February 19, 2021

 

US meatpackers among firms not paying COVID-19 safety fines

 

Smithfield Foods and JBS USA are among many companies in the United States that have appealed against fines by the Occupational Safety and Health Administration (OSHA) that say they put their workers at risk of COVID-19 during the pandemic, Reuters reported.

 

Both companies said OHSA's citations are baseless because OHSA did not issue a guidance to meatpacking companies about safeguarding their workers from COVID-19 when the violations were issued in March. Both companies also said they did their best without OHSA issued standards and have improved protections for their workers.

 

JBS was fined US$15,615 for violations at its Greeley, Colorado beef plant in September. 290 workers there tested positive for COVID-19 while six workers died through end-July.

 

OHSA fined Smithfield Foods US$13,494, also in September, for not protecting its workers at its Sioux Falls, South Dakota pork plant. 1,300 workers there were infected by COVID-19, with four dead as of June. 

 

The appeals by Smithfield Foods and JBS USA are pending before administrative judges at the Occupational Safety and Health Review Commission.

 

John Ho, an attorney at Cozen O'Connor law firm, said the companies are appealing the small fines because admitting to the violations will result in workers demanding compensation claims or wrongful death lawsuits, as well as affect companies' attempts to gain government contracts. Ho has defended corporate clients against OHSA violatios and fought corporate appeals as an attorney for the Labour Department.

 

Kim Cordova, a United Food and Commercial Workers International Union local chapter president, representing workers employed by JBS USA, said the appeals and low fines result in workers that won't speak out as they believe there is nothing that can be done.

 

In September, OHSA ordered JBS USA to implement social distancing, check employees for COVID-19 symptoms, and work with officials on contract tracing.

 

JBS said its current workplace safety measures are more than required by OHSA.

 

COVID-19 cases have steadily increased at the JBS Greeley plant in recent months, with 100 COVID-19 cases since mid-November based on state outbreak data.

 

OHSA has fined more than 300 employers for putting their workers at risk during the COVID-19 pandemic. Only 108 companies have paid the fines, totaling US$897,000.

 

- Reuters