{"id":7370,"date":"2023-06-21T12:38:01","date_gmt":"2023-06-21T16:38:01","guid":{"rendered":"https:\/\/oshadefensereport.com\/?p=7370"},"modified":"2026-03-20T13:24:33","modified_gmt":"2026-03-20T17:24:33","slug":"inspection-on-osha-prepares-to-hook-new-england-seafood-processors-with-new-local-emphasis-program","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/osha-defense-report\/inspection-on-osha-prepares-to-hook-new-england-seafood-processors-with-new-local-emphasis-program\/","title":{"rendered":"Inspection, On! OSHA Prepares to Hook New England Seafood Processors With New Local Emphasis Program"},"content":{"rendered":"

By Aaron Gelb<\/a> and Darius Rohani-Shukla<\/a><\/p>\n

Continuing its effort to find new ways to proactively address perceived hazards across a variety of industries, OSHA launched another new Local Emphasis Program (\u201cLEP\u201d) on June 1, 2023, targeting the seafood processing industry in Region I.\u00a0 \"Shutterstock<\/a>OSHA intends to use this LEP in an effort to mitigate hazards and improve safety standards in the seafood processing industry and related merchant wholesaler operations. Like the food manufacturing LEPs recently launched in Region V, this LEP will focus on machine guarding, lockout tagout, confined spaces, falls, and other critical safety concerns in the seafood processing industry.<\/p>\n

Why is OSHA Targeting the Seafood Processing Industry?<\/strong><\/p>\n

OSHA explains in the LEP directive that it is targeting the seafood processing industry in New England due to the industry\u2019s injury and illness rates. The published 2021 injury and illness rates for the covered NAICS codes reflect injury rates well above the national averages, according to OSHA.\u00a0 Indeed, the agency notes that there have been two (2) fatalities and four (4) finger amputation injuries related to seafood processing activities and warehousing activities the past seven fiscal years (FY16-FY22) in Region I. \u00a0Additionally, OSHA warns that fall hazards can also injure employees on and around the docks, and employees in these industries continue to be exposed to ammonia and cooling systems hazards, implicating process safety management obligations.<\/p>\n

Which Employers Will Be Targeted?<\/strong><\/p>\n

The LEP will apply to covered employers throughout New England, including those operating within the jurisdiction of the Braintree, Andover, Augusta, Bangor, and Providence area offices.\u00a0 Establishments in the following NAICS code are subject to inspections pursuant to the LEP:<\/p>\n\n\n\n\n\n\n\n
NAICS<\/strong><\/td>\nDescription<\/strong><\/td>\n<\/tr>\n
31170<\/strong><\/td>\nSeafood Product Preparation and Packaging<\/td>\n<\/tr>\n
311711<\/td>\nSeafood Canning<\/td>\n<\/tr>\n
311712<\/td>\nFresh and Frozen Seafood Processing<\/td>\n<\/tr>\n
424460<\/td>\nFish and Seafood Merchant Wholesalers<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/strong>Why Should Employers Be Concerned about Local Emphasis Programs?<\/strong><\/p>\n

OSHA launches LEPs such as this when they believe that they have identified issues common to a particular industry, meaning they are going to be laser focused on those aspects of an employer\u2019s operations.\u00a0 As such, the inspectors sent to conduct these inspections will be trained on what to look for and how to evaluate these potential hazards.\u00a0 While employers that self-report a serious incident (fatality, amputation, in-patient hospitalization, or loss of an eye) should expect OSHA to show up at their door in the days that follow, few employers are prepared for random program-related inspections.\u00a0 \"Shutterstock<\/a>Indeed, they are typically ill-prepared for random inspections that will be focused on some of the most challenging aspects of their safety and health programs.<\/p>\n

Additionally, OSHA will often use emphasis programs to expand the scope of inspections opened for other reasons.\u00a0 For example, inspections prompted by certain complaints, referrals or incidents involving other hazards may well be expanded in the areas of emphasis in this LEP.\u00a0 Likewise, if your establishment appears on the randomly generated inspection list created for this program and OSHA determines while preparing for the inspection that the establishment is also on the list for another programmed inspection such as the National Emphasis Program on amputations or OSHA\u2019s Site-Specific Targeting Program, the CSHO is likely to open related inspections.<\/p>\n

When Do Inspections Begin?<\/strong><\/p>\n

Enforcement activities can begin in September 2023, three months after the LEP became effective on June 1, 2023.\u00a0 The LEP will remain in effect for a period of five years from its effective date (June 1, 2023), unless renewed.<\/p>\n

What Can Employers Expect to Happen in an Investigation?<\/strong><\/p>\n

At the start of each inspection, the compliance officer(s) (CSHOs) conducting the inspection will review the employer\u2019s OSHA 300 logs looking for injuries that suggest deficiencies in the relevant programs.<\/p>\n

CSHOs will also obtain and review paperwork regarding the presence and\/or use of temporary workers, an area of particular emphasis for the Biden Administration.\u00a0 Specifically, CSHOs will obtain and evaluate necessary documentation and information for evaluating any safety and health program relating to temporary workers. Employers should expect an intense focus on how temporary workers are trained, with OSHA checking whether they receive training in a language that they understand and making sure the training they receive is comparable to the training given to regular employees.<\/p>\n

Similarly, CSHOs will obtain information regarding the presence and\/or use of outside contractors who perform cleaning and sanitizing of processing equipment.\u00a0 Covered employers should take note of the fact that OSHA has been particularly focused on sanitation during the above-mentioned food manufacturing LEP inspections in Region V, often sending CSHOs to the facility being inspected to personally observe sanitation being conducted during the overnight shift, checking to ensure that LOTO is being used where required, that PPE is appropriate, and hazard communication requirements are being followed.<\/p>\n

CSHOs will focus their inspection on the following standards:<\/p>\n