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COVID-19 to Dominate Early Biden Priorities

Gary Huddleston, AFIA, outlines what's coming from OSHA, Department of Labor this year

COVID coronavirus

During AFIA's Feed Production Education Program at the IPPE Marketplace on Thursday, Gary Huddleston, director of Feed Manufacturing and Regulatory Affairs with American Feed Industry Association, took a look at some of the early priorities of both OSHA and the Department of Labor under the new Biden Administration.

Huddleston noted that President Biden will heavily focus on a federal COVID-19 emergency temporary standard (ETS).

“Whatever the ETS is, it will probably become permanent,” he says.

Biden has said he wants an ETS in the first 100 days, and one of his first executive orders was to direct OSHA to come up with revised COVID-19 guidance by February 4 and issue an ETS if necessary by March 15.

What could a federal ETS look like? Huddleston says we can get hints from states like Virginia, California, Oregon, Michigan, New Jersey and New Mexico – all of which have state standards.

“An ETS would apply to every place of employment,” explained Huddleston. “It would cover training, PEE, hazard assessment, physical distancing, cleaning, and most importantly, an infectious diseases preparedness and response plan. That means a written COVID-19 must be in place at every facility.”

A word about vaccines

Huddleston notes that states are in charge of programs to distribute and administer vaccines. Food and feed workers are included on the Part 1B distribution list in the current federal guidance, but he says, states make the ultimate decision on how essential workers are classified.

“Stay in touch with state and local health departments,” he says. “And encourage your employees to get vaccinated early.”

Other OSHA items AFIA is keeping an eye on:

  • Powered Industrial Trucks standard revision which should be released fairly soon
  • Lockout/Tagout standard revisions – started in 2020
  • Hazard Communication standard revision
  • Walking-Working Surfaces Standard Corrections – AFIA is watching to make sure changes are made
  • Other possibilities on the docket: ergonomics, heat illness and workplace violence

Department of Labor

On the Department of Labor side, former Boston Mayor Marty Walsh has been nominated to serve as Secretary of Labor. He’s known as a pragmatic deal maker with strong ties to labor, says Huddleston.

What are early priorities of DOL? An increased budget is on the agenda, which means increased inspections. The wage & hour division may also be focusing on overtime regulation, increasing the minimum wage to at least $15/hour, federal-mandated paid leave, and the Paycheck Fairness Act.

“Buckle up – it may be a wild ride!” say Huddleston. “We’ll see a lot of COVID-related items coming first, and AFIA will be watching and making sure you’re informed as we move down the road.”

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