The United Farm Workers Union has brought suit against Foster Farms requesting court-ordered compliance with state health regulations designed to limit spread of COVID-19 in the Livingston plant located in Merced County.
In documents submitted to support the petition, the Union claims that CDC recommendations are not followed and in some areas of the plant social distancing is not implemented and the testing of workers for COVID-19 is inconsistent.
A spokesman for UFW stated, “We are not asking for immediate permanent closure of the plant, we are asking for them to become compliant with the law”.
Foster Farms has been proactive in implementing procedures to protect the health of workers although 400 of 3,700 employees have tested positive for COVID-19 since the beginning of the outbreak.
Foster Farms responded to the lawsuit claiming:
- The Company is committed to the health and welfare of employees and efforts have suppressed COVID to a level of one percent in plants since September despite the 13.5 percent prevalence rate in Merced County.
- Foster Farms initiated screening to prevent symptomatic employees from entering facilities
- Following CDC guidelines and recommendations from the Merced County Health Department, Foster Farms instituted mandatory face coverings, erected partitions between workstations, introduced sanitation of shared common spaces, staggered work breaks and extended break-areas. More recently the company installed HEPA filters and upgraded plant ventilation.
- All employees are tested weekly and positive employees are directed to home quarantine. The company has performed 50,000 tests since the beginning of the pandemic including 25,000 at the Livingston Complex.
- Foster Farms has worked closely with Merced County Department of Public Health.
The program of COVID prevention is directed by Dr. David Rollins an occupational health physician with assistance from Dr. David Acheson an infectious disease specialist who served as Chief Medical Officer at the USDA and FDA and Dr. Ben Miller an epidemiologist who has advised the FDA.