Food Safety Modernization Act (FSMA)

Scope

OSHA requires employers to protect employees from recognized hazards in the workplace, which includes protecting workers from foodborne illness. To enhance food safety and prevent contamination to food supplies, several regulatory agencies have joined forces to educate and regulate food production, handling, and distribution. In addition to OSHA’s workplace requirements, regulations implemented to protect food users and consumers include the Food Safety Modernization Act (FSMA), Sanitary Food Transportation Act, Federal Anti-Tampering Act, Fair Packaging and Labeling Act, and the Food Safety and Inspection Services (FSIS).

Regulatory citations

• 29 CFR 1910.141 — Sanitation
• 29 CFR 1910.212 — Machine Guarding
• 29 CFR 1910 Subpart I — Personal Protective Equipment
• 29 CFR 1910.22 — Walking Working Surfaces

Key definitions

• Fair Packaging and Labeling Act (FPLA): Consumer protection legislation implemented in 1966 that requires food manufacturers to disclose truthful information about food on packages and labels.
• Federal Anti-Tampering Act: Implemented in 1984 prohibiting malicious attempts to cause injury or death, or injure a business’ reputation, by adulterating a food, drug, cosmetic, hazardous substance, or other product.
• Food Safety and Inspection Services (FSIS): Oversees all aspects of food manufacturing.
• Food Safety Modernization Act (FSMA): Implemented in 2011 to focus on preventing foodborne illness and provide authority to oversee and enforce food supply chains. Enforcement includes preventative controls for human and animal food, food production and growth, global supply chains, vulnerability protection, and sanitary transportation.
• Sanitary Food Transportation Act: Implemented in 2005 prescribing sanitary transportation practices that ensures human and animal food transported by vehicle or rail is protected from harm or adulteration.

Summary of requirements

OSHA requires employers to assess tasks in the workplace to identify potential hazards and ensure worker safety. Foodborne illness can be a major concern for workers if precautions aren’t taken. Several regulatory agencies have implemented acts to protect food from being tampered with, altered, or unsafely transported.

Employers should protect workers from consuming unsafe foods as well. High risk foods include those that present the perfect condition for bacterial growth, such as meat, fish, eggs, dairy products, and raw fruits and vegetables. Monitoring time and temperature are the keys to ensuring food safety. Eliminating food that has expired is as essential as avoiding the “Temperature Danger Zone” of 40°F (4°C) and 140°F (60°C). Bacteria thrives best in the temperature danger zone; therefore, cold food must be maintained colder than 40°F (4°C) and hot food maintained hotter than 140°F (60°C) with the internal temperature of meat at least 140°C.

Food safety is also ensured by:

• Regular and effective handwashing, especially before eating or drinking or before touching the face, eyes, or mouth.
• Avoiding potentially contaminated food or water.
• Continually educating workers of high-risk foods, contamination prevention methods, proper hygiene practices, and regulations that govern the workplace.

In addition to protecting workers from foodborne illness, employers must also protect workers from the following hazards associated with food handling and production:

• Ensure the use of appropriate personal protective equipment (PPE), especially hand protection to protect from cuts, lacerations, and burns. PPE is also essential in preventing the spread of foodborne illness through contact contamination.
• Verify electrical equipment is free from recognized hazards such as damaged cords, overloaded power sources, and the use of extension cords instead of permanent wiring.
• Confirm proper machine guarding is used on equipment that poses hazards to workers by pulling them in, or in which they may be caught in by moving, rotating, or slicing parts.
• Enforce the safe use and storage of knives and other sharp instruments.
• Implement procedures to protect against steam and fire hazards, as well as slips, trips, and falls.
• Educate workers on proper ergonomics to protect them from back or lifting injuries, fatigue, and repetitive motions.
• Provide training regarding all aspects of safe food handling, preparation, and consumption.