Compliance

foia request sample

osha right to knowfoia request sample, freedom of information act request letter, foia request letter

OSHA “Right to Know” and When FOIA Matters

OSHA’s “right to know” concept is rooted in the Hazard Communication Standard (HazCom, 29 CFR 1910.1200), which requires employers to inform employees about hazardous chemicals they may be exposed to at work. That includes training, labeling, and access to Safety Data Sheets (SDSs). In practice, most of what workers need should be available directly at the workplace—without filing anything.

But there are times when employees, safety managers, union representatives, or researchers want additional information from OSHA or another federal agency—such as inspection records, certain enforcement documents, or agency correspondence. That’s where the Freedom of Information Act (FOIA) can come into play.

This article explains how FOIA intersects with OSHA “right to know,” what you can request, and provides a foia request sample you can adapt (including a freedom of information act request letter and foia request letter template elements).

OSHA “Right to Know” Basics (29 CFR 1910.1200)

Under 29 CFR 1910.1200, employers must ensure:

  • SDS access: Employees can access SDSs for hazardous chemicals in their work area during their work shift.
  • Chemical labeling: Containers are labeled with required hazard information aligned with GHS.
  • Training and information: Employees are trained on chemical hazards, protective measures, and how to use SDSs.
  • Written HazCom program: A written program, chemical list, and SDS management process are maintained.

FOIA is not a replacement for SDS access

If an employer isn’t providing SDS access or HazCom training, the first step is usually internal escalation (supervisor/EHS) and—if needed—an OSHA complaint. FOIA is typically used to obtain agency records, not to force an employer to hand over SDSs.

Important: HazCom requires SDS availability at the worksite. If SDSs are missing or inaccessible, that’s a compliance issue under 29 CFR 1910.1200(g), not a FOIA issue.

What You Can Request Under FOIA (and What You Can’t)

FOIA generally applies to federal agencies, including OSHA (as part of the U.S. Department of Labor). A FOIA request can be used to ask for existing agency records, such as:

  • OSHA inspection records (as available)
  • Citations and related enforcement documents
  • Certain correspondence or policies
  • Data sets and reports held by the agency

However, FOIA has limits and exemptions. You generally cannot use FOIA to:

  • Force an agency to create new records or answer questions
  • Obtain information withheld under exemptions (e.g., trade secrets, confidential business information, privacy)

Common FOIA exemptions relevant to OSHA records

While the agency determines what it can release, these often matter in workplace cases:

  • Confidential business information (CBI): Chemical identities or proprietary formulas may be protected.
  • Privacy: Names or personal identifiers of employees/witnesses may be redacted.
  • Ongoing enforcement: Some information may be withheld during active investigations.

Before You File: Consider Faster Paths to “Right to Know” Information

FOIA can take time. Depending on your goal, consider whether you can get what you need faster by:

  • Requesting SDSs directly from your employer under 29 CFR 1910.1200(g)
  • Reviewing your employer’s chemical inventory list required under HazCom
  • Using publicly available OSHA resources (press releases, enforcement summaries, establishment search tools)

How SwiftSDS supports OSHA “Right to Know” without the paperwork

Most “right to know” friction happens because SDSs are scattered across binders, emails, and vendor portals. SwiftSDS helps organizations meet HazCom expectations by centralizing SDS access and improving retrieval speed during audits, incidents, and daily operations.

With SwiftSDS, you can:

  • Maintain a centralized SDS library in a secure cloud location
  • Support GHS-aligned hazard communication by keeping current SDS versions available
  • Track a chemical inventory (locations, quantities, expiration dates)
  • Provide mobile access so workers can find SDSs instantly from any device

In many cases, strong SDS management reduces the need for external record hunts because employees can get the information they need immediately.

FOIA Request Sample: Key Elements to Include

A good FOIA request is specific, polite, and clear about what records you want. Whether you call it a freedom of information act request letter or a foia request letter, include:

  • The agency office you’re requesting from (OSHA National Office, Regional Office, or Area Office)
  • A clear description of the records
  • A date range
  • The preferred format (electronic copies when possible)
  • Fee willingness/limit and fee waiver request (if applicable)
  • Contact information

Tips to make your FOIA request more effective

  • Use precise terms like “inspection case file,” “citations,” “closing conference notes,” or “sampling results” when you know them.
  • Include establishment name, address, and inspection date if relevant.
  • Ask for “reasonably segregable” portions if parts are exempt (so you still get what can be released).

Freedom of Information Act Request Letter (FOIA Request Letter Template)

Use this foia request sample as a starting point and adapt it to your situation:

FOIA request letter (sample)

[Your Name]
[Your Organization, if any]
[Your Mailing Address]
[City, State ZIP]
[Phone Number]
[Email Address]

[Date]

FOIA Officer
U.S. Department of Labor – OSHA
[OSHA Office/Region/Area Office Address or Email]

Subject: Freedom of Information Act Request

Dear FOIA Officer:

Pursuant to the Freedom of Information Act, I request access to and copies of the following records maintained by the Occupational Safety and Health Administration:

  1. [Describe the specific records requested, e.g., “the complete inspection case file”] related to [Employer/Establishment Name], located at [Address], for the time period [Start Date] to [End Date], including but not limited to citations, photographs, sampling results, related correspondence, and closing documentation.

  2. Any records reflecting hazard communication-related findings or enforcement actions associated with the above matter, including references to 29 CFR 1910.1200 (Hazard Communication).

If any portion of these records is exempt from disclosure, please provide the non-exempt portions that are reasonably segregable, and describe the basis for any withholding or redaction.

I request that the records be provided in electronic format (PDF or other commonly used format) via email or a download link, if available.

Fees: I am willing to pay reasonable duplication and processing fees up to $[amount]. If you anticipate fees exceeding this amount, please contact me before proceeding. [Optional: I also request a waiver or reduction of fees because disclosure is in the public interest and is not primarily in my commercial interest.]

Please confirm receipt of this request and provide a tracking number. If you have questions or require clarification, I can be reached at [phone/email].

Sincerely,
[Your Name]

Connecting FOIA to OSHA “Right to Know” in Real Workplaces

FOIA is useful when you need visibility into agency-held records—for example, to understand whether HazCom issues were cited, whether sampling was performed, or what corrective actions were documented. Still, day-to-day “right to know” compliance lives inside the facility:

  • SDSs must be accessible during each work shift (HazCom)
  • Employees must be trained to understand labels and SDS sections
  • Chemical inventories should be accurate and current

Where SwiftSDS fits in a compliance program

If your goal is fewer gaps and faster access—not more paperwork—SwiftSDS helps make “right to know” practical:

  • One place to store and retrieve SDSs, including old versions if needed
  • Faster SDS access during incidents, audits, or employee questions
  • Clear visibility into which chemicals are onsite and where

For organizations managing multiple sites, this can be the difference between reactive scrambling and consistent compliance.

Next Steps

If you’re pursuing additional OSHA records, use the foia request sample above to create a clear, targeted freedom of information act request letter. And if the real problem is SDS access, inventory accuracy, or keeping documents current, address the root cause with a dedicated SDS management platform.

Call to action: Streamline OSHA “right to know” compliance and make SDS access effortless—explore SwiftSDS and see how a centralized SDS library, GHS support, inventory tracking, and mobile access can reduce risk and improve readiness. Visit SwiftSDS to learn more or request a demo.