COMPARISON: STATE VS. FEDERAL
Georgia is not a “state plan” state; that is, it does not have a federally approved occupational safety and health regulatory program. The federal Occupational Safety and Health Act governs occupational safety and health, including safety data sheet (SDS) requirements, in the private sector workplace. State government agency employers are governed by the Public Employee Hazardous Chemical Protection and Right-to-Know Act, which has adopted exemptions for applicability of the law, and requirements for employee rights that are stricter than federal requirements.
For information on the federal requirements, see the national analysis SDS.
The Occupational Safety and Health Administration (OSHA) administers and enforces occupational safety and health, including SDS requirements, in the private sector workplace. The Georgia Department of Labor Safety Engineering administers and enforces occupational safety and health at state agencies, including SDS requirements.
Rules and Regulations of the State of Georgia 300-3-19-.06
Municipal and county employers, including school systems, are exempt from the SDS requirements of state and federal law.
Laboratories are not required to prepare SDSs for compounds created as a result of an experiment, unless large quantities of the compound are to be used in subsequent experiments or if the compound is to enter public commerce.
Code of Georgia Annotated 45-22-7
If an employee requests an SDS and it is not available within 5 days, the employee may refuse to work with the chemical until the SDS is provided (except that state employees may not refuse to perform essential services). The employer may transfer the ...