As the COVID-19 pandemic unfolded, the industry forced meatpacking workers to continue to work in the same conditions as always – without meaningful changes to allow for social distancing or other public health recommendations – even as shelter-in-place orders were instituted across the country. When workers got sick, they were sent to “company clinics” with doctors employed by the companies, who often sent them back to work. As a result, COVID-19 spread throughout food processing plants, which quickly became epicenters of outbreaks. Nearly a year into the pandemic, over 57,000 meatpacking workers had tested positive for the virus, and more than 280 workers had died.
While the statistics are most striking in the meat processing industry, a similar pattern has emerged across the food chain. Farmworkers, delivery workers, and restaurant workers have become sick and died because their employers refused to bear the costs of the precautions necessary to keep workers safe.
In April 2020, we partnered with Towards Justice and the Heartland Center for Jobs and Freedom to bring the first lawsuit seeking injunctive relief to protect meatpacking workers from coronavirus, representing Rural Community Workers Alliance and an anonymous worker against Smithfield. The case was covered in the New York Times, and the Washington Post featured an op-ed by Jane Doe recounting the experience of seeing the impact of the virus throughout her community, while hearing nothing from Smithfield.
While workers at the plant were provided with certain protections due to this action, ultimately, the Court declined to hear the matter, and deferred to the authority of the Occupational Health and Safety Administration to consider the issues raised.
In July 2020, we joined Towards Justice, Nichols Kaster, and Justice at Work to file a lawsuit against Secretary of Labor Eugene Scalia for failing to compel a slaughterhouse to protect its workers from contracting covid-19 after an outbreak at a Maid-Rite processing plant in Pennsylvania. Despite ongoing advocacy from Justice at Work, OSHA delayed inspecting the plant, then gave advance notice to the company, enabling it to temporarily change its practices for the inspection.
We also also joined 25 local and national groups to call for the resignations of Labor Secretary Eugene Scalia and Loren Sweatt, who oversees OSHA, for their failure to protect workers during the pandemic.