Q&A: Do retailers need SDSs for products they sell?
Are retail establishments required to have safety data sheets (SDSs) for the chemicals or products they sell?
Per 29 CFR 1910.1200(b)(4), “[i]n work operations where employees only handle chemicals in sealed containers which are not opened under normal conditions of use (such as are found in marine cargo handling, warehousing, or retail sales [emphasis added]), [the Hazard Communication Standard] applies to these operations only as follows:
- Employers shall ensure that labels on incoming containers of hazardous chemicals are not removed or defaced;
- Employers shall maintain copies of any safety data sheets that are received with incoming shipments of the sealed containers of hazardous chemicals, shall obtain a safety data sheet as soon as possible for sealed containers of hazardous chemicals received without a safety data sheet if an employee requests the safety data sheet, and shall ensure that the safety data sheets are readily accessible during each work shift to employees when they are in their work area(s); and,
- Employers shall ensure that employees are provided with information and training in accordance with [29 CFR 1910.1200(h)] (except for the location and availability of the written hazard communication program under 29 CFR 1910.1200(h)(2)(iii) of this section), to the extent necessary to protect them in the event of a spill or leak of a hazardous chemical from a sealed container.”
It is reasonably foreseeable that handling containers of hazardous products (e.g., stocking shelves) could result in leaks, spills and/or broken containers that may expose your employees to these hazardous substances. In such instances, having SDSs will help keep your employees safe.
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