The Right To Know Standard: Tips for Employers and Employees

The Right to Know Standard is a fundamental occupational health and safety regulation that mandates employees be informed about the hazardous chemicals they may be exposed to in the workplace. It ensures that workers are not kept in the dark about potential risks and hazards that can affect their safety, health, and well-being.

This standard is not just a policy recommendation—it’s a legal requirement under the Occupational Safety and Health Administration (OSHA) in the United States. For employers, non-compliance can result in serious legal and financial consequences.

Definition and Core Principles of “The Right to Know Standard”

The Right to Know Standard primarily refers to the Hazard Communication Standard (HCS), codified in 29 CFR 1910.1200. This regulation provides employees with the right to access information about:

• The identity of hazardous chemicals they may be exposed

• The health and physical risks associated with those chemicals

• Protective measures are required to safely handle those substances

At its core, the standard is grounded in three essential principles:

1. Awareness – Employees have the right to know the names and risks of the chemicals they are exposed to.

2. Access – Employees must have access to labels, Safety Data Sheets (SDS), and training materials.

3. Protection – Employees must be trained in how to safely work with hazardous substances and how to respond in emergencies.

Legal Foundations: OSHA’s Hazard Communication Standard (29 CFR 1910.1200)

The legal basis for the Right to Know Standard is OSHA’s Hazard Communication Standard (HCS). First promulgated in 1983 and revised in 2012 to align with the Globally Harmonized System (GHS), the standard is a legal requirement for all U.S. workplaces where employees may be exposed to hazardous chemicals.

Key legal obligations include:

• Classifying chemicals according to their health and physical hazards

• Providing proper labeling and warnings

• Supplying Safety Data Sheets (SDS) for each hazardous chemical

• Implementing training programs for workers

Legal citations:

• 29 CFR 1910.1200 (e): Written hazard communication program

• 29 CFR 1910.1200 (g): Safety Data Sheets

• 29 CFR 1910.1200 (h): Employee training and information

Failure to comply can result in citations, fines, and even shutdowns enforced by OSHA.

Key Components of the Right to Know Standard

The Right to Know Standard comprises five interrelated components:

1. Chemical Inventory: A complete list of hazardous substances present in the workplace.

2. Labels and Warnings: Proper labeling on containers and immediate use containers.

3. Safety Data Sheets (SDS): Detailed documentation of each chemical’s properties, risks, and safety measures.

4. Employee Training: Comprehensive instruction regarding chemical risks and safe handling procedures.

5. Written Program: A formal hazard communication plan accessible to all employees.

These components form a systematic approach to hazard communication and ensure regulatory compliance.

Employer Responsibilities Under the Standard

Under the HCS, employers bear the ultimate responsibility for ensuring compliance. The legal obligations include:

• Creating a Written Hazard Communication Program
  Employers must develop, implement, and maintain a written hazard communication plan that details how the standard will be met, including labeling, SDS access, and training.

• Maintaining a Chemical Inventory
  A current and accurate list of all hazardous chemicals in the workplace must be maintained and updated regularly.

• Ensuring Proper Labeling
  Employers must ensure all containers are properly labeled according to GHS requirements, including product identifier, signal word, hazard statement, pictograms, and precautionary statements.

• Providing Safety Data Sheets (SDS)
  Employers must ensure that an SDS is available for each hazardous chemical and that employees have immediate access to these sheets during their work shift.

