Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Workers from a Pennsylvania meatpacking plant recently filed a lawsuit against OSHA, arguing that the agency fails to protect workers from coronavirus exposure.
Three anonymous workers and Friends of Farmworkers Inc. – a nonprofit employee representative – filed their complaint July 22, arguing that the Occupational Safety and Health Administration (OSHA) should take action by forcing Maid-Rite Specialty Foods to implement COVID-19 safety measures.
According to the workers, Maid-Rite is endangering their meatpacking plant workers by failing to prevent coronavirus exposure. The workers take issue with a variety of problems, including a lack of social distancing, inadequate hand washing procedures and insufficient protective equipment. As a result of these issues, the workers claim that they are at a higher risk of COVID-19 exposure.
“Maid-Rite produces lunchroom meat under conditions that pose an imminent danger to the workers through the risk of death or serious harm from Maid-Rite’s failure to take basic precautions to protect workers from the spread of COVID-19 at the plant,” the meatpacking plant workers claim.
“Instead, perhaps in an effort to reduce its costs, Maid-Rite has adopted policies and practices that substantially increase the risks of spread of disease.”
The meatpacking plant workers argue that Maid-Rite is capable of better protecting their workers from coronavirus exposure. Unfortunately, the company allegedly prioritizes their own profits over the safety of their workers – resulting in widespread safety violations.
“To state the obvious, Maid-Rite can alter these dangerous practices if it will simply assume the costs,” the meatpacking plant lawsuit claims.
“For instance, workers on a meat production line can be spaced far enough to allow for safe social distancing if the company either reduces the line’s speed or places less meat on the line moving at the same speed.”
According to the meatpacking plant workers, OSHA should intervene and immediately force Maid-Rite to protect their employees from coronavirus exposure. Without intervention from OSHA, the workers argue Maid-Rite will continue to endanger their workers.
Unfortunately, the workers claim that OSHA has been lackadaisical in their approach to COVID-19 complaints – including those filed by the meatpacking plant workers.
Despite calls from unions, lawmakers and worker advocacy groups, OSHA has reportedly declined to implement nationwide standards for coronavirus exposure measures. While the federal agency refuses to impose these standards for employee safety, some states such as Virginia have taken matters into their own hands by adopting their own standards.
The workers were allegedly told by the agency that no coronavirus exposure complaints were deemed to be an “imminent danger.” As a result, the agency is reportedly declining to investigate any safety complaints in relation to coronavirus exposure, despite the risks for serious illness and even death associated with the respiratory virus.
“Instead of recognizing the clear imminent danger posed by COVID-19 and Maid-Rite’s practices that exacerbate its spread, OSHA appears poised to ignore the facts in the imminent danger complaint and treat it as implicating only garden-variety workplace hazards that can be addressed by OSHA over the course of months,” the workers argue in their petition.
The workers say they have continued to contact OSHA since late May – seeking intervention and an investigation by the agency. However, no actions have been taken, according to the meatpacking plant workers.
In their coronavirus exposure lawsuit, the workers seek an order compelling OSHA to conduct an inspection of the meatpacking plant and enforce safety standards. Without this emergency relief, the workers argue that the coronavirus could enter the facility “any day,” causing “injury and even death.”
The coronavirus is a respiratory disease that can cause a variety of health concerns, ranging from mild cold- or flu-like symptoms to more serious complications such as lung failure, sepsis and death.
Due to the virulence of the disease, many employees have been relegated to remote working. However, some professions such as meatpacking are unable to work remotely – meaning that going to work may result in coronavirus exposure if proper measures are not taken.
Do you feel safe from coronavirus exposure at your workplace? Do you think your employer should be doing more? Share your experiences in the comment section below.
The meatpacking plant workers are represented by Lerae Kroon, Nina Menniti and Samuel Datlof of Friends of Farmworkers Inc.; Karla Gilbride, David Muraskin and Adrienne H. Spiegel of Public Justice PC; David H. Seligman, Juno Turner and Brianne Power of Towards Justice; along with Matthew H. Morgan and Anna P. Prakash of Nichols Kaster PLLP.
The Meatpacking Plant Coronavirus Exposure Petition is Jane Does I, II, III, et al. v. Eugene Scalia, et al., Case No. 3:20-cv-01260, in the U.S. District Court for the Middle District of Pennsylvania.
Join a Free Coronavirus Class Action Lawsuit Investigation
If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
