Risk Insight: Wisconsin Food Manufacturers Should Be Prepared for OSHA’s Local Emphasis Program (LEP)
According to a recent OSHA news release, Wisconsin food manufacturers’ injury rates are nearly 24 percent higher than other production facilities in the state (data based on BLS injury statistics from 2014 – 2020).
OSHA is focusing on workers exposed to serious injury from inadequate machine guarding and control of hazardous energy, and will look to see that workers are properly trained in these programs prior to exposure. As a result, OSHA has developed a Local Emphasis Program (LEP) that will focus on these exposures with randomized inspections.
This Local Emphasis Program covers all Wisconsin establishments in the following North American Industry Classification System (NAICS) codes: 3114xx, 3115xx, 3116xx
OSHA Complaint and Referral Inspections
Area offices will conduct inspections for all complaints and referrals in industries covered by the LEP that allege employee exposure to hazards associated with operating food production machinery or performing service, maintenance, and sanitation tasks on food processing or ancillary equipment.
If OSHA is notified of any imminent danger, fatality/catastrophe, complaints, or referrals in any covered industry, they will incorporate the LEP into their inspection regardless of the reason for complaint.
OSHA Programmed Inspections
OSHA may inspect any establishment within the listed NAICS codes through a random selection process. These inspections may occur on second or third shift due to most sanitation activities taking place on these shifts.
Scope of Inspections
Machine guarding hazards associated with points of operation, ingoing nip points, and moving or rotating parts of food processing equipment will be evaluated. Compliance Safety and Health Officers (CSHOs) will also assess the potential for contact with hot or cold equipment.
Control of Hazardous Energy
Hazardous energy control program associated with servicing, maintenance, setup, and sanitation of equipment, including thermal injuries from contact with hot or cold equipment will be evaluated. Written procedures, authorized and affected training, and the annual periodic inspection will also be inspected.
These inspections will also address hazards associated with chemical burns from corrosives, such as those used during the sanitation process.
While OSHA is inspecting for the LEP they may also be looking for other compliance issues that may generate citations.
Ensure training is completed and documented. All seasonal or temporary workers must receive adequate training in a language they can understand regardless of duration of employment.
- If you fall under the covered industry NAICS codes of the LEP, expect to be inspected.
- Ensure all food processing equipment is adequately guarded in accordance with 1910 Subpart O – Machinery and Machine Guarding.
- Evaluate your hazardous energy control program to ensure all components are in compliance with 1910.147 – The control of hazardous energy (lockout/tagout).
- Review training and expectations with all employees exposed to food processing equipment to ensure they understand the hazards they are exposed to and how to mitigate them
- The LEP became effective April 19, 2022. There will be three months of OSHA outreach prior to any inspection activity.
- If your facility received a comprehensive safety inspection from OSHA within the past 24 months, reach out to your OSHA area office, as your facility could be deleted from the inspection list
Please reach out to a member of M3’s risk management team for assistance, or with any questions regarding the OSHA LEP.