• Conducting Training
  Employers are required to train employees:

  • At the time of their initial assignment

  • Whenever a new chemical hazard is introduced

Employee Rights and Obligations

The Right to Know Standard is designed to protect workers, but it also places some responsibility on employees. They have the right to:

• Access and review the SDS for any hazardous chemical

• Receive training and ask questions about chemical hazards

• Refuse unsafe work involving uncommunicated hazards (protected under the OSHA whistleblower laws)

Employees must also:

• Follow the safety protocols communicated to them

• Report any labeling deficiencies or missing SDS

• Participate actively in training sessions

Labeling Requirements

Under the revised HCS aligned with GHS, labels must include:

• Product Identifier: Name or code for the chemical

• Pictograms: Standardized images indicating the chemical’s hazards

• Signal Words: Either “Danger” or “Warning” based on the severity of the hazard

• Hazard Statements: Specific risks such as “May cause cancer” or “Flammable”

• Precautionary Statements: Safety instructions such as “Keep away from heat”

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Employers must not rely solely on manufacturer labeling. Secondary containers must also be properly labeled if the contents are not used immediately by the person who filled the container.

Safety Data Sheets (SDS) Explained

SDSs are critical documents that provide comprehensive information on each hazardous chemical. Each SDS must follow a standard 16-section format under GHS, including:

1. Identification

2. Hazard(s) identification

3. Composition/information on ingredients

4. First-aid measures

5. Fire-fighting measures

6. Accidental release measures

7. Handling and storage

8. Exposure controls/personal protection

9. Physical and chemical properties

10. Stability and reactivity

11. Toxicological information
    12–15. Ecological, disposal, transport, and regulatory information

12. Other information

Employers must ensure SDSs are:

• Readily accessible during every shift

• Updated promptly when new information becomes available

Training Requirements Under the Standard

Training is not a one-time requirement—it must be continuous and comprehensive. According to 29 CFR 1910.1200(h), training must include:

• Details of the hazard communication program

• Information on the hazardous chemicals in the work area

• How to detect the presence of hazardous chemicals

• Protective measures and emergency procedures

Training must be understandable to all employees. For non-English speakers, employers must provide translated materials and verbal instructions in the workers’ primary language.

Enforcement and Penalties for Non-Compliance

OSHA takes the Right to Know Standard seriously. Enforcement actions include:

• Unannounced Inspections

• Document Reviews

• Interviews with Employees

Penalties can range from $16,131 per serious violation (as of 2025) to over $160,000 for willful or repeated violations.

Common violations include:

• Missing or outdated SDS

• Inadequate training records

• Improper labeling

• Failure to maintain a written program

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Repeated violations can lead to enhanced penalties and may trigger criminal charges under the OSH Act.

The Role of the Globally Harmonized System (GHS)

The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was adopted by OSHA in the 2012 revision of the HCS. The aim was to:

• Standardize chemical classification worldwide

• Improve comprehension of hazards

• Reduce confusion caused by inconsistent labeling

The GHS framework introduced pictograms, standardized label formats, and the 16-section SDS format. Employers must align all hazard communication practices with GHS standards.

Industry-Specific Considerations

While the HCS applies broadly, certain industries have specific exemptions or additional requirements:

• Construction Industry: Often involves transient chemical use; training must be job-specific.

• Healthcare: Must account for biohazards and pharmaceuticals in chemical inventories.

• Manufacturing: Requires high scrutiny of process-related chemicals.

• Laboratories: Covered under the Laboratory Standard (29 CFR 1910.1450), which offers tailored provisions.

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Regardless of sector, the fundamental obligation to inform, protect, and train workers remains unchanged.

Conclusion

The Right to Know Standard, anchored in OSHA’s Hazard Communication Standard (29 CFR 1910.1200), is more than a regulatory requirement—it is a vital tool for empowering workers, preventing chemical exposures, and fostering a culture of transparency in occupational health and safety.

Employers must treat compliance not as a bureaucratic burden but as a moral and legal obligation. Failing to inform workers about chemical hazards can lead to serious injuries, illnesses, legal actions, and reputational damage.

To ensure compliance:

• Maintain updated inventories

• Train your workforce regularly

• Provide accurate labels and SDS

• Establish a written hazard communication plan

By upholding the Right to Know Standard, organizations not only meet their legal duties—they also contribute to a safer, more informed, and more resilient workforce.