Guide
Employee Right to Know: Your HazCom Rights as a Worker
The employee right to know, as set out in OSHA's Hazard Communication Standard, means workers have a right to information about the hazardous chemicals they work with. In practice that means labeled containers, access to safety data sheets during their shift, and training to understand the hazards and protective measures, delivered before they begin working with the chemicals.
Last updated by SDS Lookup
What the right includes
- Labels. Containers of hazardous chemicals in the workplace must be labeled. See labeling requirements.
- Safety data sheets. A sheet for each hazardous chemical must be readily accessible in the work area during each shift. See SDS binders and digital access.
- Training. Employees must be trained when first assigned to work with hazardous chemicals and when new hazards are introduced. See HazCom training requirements.
- A written program. The employer must have a written hazard communication program that is available to employees and their representatives.
Access to exposure and medical records
A separate OSHA standard (29 CFR 1910.1020) gives workers and their designated representatives the right to see their own exposure and medical records, and the right to see records of exposure measurements for their work area. It also covers how long such records must be kept; see how long to keep SDS records.
How to use your rights in practice
- Ask where the sheets are. You should be told, and be able to get to them, without asking a manager each time.
- Read the sheet before using a new product. Start with Section 2 and then Sections 4, 7 and 8. Our reading guide shows how.
- Check the label. A container with no label, or a hand-written one with no hazard information, is a problem to raise.
- Ask for training if you have not had it, or if a new chemical arrives.
- Tell your supervisor or safety representative if the sheet is missing, if the label and the sheet do not match, or if you notice symptoms you suspect are connected to a chemical.
Raising concerns and protection from retaliation
Workers may raise safety concerns with their employer and may file a complaint with OSHA or their state OSHA program. Federal law prohibits employers from retaliating against employees for exercising their safety and health rights. Strict deadlines apply to retaliation complaints, so if you believe you have been treated unfairly, contact OSHA promptly and check the current time limits on OSHA's website.
What employers should do
Employers meet the right to know by keeping an up-to-date inventory, labeling containers, maintaining sheets, training workers, and ensuring that contractors and temporary workers are included. When several employers share a site, the standard requires them to exchange information about hazards and the location of sheets. See also chemical inventory management.
Other countries have comparable systems, such as Canada's WHMIS (see WHMIS). The details of rights and training differ by province or state.
Worked scenario: a new solvent on the shop floor
A new solvent appears on your line, and the container has a label but nobody has mentioned it. You are entitled to ask three things. First, where is the safety data sheet, and can you read it now? Second, has anyone been trained on it, and if the hazards are new to the workplace, when will training happen? Third, what protective equipment and ventilation are required, and is it provided at no cost to you?
A good supervisor will have a short answer to each. If not, that is a signal to involve the safety representative before starting work with the product. Knowing the hazards in advance is the point of the standard, and it is hard to catch up afterwards.
A worker's checklist
- I know where the safety data sheets for my work area are and can open them without asking permission.
- I have been trained on the chemicals in my area and on what the label pictograms mean.
- I know who to call and what to do in a spill or exposure.
- Containers I use are labeled, including bottles that someone has filled.
- I know how to report a missing sheet or an unlabeled container.
If you can tick all five, your workplace is doing the basics well.
Frequently asked questions
What is the right to know law?
It is the common name for the Hazard Communication Standard, which gives US workers the right to information about workplace chemical hazards through labels, safety data sheets and training.
Can my employer refuse to show me an SDS?
No. Employers must make sheets readily accessible to employees during their shift. If you cannot get one, raise it with a supervisor, a safety representative or OSHA.
Do temporary and contract workers have the same rights?
Generally yes. Employers, including staffing agencies and host employers, share responsibility for ensuring workers have hazard information and training.
Where can I report a missing SDS?
Start with your supervisor or safety representative. If the issue is not resolved, you can contact OSHA or your state occupational safety agency.