A Safety Data Sheet (SDS), formerly known as a Material Safety Data Sheet (MSDS), provides detailed information about a specific hazardous chemical used in a workplace. These sheets communicate the chemical’s physical and health hazards, safe handling procedures, storage requirements, and emergency response measures. The number of SDSs required is not fixed; it depends entirely on the unique inventory of hazardous chemicals present on the premises. Maintaining compliance with these regulations is a mandatory requirement for all United States restaurants.
The Regulatory Requirement for Safety Data Sheets
The legal foundation for managing hazardous chemicals is the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS), specifically 29 CFR 1910.1200. This standard requires employers to evaluate the hazards of all chemicals used in the workplace and communicate this information effectively to employees. An SDS must be available for every chemical classified as hazardous that employees may be exposed to under normal conditions or in a foreseeable emergency.
A chemical is defined as hazardous if it poses a physical hazard (like flammability or reactivity) or a health hazard (like toxicity, corrosivity, or carcinogenicity). The HCS aims to reduce chemically related illnesses and injuries. Therefore, if a chemical is hazardous and present in the workplace, a corresponding SDS must be maintained.
Identifying Hazardous Chemicals in a Restaurant Inventory
Determining the exact number of required SDSs starts with a comprehensive inventory of every chemical product used in the facility. Restaurants use many industrial-strength products that fall under the HCS, including concentrated oven and grill degreasers, floor strippers, industrial-grade detergents, and potent drain openers. Highly corrosive chemicals, such as sodium hydroxide or sulfuric acid found in some cleaners, absolutely require an SDS. Concentrated sanitizers containing chlorine, ammonia, or quaternary ammonium compounds also necessitate documentation due to the potential for respiratory harm or chemical burns. Even chemicals used as food additives may require an SDS if their concentrated form demands specific handling or storage procedures beyond simple consumer use.
A frequent point of confusion is the “consumer product exemption” within the HCS. This exemption applies only to products used in the workplace in the same manner, frequency, and duration as they would be used by a normal consumer. For instance, a small bottle of window cleaner used occasionally in an office area might be exempt. However, if the restaurant uses industrial-strength concentrations, or if a consumer-grade product is used continuously by employees as part of their work assignment, the exemption is void, and an SDS is required.
Obtaining and Maintaining Accessible Safety Data Sheets
Once the chemical inventory is complete, the employer must acquire the corresponding Safety Data Sheets, primarily by requesting them from the chemical supplier or manufacturer. Chemical manufacturers are responsible for providing the SDS to the employer at or before the time of the initial shipment of a hazardous product.
Employers must ensure these documents are readily accessible to employees during every work shift when the chemicals are in use. Accessibility requires that employees can instantly retrieve the SDS without needing permission from a supervisor or overcoming other barriers. SDSs can be maintained in hard copy, such as in a clearly marked binder, or stored electronically via computer or tablet access.
If an electronic system is used, the employer must implement an adequate backup system, like a paper copy or a separate power source, to ensure immediate access during power outages or equipment failure. The sheets must conform to the standardized 16-section format required by OSHA, which ensures consistency in information presentation. Employees and medical personnel must be able to obtain a hard copy of the SDS upon request, especially in an emergency.
Employee Training and Communication Requirements
Merely possessing the required Safety Data Sheets is insufficient for compliance; the Hazard Communication Standard also mandates comprehensive employee training. Training must be provided upon initial assignment to a job involving hazardous chemicals and whenever a new chemical hazard is introduced into the work area. The training program is designed to ensure employees can use the information provided on the SDS effectively to protect themselves.
Employees must be trained on how to read and understand the standardized 16-section SDS format. Instruction must cover the physical and health hazards associated with specific chemicals and the methods employees can use to detect the presence or release of a hazardous chemical. Employees must also be informed of the exact location and availability of the SDS collection and the overall written Hazard Communication Program.
Consequences of Non-Compliance with Hazard Communication Standards
Failure to meet the requirements of the Hazard Communication Standard carries serious implications for both employee welfare and the business’s financial health. Non-compliance significantly raises the risk of employee injury, illness, or death from chemical exposure due to improper handling, storage, or mixing. Employees may suffer chemical burns, respiratory harm, or severe skin and eye irritation from corrosive agents.
OSHA frequently cites HazCom violations, which are consistently ranked among the most common infractions across all industries. Financial penalties for non-compliance are substantial and are indexed annually for inflation. As of 2024, a single serious violation can result in a maximum penalty of $16,131. Willful or repeated violations can incur fines up to $161,323 per violation. Considering that multiple violations are possible during a single inspection, these financial risks incentivize strict adherence to the standards.