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Chick-News.com Poultry Industry News, Comments and more by Simon M. Shane

Discrepancy in Fines by Western State and Federal OSHA Over COVID

11/10/2020

The Food and Environmental Research Network estimates that 72,000 farm, meat-plant and food industry workers have contracted COVID since the commencement of the outbreak resulting in 327 fatalities. If there are 550,000 employed in food and farming, and the data is accurate, the prevalence rate is over 13,000 per 100,000 population which is totally inconsistent with what might be regarded as acceptable, compared to data for the U.S. population. During the first week in November, the U.S. had reported 9.4 million total cases and 233,100 fatalities with an incidence rate of over 100,000 per day.
 

After investigation of COVID outbreaks, the Federal Occupational Safety and Health Administration has levied a series of fines against packers.  Smithfield Foods was fined approximately $14,000 for the outbreak involving 1,300 workers at the Sioux Falls, SD. plant.  JBS was fined $14,000 for 348 cases in outbreak in their Green Bay, WI. packing plant. Based on three plants where OSHA fines were imposed, the quantum per worker ranged from $10 to $50.  In contrast, regulators in California and Oregon that operate a state Occupational Safety and Health Administration, have been more stringent.  California has levied $400,000 in fines for deficiencies in protection on both farms and plants. Violations usually relate to social distancing and failure to provide PPE.  The Olson Meat Company was fined $9,000, DL Poultry, $36,000 and Overhill Farms $110,000 among others, for failure to create conditions that would protect workers. 

 


Sec. Labor Eugene Scalia

Maura Ortenburger, Director of Communications and Research at Worksafe stated, “at the Federal level it is seriously disappointing and dangerous, the way the head of the Labor Department has been running OSHA.” Recent news reports have criticized the Secretary of the Department of Labor, Eugene Scalia, appointed in late September 2019 as a “wrecking ball aimed at workers” Scalia previously functioned as a partner in the Firm of Gibson, Dunn and Crutcher, representing corporate interests in labor litigation.  From 1992 through 1993 he served as a special assistant to then Attorney General William P. Barr in the Bush Administration.

 

Obvious opposition to worker’s rights runs counter to representations by Secretary Scalia and the Administrators of OSHA regarding improving ergonomics and preventing COVID.  He is actually on record as stating that OHSA has no role in managing COVID-19 in the U.S. Over the past four years policy directives and OSHA regulations have been progressively more favorable to employers.


 
Copyright © 2024 Simon M. Shane