My employer sells (amongst other things) chemicals around the world. 

I am being increasingly inundated with requests from companies who charge their clients to set up "COSHH databases", asking me to supply SDS's or confirm if the ones they have are up to date.

Of course, we supply SDS's to our customers as required, and also make them available in all relevant languages, on our website.

Is there any obligation to provide them to these third party organisations, or can I simply return a standard email pointing them to the website, and remind them that any updates will be provided to the purchaser?

Article 31 of REACH says” The supplier of a substance or a mixture shall provide the recipient of the substance or with a safety data sheet compiled in accordance with Annex II:” So the legal obligation is only to people in the supply chain, not to 3rd parties. If the  database companies  are charging their customers for this information, I can’t see anything wrong(or illegal) with charging them for supplying the SDS.

Who owns the copyright on an SDS? Not as stupid as it sounds. If you look at the small print on a bank note you will see that the copyright belongs to the Bank of England. The broadcasters  had copyright on their schedules which is why we had to buy the Radio Times and TV Times separately. Many, many years ago it was ruled that the  schedules of football matches were copyright of the Football league which is why the pools companies had to pay  for the right to print off next week’s match schedule.  So why not an SDS except of course for those people who have a statutory right to receive one.

These parasites need removing - they take a clients portfolio of SDS, rearrange content and call it a COSHH assessment. They then harass the supplier for updates. Most do not even bother to see if they already have multiple (including newer) copies of the same document from different customers.

Even with the more professional providers who actually present a letter of authority on behalf of their client I refuse to provide any documentation as the legal obligation is along the supply chain to the customer.

As to posting to a web site this is classed as passive distribution and is not in accordance with the requirements of the regulation on top of which companies often fail to adequatley monitor and update content on the web - feel free to have a look around some major DIY company web sites at their available SDS many are still in the old CHiP format and not the latest manufacturer version.

Those who subscribe to these services should remember you (not the provider) are liable and accountable.

Wouldn't that subscription be better invested in the training & development of your employees?