A current SDS must be kept in your workplace inventory for every hazardous substance you hold. Once a product leaves your workplace, no fixed statutory period applies to the SDS. Holding onto it as an exposure record is widely considered good practice. This article covers both requirements and what to do when a supplier sends a revised version.
How Long Must an SDS Be Kept According to HSWA
New Zealand's hazardous substance rules split SDS obligations across two distinct situations. One applies while a substance is on site. The other is about keeping records after a substance leaves. For anything currently in your workplace, both considerations apply at once.
While the Substance Is in Use
PCBUs must hold a current SDS for every hazardous substance in their inventory. This requirement sits under the Health and Safety at Work (Hazardous Substances) Regulations 2017.
SDS content and format are set by the EPA under HSNO, via the Hazardous Substances (Safety Data Sheets) Notice 2017. All SDSs must meet the updated requirements that came into full effect on 30 April 2025. No transitional exemptions remain.
Getting the SDS to a worker handling the substance should take no more than ten minutes. A binder on the shelf works fine. A digital system works too, provided workers can access any SDS immediately, even if the power or internet goes down.
After You Stop Using the Substance
When a product leaves your inventory, the obligation to keep it in your active records drops away. What happens next depends on whether workers were exposed during its use.
Exposure History: Unlike some other jurisdictions, New Zealand has no fixed statutory period for retaining SDSs after a substance is discontinued. That said, an SDS from a product workers regularly handled is a useful exposure record. Occupational conditions linked to chemical use can surface years or even decades after the fact.
What to Keep: Holding onto the SDS itself is the most practical option. If that isn't workable, a substitute record that names the substance, notes where it was used, and covers the period of use gives you something to fall back on.
The Substitute Record Trap: Workplaces that go the substitute route often forget to write down those details before discarding the original SDS. Once it's gone, rebuilding that information from scratch is difficult. Keeping the SDS is the safer choice.
The Five-Year Review: WorkSafe guidance recommends obtaining a fresh SDS if five years have passed since a substance was last received. If a substance is still in use after five years and you haven't checked with the supplier, do so now.
What to Do When You Get an Updated SDS
Suppliers update SDSs when a product's composition changes or new hazard information becomes available. When a revised version arrives, the previous one can't simply be tossed out.
- Compare the two versions. Look at whether the list of hazardous ingredients has changed.
- If the composition is unchanged, the new SDS replaces the old one. You can remove the previous version from your records without any long-term retention obligation applying.
- If the composition changed, hold onto both. Each one covers a different period of worker contact with the substance. Keep both for as long as seems reasonable given the exposure history involved.
- Date every version you file away. The period a version was in use is what makes it valuable as a record. An undated pile of old SDSs is hard to use if WorkSafe or a claims process asks questions.
- Don't remove the old version the same day the new one arrives. Move it to your archive at the same time the new one goes into active use.
Who Keeps What Across the Supply Chain
Where you sit in the supply chain shapes what you're responsible for and when.
| Role | SDS Obligation | Retention Requirement |
|---|---|---|
| PCBU (Substance User) | Keep current SDS in workplace inventory; accessible to workers at all times | Retain while in use; keep for exposure history purposes after discontinuation |
| Manufacturer | Prepare compliant SDS before or on first supply; review and update when new hazard information emerges | Keep current; update when new information comes to light |
| Importer/Distributor | Supply a compliant SDS with each hazardous substance; issue updates when they arise | Must provide current SDS on each supply; internal records per own obligations |
One point to watch: import a substance and sell it in New Zealand under your own name. HSNO treats you as the manufacturer from that point. Preparing a fully compliant SDS, including NZ-specific emergency contact details, becomes your obligation from that point.
Building a System That Handles Both Obligations
Keeping SDS records across their full lifespan, from active workplace use through long-term storage, takes some planning. Current sheets belong in your active inventory where any worker can reach them. Older sheets need safe storage away from day-to-day operations.
The step missed most often is noting the date a substance leaves service on the very day it happens. Waiting means the date gets lost. Without it, you have no reliable basis for knowing how long to keep any associated records. For workplaces with a sizeable or changing inventory, a dedicated SDS inventory management system tracks version history and dates automatically. Cloud-backed storage means a single device failure won't erase years of documentation.
Two other things worth sorting out early. If the business is sold, pass any relevant exposure records to the new owner as part of the handover. If it closes without a successor, contact WorkSafe NZ for guidance on what to do with the records. File formats also shift over time, so plan to migrate your archives periodically. A document saved today may not open the same way in twenty years.
Final Thoughts
SDS obligations in New Zealand have two sides. The first is keeping a current, compliant SDS in your active inventory for every hazardous substance on site. The second is deciding what to do with records after a product is discontinued, with exposure history as your guide.
Check your substance inventory against your SDS files this month. For anything you've stopped using, note whether a last-use date is recorded and whether the SDS is stored somewhere findable. Where a supplier changed the product's composition at any point, you'll want both versions. Go through your discontinued substance list and see which ones are missing that basic information. That's where gaps are most likely to appear. They tend to matter when a former worker raises a health concern years later.
Frequently Asked Questions
Is there a legal minimum period for keeping SDSs in New Zealand?
While in use, yes. A current SDS is required in your active inventory. After a substance is discontinued, there is no fixed statutory period. Keeping the SDS as an exposure record remains good practice.
Can you keep SDSs digitally to meet your obligations under HSWA?
Yes. WorkSafe accepts electronic records provided workers can access them without delay. You'll also need a backup system that works if the power or internet goes down.
What if your supplier stops operating and you can't obtain an updated SDS?
The obligation to maintain records stays with you. Document the substance name, where it was used, and the period of use as a substitute record.
Do you need to keep the SDS for a substance you received but never actually used?
If workers were never exposed to it, the exposure history rationale doesn't apply. The active inventory obligation also falls away if the substance was never used in the workplace.
What happens to SDS records when a worker leaves the company?
Retention is tied to the substance, not the individual. Keep the SDS for as long as the exposure history could reasonably matter to that person's health.
Zarif Ahmed
An engineer and safety writer by profession, focusing on chemical management, regulatory development, and the patterns that shape workplace practice over time.