Information law and OSHA’s Right to Know: what employers must provide
In the workplace, “right to know” typically refers to an employee’s right to receive hazard information about the chemicals they may be exposed to. While OSHA is not an “information law” agency in the same way as a public records statute, OSHA’s Hazard Communication Standard (HCS), 29 CFR 1910.1200, functions like an information legal framework: it requires employers to generate, maintain, and share specific hazard information with workers.
For employers, the practical question is simple: Can every affected employee quickly access accurate chemical hazard information—at the time and place they need it? If not, the organization may be at risk of noncompliance, safety incidents, and avoidable downtime.
OSHA’s “Right to Know” is operationalized through written hazard communication programs, labeling, Safety Data Sheets (SDS), and effective employee training.
What “information law” means in a chemical safety context
The keyword phrase information law is often used broadly to describe rules governing access to information and required disclosures. In OSHA Right to Know terms, “information legal” obligations show up as enforceable requirements to:
- Collect hazard information (e.g., SDS for each hazardous chemical)
- Maintain the information (ensure documents are complete, current, and retrievable)
- Disclose the information to workers (access without barriers)
- Communicate the information effectively (training and labeling)
OSHA’s Hazard Communication Standard is explicit about the employer’s responsibility to ensure hazard information is available and understandable to employees—especially during routine operations and emergencies.
OSHA regulations that create “information legal” duties for Right to Know
Hazard Communication Standard (29 CFR 1910.1200)
OSHA’s HCS establishes the core “right to know” information requirements. Key pillars include:
- Written HazCom Program (29 CFR 1910.1200(e))
- Labels and other forms of warning (29 CFR 1910.1200(f))
- Safety Data Sheets (29 CFR 1910.1200(g))
- Employee information and training (29 CFR 1910.1200(h))
In practice, these requirements operate like an information law: they mandate that hazard information exists, is controlled, and is shared.
Safety Data Sheet access (29 CFR 1910.1200(g))
OSHA requires employers to maintain SDS for each hazardous chemical and ensure they are readily accessible to employees in their work area during each work shift. “Readily accessible” is a recurring compliance issue—especially for multi-site operations, shared workspaces, or mobile teams.
Common SDS access pitfalls include:
- SDS stored in a locked office or supervisor’s desk
- Outdated SDS versions in binders
- Inconsistent SDS availability across shifts or locations
- No practical access during an emergency (spill, exposure, fire)
Labeling and GHS alignment (29 CFR 1910.1200(f))
The HCS is aligned with the Globally Harmonized System (GHS) for hazard classification and labeling. Container labels must include required elements such as product identifier and hazard warnings, and workplace labeling must effectively convey hazards.
From an information legal perspective, labeling is “front-line disclosure”—it’s the first hazard communication workers see.
Training and comprehension (29 CFR 1910.1200(h))
Right to Know isn’t satisfied by simply having documents on file. OSHA requires training at the time of initial assignment and when new hazards are introduced. Training must cover:
- The requirements of the HazCom standard
- Operations where hazardous chemicals are present
- Location/availability of the written program, chemical list, and SDS
- Methods to detect chemical presence or release
- Hazards, protective measures, and labeling/SDS understanding
An “information law” approach emphasizes access plus usability: employees must be able to find and understand the information.
How SDS management supports compliance and reduces risk
Because SDS are a core compliance record and a core safety tool, SDS management is where many organizations feel the day-to-day friction of “information legal” duties.
What a compliant SDS process should accomplish
A practical SDS management program should ensure:
- Completeness: an SDS exists for every hazardous chemical onsite.
- Accuracy and currency: the SDS is the most recent version available from the manufacturer or importer.
- Accessibility: employees can retrieve SDS immediately—without needing special permission.
- Consistency across sites: multi-facility organizations have standardized access.
- Emergency readiness: SDS can be accessed during power loss, spills, medical events, or evacuations (as applicable to your hazard assessment and procedures).
Where “information legal” obligations meet real operations
Even well-intentioned employers struggle when:
- Chemical inventories change faster than binders get updated
- Contractors bring chemicals onsite without coordinated documentation
- Decentralized purchasing leads to duplicate products and missing SDS
- Employees rely on “tribal knowledge” instead of documented hazards
OSHA citations often stem from breakdowns in basic information governance: missing documents, poor access, and inadequate training.
SwiftSDS as a practical solution for Right to Know information duties
Meeting OSHA’s Right to Know expectations requires more than storing PDFs—it requires a system that supports day-to-day access and control. SwiftSDS helps organizations operationalize their information law responsibilities under 29 CFR 1910.1200 by simplifying how SDS and chemical data are managed.
With SwiftSDS, companies can:
- Build a centralized SDS library in a secure cloud location so employees can find documents quickly
- Support OSHA compliance by keeping SDS organized and accessible for each hazardous chemical
- Maintain GHS support so hazard classification and labeling alignment is easier to manage
- Use chemical inventory management to track chemical locations, quantities, and expiration dates—helping keep the SDS list and onsite reality aligned
- Provide mobile access, enabling workers to retrieve SDS instantly from any device (critical for dispersed teams and fast response)
Instead of chasing binders and email attachments, safety managers can focus on training quality, job hazard controls, and continuous improvement.
Building a Right to Know program that stands up to scrutiny
A strong Right to Know program combines regulatory compliance with practical “information legal” controls. Consider these steps:
1. Verify your written HazCom program is current
- Confirm it reflects how SDS are accessed (including after-hours and remote access)
- Identify responsible roles for maintaining chemical lists, SDS, and labeling
2. Reconcile chemical inventory to SDS library
- Compare purchase records, storage areas, and process chemicals to your SDS list
- Remove discontinued chemicals and archive records per your internal retention policy
3. Test SDS accessibility like an employee would
- Ask employees on each shift to locate an SDS within minutes
- Check access from typical work areas (not just the safety office)
4. Strengthen training to emphasize finding and using information
- Train workers to interpret SDS sections (e.g., first-aid measures, exposure controls)
- Include drills or scenarios that require locating an SDS during an incident
5. Audit labeling practices
- Ensure secondary containers and workplace labels convey hazards appropriately
- Confirm shipped containers remain labeled and legible
Why this matters: safety, trust, and liability control
When organizations treat HazCom as an “information law” system—where hazard data is controlled, accessible, and actionable—they improve more than compliance. They improve response time during exposures, reduce confusion during emergencies, and build worker trust.
In OSHA Right to Know, information isn’t administrative overhead; it’s a frontline safety control.
If employees can’t access SDS quickly, they can’t make informed decisions during spills, exposures, or routine handling—and employers may fall short of 29 CFR 1910.1200 expectations.
Next step: modernize Right to Know information management
If you’re relying on scattered binders, outdated PDFs, or inconsistent site practices, it may be time to treat hazard communication like the information legal obligation it is. SwiftSDS makes it easier to centralize SDS, align inventory with documentation, and provide fast mobile access—helping you support OSHA’s Right to Know requirements with confidence.
Ready to simplify your HazCom program? Explore SwiftSDS features and request a walkthrough: SwiftSDS platform