Environmental, Workplace Safety & Transportation Regulations that Impact Animal Food Manufacturers

Pushing a Stronger Climate Agenda - The Environmental Protection Agency (EPA) will have a big role in President Joe Biden’s sweeping executive order 14008, “Tackling the Climate Crisis At Home and Abroad.” Put into effect in early 2021, the order places the climate crisis at the forefront of foreign policy and national security planning.
Combustible Dust Reporting under EPCRA Tier II Reporting – EPA’s 2016 revisions to the Emergency Planning and Community Right to Know Act (EPCRA) went into effect in early 2018. The new Tier II reporting form requires facilities to report combustible dust to align the EPA with the Occupational Safety and Health Administration’s Hazard Communication Standard. The AFIA participated in discussions with the EPA and provided guidance to the industry to ensure there is a uniform and agreed-upon approach for reporting combustible dust in the future.
“Waters of the U.S.” (WOTUS) Rule – On Nov. 18, 2021, the EPA and the Department of the Army announced the signing of a proposed rule to revise the definition of “waters of the United States.” The agencies propose to put back into place the pre-2015 definition, updated to reflect consideration of recent U.S. Supreme Court decisions. The proposed rule was published in the Federal Register, with the public comment period closing on February 7, 2022.

Heat Illness and Injuries Rule - In July 2024, OSHA announced the release of its proposed rule, Heat Injury and Illness Prevention in Outdoor and Indoor work Setting. The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. The AFIA recognizes that this new standard will affect most AFIA members and will engage with OSHA during the final rulemaking process and keep members informed on the new requirements.
Worker Walkaround Representative Designation Rule - In May 2024, OSHA finalized its controversial Worker Walkaround Representative Designation Rule. The AFIA has concerns about potential issues this rule creates for employers. An Issue Advisory was published to give members some important guidance on dealing with future OSHA inspections.

Lockout/Tagout Rule Update – OSHA has included an update to its Lockout/Tagout rule on the 2024 Spring agenda. The current standard has been in place since 1989. The goal of this update is to better align with other national and internation consensus standards and take advantage of more recent technological advances in the area of hazardous energy control. The AFIA will monitor the development of the rulemaking process.

Entry Level Driver Training – Beginning in February 2022, to be eligible to take required skills or knowledge tests, commercial driver’s license applicants must have completed applicable entry-level driver training from a registered training provider. The Federal Motor Carrier Safety Administration has issued their own fact sheet that contains important information about the new requirements.