety Data Sheet for at least 30 years after the chemical is no longer used in the workplace.

What information must be included on a Safety Data Sheet?

A Safety Data Sheet must include information on the chemical's composition, hazards, and safety protocols, as well as any first aid or emergency procedures.

Can I dispose of Safety Data Sheets after a certain period of time?

No, you must retain Safety Data Sheets for at least 30 years, even if the chemical is no longer in use.

Are there any specific requirements for maintaining hazardous records?

Yes, you must maintain records of hazardous materials, including chemicals, pesticides, and other hazardous substances, for at least 30 years.

What are the consequences of failing to comply with OSHA regulations regarding Safety Data Sheets?

Failure to comply with OSHA regulations can result in significant fines and penalties, as well as increased liability in the event of an accident or injury.