In early July, Smithfield Foods opposed a subpoena from the Occupational Safety and Health Administration [OSHA] concerning the release of statistical data on prevalence of COVID-19 among Smithfield employees. In addition the OSHA requested copies of communications with the South Dakota Department of Health and statements by workers.
The State Health Department of South Dakota fully complied with the subpoena issued by OSHA.
In commenting on what must be regarded as a retreat, Keira Lombardo, Executive Vice President, Corporate Affairs and Compliance stated, “From the beginning our COVID-19 response has focused exclusively on two things - keeping employees as healthy and safe as possible and fulfilling our obligation to the American people to maintain the food supply.” She added, “To this end we are pleased to have reached a resolution with OSHA whereby all necessary documentation requested has been provided, and at the same time privat
e employee medical and confidential business information will be protected from disclosure to the public and will not be made available to our competitors.”
The disputed information was requested by a Federal agency in order to determine the prevalence of COVID-19 infection in packing plants with specific reference to protective measures. From an epidemiologic perspective numbers are critical to understanding the mechanismes of transmission and the interactions between workers and the pathogen responsible for COVID-19 in the context of an operating plant. Withholding data invoking the false justification of “confidentiality” was an attempt to prevent or delay disclosure to the detriment of Smithfield workers, the communities where they reside and ultimately the image of their brand.