Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should take additional steps to encourage workers to disclose sensitive concerns during OSHA inspections of meat and poultry plants; for example, by considering additional off-site interviews or exploring other options to obtain information anonymously. (Recommendation 1)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA stated that it agrees that workers should be able to report injuries, illnesses, and hazards free of intimidation. OSHA noted that its Field Operations Manual prescribes procedures for facilitating the free and open exchange of information, such as conducting onsite worker interviews without management present. OSHA further stated that when workers indicate interest in offsite interviews, the agency will conduct those interviews as prescribed by the Field Operations Manual. We note in our report that because inspectors inform plant management which workers they want to speak with, supervisors know the identity of workers interviewed onsite. Workers and worker advocates we spoke with expressed concerns about this. OSHA told us that inspectors interview meat and poultry workers offsite infrequently, since these interviews can be challenging and take additional time, and OSHA also may be challenged to find an acceptable venue when the employee is available. In June 2020, DOL informed us that OSHA had signed an alliance with several meat and poultry-related industry associations and that they expect this alliance to help improve overall safety and health for the industry's workers. We continue to believe that there are additional steps OSHA can take to better encourage workers to disclose sensitive concerns, and we look forward to learning how OSHA will draw upon this alliance to help take these steps.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should gather more information, such as by asking workers during meat and poultry plant inspections, to determine the extent to which bathroom access is a problem and how to address any identified issues. (Recommendation 2)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: OSHA stated that meat and poultry workers should have bathroom access as prescribed by the agency's regulations. They noted that if it is observed that processes indicate lack of bathroom access, or if a worker indicates there is an issue, the agency will investigate. Our report identified a mismatch between the concerns we heard from workers about lack of bathroom access and the problems reported by OSHA. We also reported that workers may not volunteer information about lack of bathroom access unless specifically asked. OSHA may choose to address this issue without routinely asking workers about bathroom access, such as by selectively querying workers based on criteria determined by the agency. In June 2020, DOL informed us that OSHA had signed a national alliance with several meat and poultry-related industry associations, and that bathroom access is one of the topics that will be addressed within this alliance, with a goal of developing educational materials. We note that this is a positive step forward, and we continue to stand by our recommendation.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should update its guidance for employers on how to manage their health units to address the challenges of managing these units. (Recommendation 3)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open

Comments: In June 2020, DOL informed us that OSHA continues work on updating its guidance for employers on how to manage their health units to address the challenges of managing these units, and that OSHA anticipates initiating clearance of the draft updated guidance in fall 2020. We will consider closing this recommendation when this effort is complete.

Recommendation: The Assistant Secretary of Labor for Occupational Safety and Health should work with FSIS to assess the implementation of the MOU and make any needed changes to ensure improved collaboration; and set specific timeframes for periodic evaluations of the MOU. (Recommendation 4)

Agency: Department of Labor: Occupational Safety and Health Administration
Status: Open
Priority recommendation

Comments: In February 2020, OSHA reported that OSHA and FSIS drafted an updated MOU, which both parties are reviewing. The two agencies met in Summer 2019 to discuss workplace safety, collaboration between the two agencies, and the implementation of the MOU. During a series of working meetings, they discussed each aspect of the MOU, including training and coordination activities. FSIS and OSHA will continue to meet routinely and review the MOU to determine whether adjustments are needed, as appropriate. We will consider closing this recommendation when this effort is complete.

Recommendation: The FSIS Administrator should work with OSHA to assess the implementation of the MOU and make any needed changes to ensure improved collaboration; and set specific timeframes for periodic evaluations of the MOU. (Recommendation 5)

Agency: Department of Agriculture: Food Safety and Inspection Service
Status: Open
Priority recommendation

Comments: FSIS stated that it already has directives in place to recognize and report hazards affecting FSIS employees, and acknowledged that the MOU was designed to additionally have FSIS employees report hazards affecting plant employees due to the regular presence of its inspectors in plants. FSIS noted that in collaborating with OSHA, FSIS will need to ensure its primary mission is not compromised by undertaking activities that take time and resources away from its food safety inspection responsibilities. In January 2019, OSHA reported that it met with FSIS several times to discuss chemical exposures, referrals, and issues of jurisdiction in state plan states. FSIS subsequently shared the results from a NIOSH health hazard evaluation that was conducted, as well as the efforts to track the source of the infected birds. To fully implement this recommendation, FSIS should strengthen the MOU and develop a mechanism to regularly evaluate it would help ensure that the goals of the MOU are met; leveraging FSIS's presence in plants provides the federal government with a cost-effective opportunity to protect worker safety and health.

Recommendation: The FSIS Administrator should develop a process to regularly share the worker safety information it collects during its review of new chemicals with FSIS inspectors, plant management, OSHA, and the Centers for Disease Control and Prevention's National Institute for Occupational Safety and Health (NIOSH). (Recommendation 6)

Agency: Department of Agriculture: Food Safety and Inspection Service
Status: Open

Comments: FSIS stated that the agency already has a process for sharing chemical safety information with its inspectors. However, FSIS has not provided us with evidence that it has shared the worker safety information it collects related to new chemicals, such as safety information that is specific for dilution levels and conditions of use at plants, as noted in the report. FSIS also stated that it would take certain steps to share information about approval of chemicals with other agencies such as OSHA and NIOSH, but the steps identified did not include sharing worker safety information. Incorporating worker safety information would further help enhance this information sharing. FSIS further stated that some of the information collected during its review of new chemicals may be proprietary.