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Missouri Pork Plant Workers Say They Can’t Cover Mouths to Cough | Missouri Pork Plant Workers Say They Can’t Cover Mouths to Cough |
(7 days later) | |
Workers at a Smithfield Foods pork plant in Milan, Mo., say that for years they have endured repetitive stress injuries on the meat processing line — and urinary tract infections because they had so few bathroom breaks. | Workers at a Smithfield Foods pork plant in Milan, Mo., say that for years they have endured repetitive stress injuries on the meat processing line — and urinary tract infections because they had so few bathroom breaks. |
But as the coronavirus pandemic has emerged, workers say they have encountered another health complication: reluctance to cover their mouths while coughing or to clean their faces after sneezing, because this can cause them to miss a piece of meat as it goes by, creating a risk of disciplinary action. | But as the coronavirus pandemic has emerged, workers say they have encountered another health complication: reluctance to cover their mouths while coughing or to clean their faces after sneezing, because this can cause them to miss a piece of meat as it goes by, creating a risk of disciplinary action. |
The claims appear in a complaint filed Thursday in federal court by an anonymous Smithfield worker and the Rural Community Workers Alliance, a local advocacy group whose leadership council includes several other Smithfield workers. | The claims appear in a complaint filed Thursday in federal court by an anonymous Smithfield worker and the Rural Community Workers Alliance, a local advocacy group whose leadership council includes several other Smithfield workers. |
The complaint also seeks to test a novel legal question: whether health hazards at the plant present a public nuisance. | The complaint also seeks to test a novel legal question: whether health hazards at the plant present a public nuisance. |
Coronavirus infections have emerged as a significant problem at meatpacking plants around the country, with some closing and many others operating well below capacity. At least 10 workers in meatpacking and three workers in food processing have died of Covid-19, leaders of the United Food and Commercial Workers union said on Thursday. About 6,500 employees either have contracted the virus, missed work because they had to self quarantine, or are waiting for tests or show symptoms, they said. | Coronavirus infections have emerged as a significant problem at meatpacking plants around the country, with some closing and many others operating well below capacity. At least 10 workers in meatpacking and three workers in food processing have died of Covid-19, leaders of the United Food and Commercial Workers union said on Thursday. About 6,500 employees either have contracted the virus, missed work because they had to self quarantine, or are waiting for tests or show symptoms, they said. |
Officials of the union, which represents a vast majority of the workers in the pork and beef industries, said recent plant closings had reduced national beef production 10 percent and pork production 25 percent. | Officials of the union, which represents a vast majority of the workers in the pork and beef industries, said recent plant closings had reduced national beef production 10 percent and pork production 25 percent. |
The court complaint about the Smithfield pork plant in Missouri, which is not unionized, says workers are typically required to stand almost shoulder to shoulder, must often go hours without being able to clean or sanitize their hands, and have difficulty taking sick leave. | The court complaint about the Smithfield pork plant in Missouri, which is not unionized, says workers are typically required to stand almost shoulder to shoulder, must often go hours without being able to clean or sanitize their hands, and have difficulty taking sick leave. |
“Since before the Covid-19, there was a problem with bathroom breaks,” said Axel Fuentes, the executive director of the workers alliance. But beginning in March, he said, “day after day, more people are concerned and scared about getting infected with the coronavirus.” | “Since before the Covid-19, there was a problem with bathroom breaks,” said Axel Fuentes, the executive director of the workers alliance. But beginning in March, he said, “day after day, more people are concerned and scared about getting infected with the coronavirus.” |
Mr. Fuentes said that some workers at the plant had shown symptoms like cough and fever but that few, if any, had been tested. | Mr. Fuentes said that some workers at the plant had shown symptoms like cough and fever but that few, if any, had been tested. |
