Democrats Probe Tyson, Smithfield, OSHA Over Covid Outbreaks

By Laura Davison | February 1, 2021

A Democratic-led House panel is launching a probe into coronavirus outbreaks at meatpacking plants and whether the Occupational Safety and Health Administration adequately enforced worker safety rules.

Representative James Clyburn, who chairs the House Select Subcommittee on the Coronavirus Crisis, sent letters Monday to Tyson Foods Inc., Smithfield Foods Inc., and JBS USA requesting information on the number of sick employees, facility closures, safety measures and leave policies for when workers tested positive. Nearly 54,000 workers at 569 meatpacking plants in the U.S. have tested positive for Covid-19, and at least 270 have died, Clyburn said in the letters.

Meatpacking companies “have refused to take basic precautions to protect their workers, many of whom earn extremely low wages and lack adequate paid leave, and have shown a callous disregard for workers’ health,” the letters to the companies said.

Tyson’s share price dropped 0.1% at 12:38 in New York trading after earlier falling by as much as 2.7%. Brazil-based JBS fell 0.62% at 2:38 p.m. in Sao Paulo trading, after dropping as much as 1.65% following the announcement of the probe.

Clyburn also asked OSHA to explain the relative lack of citations and penalties issued against meatpacking plants under the Trump administration even though the facilities became an epicenter of spread for the virus.

“OSHA issued penalties related to the coronavirus totaling over $3.9 million, but the agency issued only eight citations and less than $80,000 in penalties for coronavirus-related violations at meatpacking companies,” the letter said.

Gary Mickelson, a spokesman for Tyson, said in a statement that the health and safety of workers is the company’s top priority and that they’ve implemented virus testing and added a chief medical officer to help respond to health guidelines in the wake of the pandemic.

Keira Lombardo, Smithfield’s chief administrative officer, said in a statement that the company has taken “extraordinary measures” to protect employees that exceeded governmental guidelines and that it looks forward to correcting “inaccuracies” about the virus spread at meat plants.

JBS has invested in safety measures and facility modifications and welcomes the opportunity to share “our response to the global pandemic and our efforts to protect our workforce,” according to a statement from the company.

OSHA did not immediately respond to requests to comment.

Hot Spots

The spreading virus made meat plants one of the early hot spots in the U.S. pandemic, forcing facilities to shut down temporarily.

Meat companies spent hundreds of millions to install work-station dividers, sanitizer stations, temperature scanners and to add medical personnel. The industry has spent more than $1.5 billion on “comprehensive protections instituted since the spring,” according to Sarah Little, a spokesperson for the North American Meat Institute.

Public health studies have suggested the outbreaks in meatpacking plants seeded subsequent spread in the surrounding communities, with one study by researchers at University of Chicago and Columbia University tying as many as 1 in 12 cases of Covid in the early stage of the pandemic to meat processing facilities

The low OSHA penalties have drawn criticism from Democrats, including Senators Elizabeth Warren of Massachusetts and Cory Booker of New Jersey. Lawmakers have pointed to the meatpacking industry as an example of how companies have failed to protect poorly paid front-line employees.

OSHA has defended the size of the fines. In reference to a $13,494 fine against Smithfield Foods — after 1,300 workers at the meat-packer’s Sioux Falls, South Dakota, plant tested positive for the virus, 43 were hospitalized and four died between March 22 and June 16 — OSHA said it was the maximum penalty allowed by law.

OSHA on Friday issued new workplace safety guidelines to strengthen protection against the virus.

Clyburn set a Feb. 15 deadline for OSHA staff to brief lawmakers and for the companies respond with the requested data.

–With assistance from Michael Hirtzer and Mike Dorning.

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