Compliance

public information

osha right to knowpublic information, public information act, texas freedom of information act

Public information and OSHA “Right to Know”: how they connect

When people search for public information in the context of “OSHA right to know,” they’re usually trying to understand two overlapping ideas:

  • Employees’ rights to learn about workplace hazards under OSHA’s Hazard Communication Standard (HCS)
  • The public’s ability to access certain government records through open-records laws like a public information act and state “FOIA-style” processes

OSHA’s “right to know” is primarily about workers getting timely access to hazard information—labels, training, and Safety Data Sheets (SDS). Public-records laws are about government transparency. They’re different systems, but they often intersect when a request involves inspection records, citations, or public agencies.

Key takeaway: OSHA HCS (29 CFR 1910.1200) requires employers to provide hazard information to employees. Public-records laws govern what government agencies must disclose to the public.

What is considered public information?

A common question is what is considered public information. In general, “public information” refers to records created, collected, or maintained by a government body in connection with official business, unless an exception applies.

Examples of public information (general)

  • Final agency reports, policies, and meeting minutes
  • Contracts and spending records
  • Some inspection outcomes and enforcement actions
  • Communications and documents that relate to official decisions

Information that may be withheld (common exceptions)

While the details vary by jurisdiction, open-records laws often allow withholding:

  • Trade secrets or confidential business information
  • Security-sensitive information
  • Certain personal privacy data
  • Ongoing investigative materials (in some cases)

In the OSHA context, this becomes relevant when someone seeks records tied to a workplace—like an OSHA complaint, inspection notes, or citation documents. Certain details may be redacted to protect privacy or confidential business information.

OSHA “Right to Know” basics: the workplace side of information access

OSHA’s Hazard Communication Standard, 29 CFR 1910.1200, is the foundation for “right to know” in most general industry workplaces. It requires employers that use or store hazardous chemicals to:

  • Maintain a written hazard communication program
  • Ensure chemicals are properly labeled
  • Provide SDS access for each hazardous chemical
  • Train employees on chemical hazards and protective measures

SDS access is not optional

Under 29 CFR 1910.1200(g), employers must have an SDS for each hazardous chemical and ensure SDSs are readily accessible to employees in their work area during each work shift.

This is often where practical challenges arise:

  • SDS binders become outdated
  • Multiple sites have inconsistent document sets
  • Employees can’t find the SDS quickly during an incident

A centralized SDS management platform like SwiftSDS helps by keeping a secure cloud-based SDS library, improving consistency across locations, and enabling fast mobile access for workers who need information immediately.

Public information act and open-records requests: where OSHA records may be involved

People also ask about a public information act when trying to access records from a governmental entity. In Texas, the main law is commonly referred to as the Texas Public Information Act (TPIA). Many people loosely describe it as a Texas freedom of information act, even though Texas uses its own statute rather than the federal FOIA.

Texas freedom of information act vs. federal FOIA

  • Federal FOIA applies to federal agencies.
  • Texas uses the Texas Public Information Act for state and local government entities.

So if you’re seeking records from:

  • A federal OSHA office: you may use a federal FOIA process.
  • A Texas state agency, city, county, or public university: you may use the Texas Public Information Act process.

This distinction matters because timelines, exemptions, and submission channels can differ.

How to make a Texas FOIA request (Texas Public Information Act request)

A Texas FOIA request is a common way people describe submitting an open-records request under the Texas Public Information Act. While agencies may publish their own procedures, a strong request usually includes the basics needed to identify responsive records.

Practical steps

  1. Identify the correct agency or governmental body that holds the records.
  2. Write a clear request describing the records (dates, locations, project names, case numbers, etc.).
  3. Ask for electronic copies when possible to speed delivery.
  4. Be prepared for redactions or an agency claim of an exception.
  5. Track deadlines and respond promptly if the agency asks for clarification.

Tips to reduce delays

  • Request specific record categories (e.g., “final inspection report,” “citation documents,” “abatement verification,” “correspondence between X dates”).
  • Avoid overly broad “all records” language unless necessary.
  • If your request relates to chemical hazards, specify whether you’re seeking SDSs, chemical inventory lists, training documentation, or enforcement outcomes.

Important: Even if a record is “public,” portions may be redacted to protect confidential business information or personal privacy.

Where OSHA hazard communication and public information overlap

Although OSHA HCS is about employee access, these are common overlap scenarios:

Public agencies as employers

If you work for a public employer (such as a city or county), OSHA coverage can depend on the state. Regardless, many public-sector workplaces follow hazard communication best practices modeled on 29 CFR 1910.1200, and may also be subject to open-records laws.

Requests for inspection and enforcement records

Members of the public, journalists, or attorneys may seek OSHA-related records via FOIA or state public information laws. These requests often focus on:

  • Citations and penalty information
  • Abatement documentation
  • Complaint investigations (with redactions)

Requests involving SDSs and chemical inventory

SDSs are typically supplied by manufacturers and maintained by employers for worker access. Whether an SDS held by a public entity is disclosable under a public information act may depend on factors like trade secret claims and how the record is maintained. When disclosure rules are unclear, agencies may rely on statutory exceptions.

From a compliance standpoint, what matters most for employers is meeting OSHA’s “readily accessible” SDS requirement and maintaining accurate hazard communication documentation.

Building a defensible information program: compliance, speed, and consistency

Whether you’re managing employee “right to know” needs or responding to information requests, strong documentation and retrieval processes reduce risk.

Best practices aligned with 29 CFR 1910.1200

  • Maintain a current chemical inventory and align it to SDSs
  • Verify labels and GHS elements (pictograms, signal words, hazard statements)
  • Document training completion and refreshers
  • Ensure employees can access SDSs during every shift without barriers

How SwiftSDS supports the “right to know” and documentation readiness

SwiftSDS helps organizations reduce SDS management gaps by providing:

  • Centralized SDS Library in a secure cloud location
  • Mobile access so employees can retrieve SDSs instantly from any device
  • Chemical inventory management to track locations, quantities, and expiration dates
  • GHS support to keep hazard communication aligned with modern labeling and classification

These capabilities can make it easier to demonstrate a consistent approach to hazard communication—especially across multiple facilities—while improving response time when employees, supervisors, or auditors need records.

Conclusion: transparency and safety depend on organized information

Understanding public information, the public information act, and how a Texas FOIA request works can help you navigate government-record access. Understanding OSHA’s “right to know,” especially 29 CFR 1910.1200, ensures workers can access hazard information like SDSs and training when it matters most.

If your organization handles hazardous chemicals, the fastest way to reduce compliance headaches is to ensure SDSs are current, accessible, and tied to a maintained chemical inventory.

Call to action: Simplify OSHA hazard communication and SDS access across all your locations—set up a centralized, mobile-ready SDS program with SwiftSDS. Explore SwiftSDS features or request a demo at Contact.