The EPA SDS Notice and the HSW (Hazardous Substances) Regulations set SDS duties in New Zealand. This guide explains when an SDS is required under the EPA Safety Data Sheets Notice and the HSW (Hazardous Substances) Regulations.
It explains the roles of distributors at first supply, how amendments flow through the supply chain, and how SDS connect to site inventories. Review timing and emergency contact expectations are noted. Simple actions support inventories, training, and emergency plans.
When is an SDS required
An SDS is required for each hazardous substance present at a workplace, regardless of the quantity held. The table shows, at a glance, when a safety data sheet must be provided and what actions apply under the Hazardous Substances (Safety Data Sheets) Notice and the Health and Safety at Work (Hazardous Substances) Regulations 2017.
| Scenario | Brief | Thresholds/conditions | What to do |
|---|---|---|---|
| Hazardous substance at a workplace | SDS form part of the site’s core information. | A hazardous substance is used, handled, or stored at a workplace. | Obtain the current SDS at first supply and at the next supply after an amendment; keep it readily accessible. |
| Importer or manufacturer duties | Information is prepared early and refreshed on schedule. | Before first import or manufacture and on an ongoing basis. | Review and reissue at least every five years, and amend whenever necessary. |
| Supplier duties | Supply and requests both matter. | First supply; next supply after an amendment; requests from workplaces, emergency services, or medical practitioners. | Provide the SDS for each trigger; where no supply has occurred in five years, treat the next transaction as first supply. |
| Consumer-product situations | Everyday retail use is treated differently. | Use only in typical household amounts and ways, or unopened retail stock on site. | An SDS is not required in these cases; when use goes beyond that, obtain the SDS. |
Requirements for provision, format, and delivery
EPA and WorkSafe NZ provides guidelines for provision, format, and workflow regarding SDSs. This compact checklist lists the requirements below:
| Requirement / Step | What applies | Quick check |
|---|---|---|
| Timing (first supply) | Obtain or provide the current SDS at or before first supply to the workplace and again after any amendment; treat as first supply if no supply in 5 years. | Do you have and deliver the SDS on first or renewed supply and after changes? |
| How to deliver | Paper or electronic is fine. Actual delivery is required. Make access immediate in the work area. | Is the SDS sent directly and reachable without delay on site? |
| Language & local contacts | Provide in English, with New Zealand contact details. Include a NZ freephone emergency number per the Notice. | Does Section 1 show NZ contact info and an appropriate emergency number? |
| Structure (GHS 16 sections) | Follow the 16-section order and content in the Notice. | Do all sections appear and match Schedule requirements? |
| Updates & review | Review at least every 5 years and amend whenever necessary to keep information correct and current. | Is the revision date < 5 years old and changes reflected? |
| Responding to requests | Provide SDS on request to workplace recipients, emergency services, and medical practitioners. | Is your process ready for urgent requests during incidents? |
| Inventory link | Keep the current SDS with the site inventory; ensure emergency services can access it during and after an incident. | Is the inventory up to date and easy to reach? |
Obligations after initial supply
SDS are reviewed at least every five years and amended as needed. After amendment, the revised SDS is provided at the next supply; if no supply has occurred in five years, the next sale is treated as first supply for SDS purposes. GHS 7 classifications and required New Zealand contact and emergency information are reflected in the document.
Ensure access in the company
SDS are central to risk management and training. Keep them readily accessible to workers in their areas and to emergency services. For mobile crews, you may keep SDS at the principal place of business if workers can immediately get key information in an emergency. Store SDS with the site inventory and link them to training and procedures.
Key takeaway to stay compliant
Reliability improves when SDS reviews are scheduled, amendments flow to the next supply, site inventories are linked to current SDS, and emergency access for workers and responders is straightforward.
Frequently asked questions (FAQ)
Do I have to send a new SDS with every order?
Provide an SDS at first supply, and at the next supply after any amendment. You must also provide it on request. Treat a new sale as first supply if there was no supply to that workplace in 5 years.
Can I use an overseas SDS?
Yes, if it meets the Notice and includes required New Zealand-specific information, such as contact details and emergency number. Check format and content against the NZ Notice.
Do workers need access on site, or can SDS sit at the head office?
SDS must be readily accessible in work areas. For mobile crews, keeping SDS at the principal place is acceptable if they can immediately obtain key information during an emergency.
What counts as “first supply”?
It is the first time a substance is supplied to the workplace, and also when it is supplied again after 5 years without supply, or after the SDS is amended.
Do I need an SDS for a consumer product used occasionally?
No, if it is used only in amounts and ways consistent with household use, or if it is unopened retail stock. Provide enough safe-use information in those cases. If use exceeds household levels, obtain the SDS.