On October 16, the U.S. Occupational Safety and Health Administration (OSHA) announced expanded guidance for animal slaughtering and processing industry inspections (NAICS 3116). Notably, this new guidance document supersedes OSHA’s previous inspection guidance specific to a subset of this NAICS, poultry slaughtering and processing establishments (NAICS 311615).
OSHA states that the goal of the update is to significantly reduce injuries and illnesses resulting from occupational hazards through a combination of enforcement, compliance, assistance, and outreach.
The update comes on the heels of new data suggesting that meat and poultry workers report serious injuries at double the rate of other workers, citing specifically hazards such as “high noise levels, dangerous equipment and machinery, slippery floors, hazardous chemicals and biological hazards associated with handling animals.”
OSHA listed programmed and unprogrammed inspections in NAICS 3116 establishments that would be covered, including:
- Ergonomics/Musculoskeletal Disorders
- Personal Protection Equipment (PPE)/Payment for PPE
- Lockout/Tagout – Electrical
- Machine Guarding
- Slips, Trips, and Falls
- Process Safety Management – Ammonia
- Chemical hazards – Ammonia, Chlorine, Hydrogen Peroxide, Peracetic Acid, Carbon Dioxide
- Occupational Noise
- Egress and blocked exits
- Sanitation and cleanup operations
OSHA Standards That Should be on Your Radar
Businesses who fall into the ambit of the new guidance document should focus on compliance. The top 10 most frequently cited safety standards across the affected industry are as follows:
- Control of Hazardous Energy (29 C.F.R. §1910.147)
- General Requirements for all Machines (29 C.F.R. § 1910.212)
- Process safety management of highly hazardous chemicals (29 C.F.R. § 1910.119)
- General (29 C.F.R. § 1910.303)
- Powered Industrial Trucks (29 C.F.R. § 1910.178)
- Wiring methods, components, and equipment for general use (29 C.F.R. § 1910.305)
- Hazard Communication (29 C.F.R. § 1910.1200)
- Mechanical power-transmission apparatus (29 C.F.R. § 1910.219)
- Fall Protection and Falling Object Protection (29 C.F.R. § 1910.28)
- General Requirements (29 C.F.R. § 1910.22)
OSHA also noted that it would focus on initiating referrals and exchange of information between itself and the Department of Labor’s Wage and Hour Division to investigate potential unlawful wage and hour practices and child labor violations.
Facilities affected by this new guidance document (especially those regions subject to ongoing Regional or Local Emphasis Programs) should review the standards listed above and ensure compliance via a safety audit or walkthrough of your facility. Affected facilities should also consider developing a response plan for when an OSHA compliance officer arrives on site, which could include contacting legal counsel, determining who the main point of contact will be, who will be in the inspection party, and how you will respond to the request for inspection.
Please contact a Husch Blackwell Food Systems or Safety and Health attorney with any questions about this new development.