As more workers fall sick, DeGette calls for answers on meatpacking executive order

DENVER, CO – Dozens of meatpacking workers across the country have died from the coronavirus and thousands more have tested positive for the disease. But rather than take steps to ensure the health and safety of these workers, President Trump announced an Executive Order this week to keep meatpacking plants open under the Defense Production Act.

On Thursday, U.S. Reps. Diana DeGette (D-CO) and Alma Adams (D-NC) sent a letter to President Trump demanding answers on what is being done to protect these workers from coronavirus in the face of this new Executive Order.

"Ensuring the safety of workers in our nation's meatpacking and food processing facilities should be of paramount importance given the ongoing pandemic," DeGette and Adams wrote. "Putting worker safety first is not only a moral imperative, it will also ensure that critical food stocks are able to be distributed to the American people over the long term, as well as ensure that the hard work and livelihoods of our nation's farmers and ranchers are not put in jeopardy."

Over 20 meatpacking plants have closed for some length of time over the past two months due to outbreaks of coronavirus within the plant. Despite these outbreaks, meatpackers have failed to act on their own. A recent court order in Missouri ordered Smithfield to abide by recommendations from the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) until the court has time to consider a lawsuit against Smithfield.

In order to protect the health and wellbeing of these workers, DeGette and Adams want to know, among other things, how social distancing will be enforced on production lines, whether workers will be provided with personal protective equipment and what steps are being taken to ensure workers have access to coronavirus tests. They are also seeking answers from the Trump administration on whether any interim guidance from the CDC and OSHA will be issued to protect workers.

A PDF copy of the letter is available here.

Following is the full text:

Dear President Trump,

We write with extreme concern over your recent Executive Order ordering meatpacking plants open under the authorities of the Defense Production Act. Particularly, we are concerned for the implications this may have for the health and safety of the workers in these plants during the ongoing pandemic.

As you well know, over 20 meatpacking plants have closed for some length of time over the past two months due to outbreaks of COVID-19 within the plant. The United Food and Commercial Workers believe that at least 20 worker deaths in meatpacking and food processing plants can be attributed to COVID-19, and another 1,500 have tested positive, self-quarantined or awaiting test results.

Despite these outbreaks, meatpackers have failed to act on their own. A recent court order in Missouri ordered Smithfield to abide by recommendations from the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) until the court has time to consider a lawsuit against Smithfield.

Given the ongoing health and safety conditions inside of these plants, we believe that your recent Executive Order requires clarification on several points.

1. Given the nature of the working conditions inside meatpacking plants:
   1. How will social distancing be applied and enforced on production lines and in other areas of these plants?
   2. Are there any mechanisms in place to ensure quick and efficient distribution of Personal Protective Equipment (PPE) to workers in these plants?
   3. How will any interim regulations from the CDC and OSHA ensure that measures beyond social distancing are employed to ensure worker health and safety?
2. How will CDC and OSHA ensure that meatpackers are abiding by existing and any future guidance related to worker safety as it relates to COVID-19?
3. What steps will be taken to ensure that workers, both symptomatic and non-symptomatic, will have access to testing paid for by either the employer or the federal government?
4. What guidelines and requirements will be put in place should an employee of the plant test positive, or presumptive positive for COVID-19?

Additionally, in comments to the press, you have indicated that companies would be shielded from legal liability from worker claims stemming from employers failing to ensure that adequate protection is provided. We request that you provide the legal justification you would use to take this action, as well as if such protection would extend to companies found to have violated CDC and OSHA guidelines.

Ensuring the safety of workers in our nation's meatpacking and food processing facilities should be of paramount importance given the ongoing pandemic. Putting worker safety first is not only a moral imperative, it will also ensure that critical food stocks are able to be distributed to the American people over the long term, as well as ensure that the hard work and livelihoods of our nation's farmers and ranchers are not put in jeopardy.

We respectfully request your response to these questions no later than May 8, 2020.

Sincerely,