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PURPOSE

This Memorandum of Understanding establishes a working relationship between the U.S. Department of Labor, Occupational Safety and Health Administration, hereafter referred to as OSHA, and the U.S. Department of Agriculture, Food Safety and Inspection Service, hereafter referred to as FSIS, to achieve a coordinated standards development program in order to minimize possible inconsistencies between OSHA job safety and health standards and FSIS sanitation and health standards.

I. Statutes and Regulations

U.S. Department of Labor Occupational Safety and Health Administration

The Occupational Safety and Health Act of 1970 (P.L. 91-596) authorizes the Secretary of Labor to develop and promulgate occupational safety and health standards, to develop and issue regulations, to conduct investigations and inspections to determine the status of compliance with safety and health standards and regulations, and to issue citations for noncompliance with safety and health standards and regulations.

U.S. Department of Agriculture Food and Safety and Inspection Service

The Federal Meat Inspection Act of 1967 (P.L. 90-201) and the Poultry Products Inspection Act of 1968 (P.L. 90-492) authorizes the Secretary of Agriculture to promulgate such rules and regulations as are necessary for the efficient execution of the provisions of these acts.

These rules and regulations prescribe standards which assure that meat, meat food products, and poultry food products capable of use as human food will not be adulterated when delivered to the consumer. The regulations also include standards related to sanitation of all establishments in which such food products include all carcasses and parts of cattle, sheep, swine, goats, horses, mules, and other equines.

II. Name and Address of Participating Agencies

U.S. Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW Washington, D.C. 20210

U.S. Department of Agriculture Food Safety and Inspection Service 14th and Independence Ave., S.W. Washington, D.C. 20250

III. Coordinating Offices

Directorate of Policy, Legislation and Regulatory Analysis Office of Legislation and Interagency Programs Occupational Safety and Health Administration U.S. Department of Labor

Meat and Poultry Inspection Technical Services Office of the Deputy Administrator Food Safety and Inspection Service U.S. Department of Agriculture

IV. Coordination

In carrying out their respective responsibilities, OSHA and FSIS will, to the extent possible, consult and exchange information with each other through the coordinating offices established herein. Specifically, these offices will:

1. Coordinate standards development programs in order to minimize possible inconsistencies between standards, establish standard setting priorities, and identify other issues where coordination is desirable.

2. Exchange information and reports on general enforcement matters and on particular situations of common concern to each agency.

3. Make every effort to achieve uniformity of approach in long-range standard development planning by coordination.

4. Obtain legal and policy positions on statutory authority regarding the extent to which the other agency can remedy a particular condition or item that may be within the regulatory authority of that agency.

5. Utilize communication systems available to both agencies in providing educational materials and services to the public in related safety and health areas, as well as any other matters in which coordination is warranted or desirable.

V. Period of Agreement

This Memorandum of Understanding does not preclude entering into separate agreements setting forth procedures for special programs which can be handled more efficiently and expeditiously by such special agreements.

Nothing in this Memorandum of Understanding is intended to diminish or otherwise affect the authority of either agency to carry out its respective statutory functions.

This Memorandum of Understanding shall become effective upon date of final signature and shall continue in effect unless modified by mutual written consent of both parties or terminated by either party upon a thirty (30) day advance written notice to the other.

UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

DEPUTY ASSISTANT SECRETARY
SEPTEMBER 13, 1982

UNITED STATES DEPARTMENT OF AGRICULTURE
FOOD SAFETY AND INSPECTION SERVICE

DEPUTY ADMINISTRATOR
MAY 20, 1982