Judge Brian L. McCabe ruled on a lawsuit filed by the United Farm Workers Union concerning precautions to prevent infection with COVID-19 in the Foster Farms, Livingston, CA. plant. The order mandates that Foster Farms should follow the August 5th 2020 directive from the Merced County Health Officer with respect to masking, social distancing, hygiene measures and health screening. The order was issued effective December 28th 2020.
Judge McCabe denied an order relating to enforcement of conditions demanded by the Union. This was based on the fact that the company is in compliance with required protective measures and that the current infection rate for workers in the facility is lower than the incidence rate for Merced County. Since September 2020, the plant has recorded a one percent positive level of those sampled compared with 13 percent for the County. It is noted that a large number of field agricultural workers are infected in Merced and adjoining counties, inflating both the incidence rate and the proportion of positive assays.
The measures taken by Foster Farms have obviously reduced the risk of infection within the Livingston Plant. A subsequent hearing has been scheduled for January 29th, 2021 to provide Foster Farms with an opportunity to respond to the United Farm Workers request for an injunction.