OSHA Inspection: U.S. DEPARTMENT OF AGRICULTURE - FOOD SAFETY AND INSPECTION SERVICE (FSIS) OFFICE OF MANAGEMENT

Issued

Jun 7, 2021

Abate by

Dec 28, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1960.8(a): The head of each agency shall furnish to each employee employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm in that employees were working in close proximity to each other and were exposed to SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19).   (a) USDA Food Safety Inspection Service at Smithfield Foods, 1400 North Weber Avenue, Sioux Falls, SD 57103: On or about April 10, 2020, the employer did not develop or implement timely and effective measures to mitigate the exposures to the hazard of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). FSIS employees worked throughout the establishment in close proximity to each other and employees of the host employer during the COVID-19 pandemic, exposing them to the hazard of contracting COVID-19. FSIS employees contracted the virus and developed symptoms related to the disease.  (b) USDA Food Safety Inspection Service at 800 N. 8th Avenue in Greeley, CO: On or about April 10, 2020, the employer did not develop or implement timely and effective measures to mitigate the exposures to the hazard of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19). FSIS employees worked throughout the establishment in close proximity to each other and employees of the host employer during the COVID-19 pandemic, exposing them to the hazard of contracting COVID-19. FSIS employees contracted the virus and developed symptoms related to the disease.  Among other methods, recognized and feasible means of abatement for this hazard include:  1.	Follow the USDA COVID-19 Workplace Safety Plan and the COVID-19 Guidance for FSIS Personnel in Plants in response to SARS-CoV-2 virus. The USDA and FSIS COVID-19 workplace safety plans will continue to be revised in accordance with all applicable laws, rules, and policies and to reflect current CDC guidance. This will be instituted for as long as the CDC deems that there is a global COVID-19 pandemic.  2.	Provide employees with one time refresher training, including current information about the sources of exposure to SARS-CoV-2 virus, the hazards associated with that exposure, and the workplace protocols and controls in place to prevent or reduce the likelihood of exposure. This includes communicating FSIS�s workplace safety plan on the requirements on facemasks and face shields. The training and information will be communicated in methods the employees can easily understand.  3.	Stagger break times to avoid groups of FSIS employees from congregating in FSIS break rooms and other common areas. Continue to maintain COVID-19 transmission mitigation strategies in FSIS breakrooms during FSIS employee lunch breaks and require unvaccinated FSIS employees and those who decline to disclose their vaccination status to continue to wear facemasks and face shields in the FSIS breakrooms in accordance with the USDA COVID-19 Workplace Safety Plan and the COVID-19 Guidance for FSIS Personnel in Plants.  4.	Continue to provide employees who are unvaccinated, employees who decline to disclose their vaccination status, and vaccinated employees who voluntarily choose to wear facemasks with a suitable number of facemasks to use throughout the workday in accordance with the COVID-19 Guidance for FSIS Personnel in Plants.  5.	Continue to follow guidelines issued by state, local, tribal and/or territorial health officials to facilitate the identification of other exposed and potentially exposed employees at the facility in accordance with the USDA COVID-19 Workplace Safety Plan and the COVID-19 Guidance for FSIS Personnel in Plants.  6.	Continue to require FSIS employees to follow the establishment�s symptom screening procedures prior to allowing FSIS employees to enter the establishment in accordance with the USDA COVID-19 Workplace Safety Plan. Post sign on the door of the FSIS breakroom requiring FSIS employees to immediately report to their supervisors if they are experiencing any COVID-19 type symptoms.