Open records law and OSHA Right to Know: what employers should understand
“OSHA Right to Know” generally refers to workers’ rights under OSHA’s Hazard Communication Standard (HazCom), 29 CFR 1910.1200, to receive information about hazardous chemicals in their workplace. In parallel, open records law (often called an open records act) and other public disclosure laws govern when government-held records must be released to the public.
These two concepts intersect more often than many safety teams expect. OSHA-related records may be requested from government agencies under state open records acts or federal public disclosure frameworks, while employers must manage their own internal obligations to provide hazard information to employees. Understanding where each rule applies—and what documents you need to keep organized—reduces risk, improves trust, and supports compliance.
Key point: OSHA “Right to Know” is about employee access to hazard information at work; open records law is about public access to certain government records.
What “OSHA Right to Know” requires (and where records come from)
OSHA’s HazCom standard is built around ensuring employees can identify chemical hazards and protect themselves. In practice, that requires accurate, accessible documentation and training.
Core HazCom obligations under 29 CFR 1910.1200
Employers must, among other duties:
- Maintain a written Hazard Communication Program (1910.1200(e))
- Ensure containers are labeled with required information (1910.1200(f))
- Maintain and provide access to Safety Data Sheets (SDSs) (1910.1200(g))
- Provide effective employee information and training (1910.1200(h))
These requirements generate records that can become relevant in inspections, internal audits, or government-held files (for example, documents produced during an OSHA inspection).
Employee access to exposure and medical records
In addition to HazCom, OSHA’s 29 CFR 1910.1020 gives employees rights to access certain exposure and medical records. While 1910.1020 is not an “open records law,” it is a critical part of “right to know” in workplaces where exposure monitoring or medical surveillance exists.
What an open records act is—and why EHS teams should care
An open records act (or open records law) is a state statute that requires state or local agencies to disclose certain records on request. At the federal level, similar public-access principles exist under the Freedom of Information Act (FOIA). Many people loosely refer to all of these as public disclosure laws.
For EHS and compliance professionals, open records requests can affect:
- Incident-related communications that end up in agency hands
- Inspection-related documents (citations, narratives, photos) retained by agencies
- Permitting files, spill reports, and enforcement correspondence
Even if your organization is not a public entity, your information may appear in government records once submitted to, collected by, or generated within an agency process.
Where open records law can intersect with OSHA information
Open records and OSHA “Right to Know” are not the same, but they can converge in real-world situations.
Scenario 1: Requests for OSHA inspection or enforcement records
If an OSHA inspection occurs, the agency creates and retains records (e.g., citations, case notes, certain correspondence). Under applicable public disclosure laws, those records may later be requested by:
- Journalists
- Labor organizations
- Community groups
- Competitors
- Attorneys
The exact releasability depends on the jurisdiction and the type of record, and certain information may be withheld or redacted (for example, privacy-related data).
Scenario 2: Community “right-to-know” and chemical information
Some stakeholders use open records laws to obtain government-held documents about chemical hazards—such as fire department inspection records, environmental spill responses, or building permits. While HazCom focuses on employees, community concerns often focus on chemical presence, storage, and emergency response readiness.
Scenario 3: Public-sector employers
If you are a public employer (e.g., a school district, municipality, public university), your SDS program records may be subject to your state’s open records act. That can include:
- SDS libraries
- Chemical inventories
- Training materials
- Program documentation
In these cases, SDS management isn’t just an OSHA compliance activity—it can also be part of an open records compliance workflow.
Common documents involved—and how to manage them responsibly
Whether you are responding to OSHA requirements or anticipating open records/public disclosure requests, strong document control matters.
Documents tied directly to OSHA HazCom (29 CFR 1910.1200)
- Current SDSs for each hazardous chemical
- A written Hazard Communication Program
- Labeling systems and workplace labeling procedures
- Training content and records (what was covered, when, and for whom)
Documents that often become “discoverable” in agency files
- Inspection reports and correspondence
- Incident summaries and corrective action documentation
- Chemical inventory submissions to agencies (when required)
Watch-outs: trade secrets and confidential business information
Employers sometimes assume an SDS is a “trade secret document,” but HazCom includes specific rules regarding disclosure. Under 1910.1200(i), chemical manufacturers and importers may withhold specific chemical identity in limited cases if they meet trade secret criteria, while still providing required hazard information. The practical takeaway is:
- Keep SDSs accurate and compliant
- Understand what is legitimately confidential vs. what must be disclosed
- Maintain clear internal procedures for handling requests and approvals
Practical compliance steps for aligning OSHA Right to Know with public disclosure realities
A proactive approach reduces scramble when someone asks, “Where are the SDSs?” or when a record request arrives.
1. Centralize your SDS library and chemical inventory
Disorganized SDS binders, outdated PDFs, and fragmented chemical lists create avoidable risk. A centralized system also helps demonstrate good-faith compliance with 1910.1200(g) (SDS access) and supports faster response when information is requested.
2. Ensure SDS access is truly “readily accessible”
HazCom requires SDSs be readily accessible to employees during each work shift. That means your process should work when:
- The primary computer is down
- Supervisors are offsite
- Employees are in the field or at remote locations
3. Maintain training documentation that matches your hazard profile
Training under 1910.1200(h) must cover the hazardous chemicals present and protective measures. Keep training materials and attendance records organized so you can demonstrate consistency over time.
4. Prepare a response workflow for information requests
Even if you’re not a public entity, you may receive questions from employees, contractors, or community stakeholders. Establish:
- A point of contact (EHS, HR, or compliance)
- A process for verifying the request scope
- A legal review step when confidentiality is a concern
- A method for documenting what was provided and when
How SwiftSDS supports OSHA Right to Know and SDS management challenges
SwiftSDS helps employers meet HazCom documentation and access expectations with a modern, organized approach. With a centralized SDS library in a secure cloud-based platform, teams can store, organize, and retrieve SDSs quickly—supporting employee access requirements under 29 CFR 1910.1200(g).
SwiftSDS also supports:
- Chemical inventory management to track locations, quantities, and expiration dates
- Mobile access so employees can pull SDS information from any device during the work shift
- GHS support to align hazard classification and labeling information with current SDS formats
- Better consistency for audits, inspections, and internal reviews by keeping program documents organized
When open records or public disclosure concerns arise—especially for public-sector employers—having accurate, centralized information reduces the burden of locating documents and helps ensure the right versions are shared.
Call to action
If you want to strengthen your OSHA Right to Know program and reduce the chaos of scattered SDS files, SwiftSDS can help you centralize your SDS library, manage chemical inventory, and provide fast mobile access for workers.
Explore how a streamlined SDS system can support compliance: Request a SwiftSDS demo or Learn more about SDS management.