New Hampshire SDS laws & safety compliance analysis

New Hampshire SDS: What you need to know

Rules. New Hampshire is not a “state plan” state; that is, it does not have its own federally approved occupational safety and health regulatory program. Therefore, private sector employers are governed by the federal requirements for safety data sheets (SDSs).

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Public sector (state and local government) employers in New Hampshire are excluded from coverage under federal workplace safety and health rules. The state, however, has adopted its own rule for hazard communication, the New Hampshire Worker’s Right to Know Act, that governs public sector employers. The rule includes requirements for SDSs that apply to manufacturers, formulators, transporters, distributors, and other parties that handle hazardous chemicals, as well as requirements for employers to maintain SDSs for toxic substances employees may be exposed to in the workplace and inform employees of their availability.

Administration and enforcement. OSHA administers and enforces SDS requirements for private sector employers in New Hampshire. The New Hampshire Department of Labor’s (NHDOL) Safety and Training Division administers and enforces the state’s SDS requirements for the public sector.

RSA 277-A:4

No person in New Hampshire may obtain, purchase, manufacture, formulate, transport, or distribute any toxic substance within the state unless the substance is accompanied by a complete SDS prepared by the manufacturer, producer, or formulator of the substance no more than 1 year old.

Mixtures. Manufacturers, producers, and formulators may provide a single SDS for a product containing a mixture of two or more toxic substances instead of providing a separate SDS for each component only if all ...

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