WASHINGTON — The US Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced on Feb. 27 that establishments in the New Swine Slaughter Inspection System (NSIS) modified time-limited trial (TLT) could operate as the agency develops a worker safety study.
The study allows for on-site visits, interviews with establishment workers, measurements and observations of plant operations at 1,106 head per hour and the establishment’s higher line speed. Contractors will work with the establishments to coordinate on-site visits to accommodate plant operations and schedules.
The extension was first granted in November 2023 as a 90-day extension of the TLT to facilitate the design of a study that would generate the necessary data to evaluate the impact of increased line speeds on worker safety and inform the agency’s next steps.
Six pork processing facilities located in Illinois, Michigan, Minnesota, Nebraska and Pennsylvania fell under the TLT at the time.
FSIS stated that worker safety agreements with each establishment’s union or worker representative will still be part of the TLT.
“Participating establishments will need to provide documentation, on a quarterly basis, signed by a facility manager and the union or worker representative that verifies compliance and continued implementation of the worker safety agreement,” the agency said.
FSIS explained that the move will allow a modified TLT to continue through Jan. 15, 2025. The study team will deliver a report to FSIS that will provide the next step regarding line speeds in swine establishments, which could include a decision to pursue rulemaking.
Following the news from the FSIS, the National Pork Producers Council praised the decision by the agency for extending the trial period.
“We appreciate USDA and FSIS for listening to the pork industry and taking another step toward making permanent these increased line speeds, which totals more than 3% of national harvest capacity,” said Scott Hays, president of the NPPC. “These actions give pork producers more certainty in an uncertain time.”
NPPC noted that it regularly met with FSIS to explain the importance of these trials and supports expanding and making permanent the line speed provisions to boost packing and alleviate supply issues.
NSIS was challenged by several animal rights organizations over the impact on workers of faster line speeds. A month after the first extension, a federal judge ruled in favor of FSIS, noting that NSIS does not violate existing acts.
In March 2021, a court order from a Minnesota District Court vacated the component of USDA’s NSIS that eliminated line speed limits for participating establishments. Consequently, all NSIS establishments were required to operate at line speeds not exceeding 1,106 head per hour as of June 30, 2021.
In consultation with the Occupational Safety and Health Administration (OSHA), FSIS proposed the TLT for NSIS establishments in November 2021. All participating establishments agreed to collect and submit data that would be used to evaluate the impact of increased line speed on workers.
Following the trial period, FSIS contracted with a third-party team of worker safety experts to evaluate the data.