Smithfield said the complaint was without merit. “The health and safety of our employees is our top priority at all times,” said Keira Lombardo, the company’s executive vice president for corporate affairs and compliance. She cited a policy of not commenting on pending litigation, but she said the accusations “include claims previously made against the company that have been investigated and determined to be unfounded.” | Smithfield said the complaint was without merit. “The health and safety of our employees is our top priority at all times,” said Keira Lombardo, the company’s executive vice president for corporate affairs and compliance. She cited a policy of not commenting on pending litigation, but she said the accusations “include claims previously made against the company that have been investigated and determined to be unfounded.” |
Smithfield has shuttered a plant in Wisconsin and a plant in Martin City, Mo., in addition to a South Dakota slaughterhouse that employs hundreds of workers who have been infected by the virus. Tyson Foods has closed plants in Indiana, Washington and Iowa, one of which has reopened, and plants owned by other companies in Minnesota and Illinois have experienced outbreaks. | Smithfield has shuttered a plant in Wisconsin and a plant in Martin City, Mo., in addition to a South Dakota slaughterhouse that employs hundreds of workers who have been infected by the virus. Tyson Foods has closed plants in Indiana, Washington and Iowa, one of which has reopened, and plants owned by other companies in Minnesota and Illinois have experienced outbreaks. |
The Centers for Disease Control and Prevention, which toured the South Dakota facility last week, recommended Thursday that Smithfield establish more social distancing barriers and possibly slow down the production line there to create more space between workers. | The Centers for Disease Control and Prevention, which toured the South Dakota facility last week, recommended Thursday that Smithfield establish more social distancing barriers and possibly slow down the production line there to create more space between workers. |
Beyond seeking to make workers safer, the complaint about the plant in Milan, Mo., is testing whether public nuisance law dating back hundreds of years can be used to protect workers on the job. The plaintiffs argue that Smithfield, by failing to take adequate safety measures, risks a coronavirus outbreak that could quickly spread to the entire community. | Beyond seeking to make workers safer, the complaint about the plant in Milan, Mo., is testing whether public nuisance law dating back hundreds of years can be used to protect workers on the job. The plaintiffs argue that Smithfield, by failing to take adequate safety measures, risks a coronavirus outbreak that could quickly spread to the entire community. |
“It exists in any state — the idea of bringing the public nuisance,” said Karla Gilbride, a lawyer with Public Justice, a legal advocacy group that has worked with the Smithfield workers in Milan for several years and is helping to bring the complaint. | “It exists in any state — the idea of bringing the public nuisance,” said Karla Gilbride, a lawyer with Public Justice, a legal advocacy group that has worked with the Smithfield workers in Milan for several years and is helping to bring the complaint. |
“If, whether it’s a private company or a private citizen, they’re operating something on their property and whatever they’re doing is unsafe and poses a danger to the entire community,” Ms. Gilbride said, “then the public has a right to safety and health.” | “If, whether it’s a private company or a private citizen, they’re operating something on their property and whatever they’re doing is unsafe and poses a danger to the entire community,” Ms. Gilbride said, “then the public has a right to safety and health.” |
The lawsuit seeks to force Smithfield to change its practices at the plant but asks no monetary penalties or compensation. The case includes a second count under Missouri common law that requires employers to provide safe workplaces, but is being brought in federal court primarily because the parties to the complaint reside in different states. A public interest legal group called Towards Justice is also involved. | The lawsuit seeks to force Smithfield to change its practices at the plant but asks no monetary penalties or compensation. The case includes a second count under Missouri common law that requires employers to provide safe workplaces, but is being brought in federal court primarily because the parties to the complaint reside in different states. A public interest legal group called Towards Justice is also involved. |
Thomas McGarity, a professor at the University of Texas Law School, said the public nuisance doctrine had been successfully applied more recently in environmental cases, including those where animal runoff or chemicals had polluted the local water supply. He said nuisance cases involving pathogens had historically been successful as well, though they typically involved pathogens that could be spread through insects or other animals. | Thomas McGarity, a professor at the University of Texas Law School, said the public nuisance doctrine had been successfully applied more recently in environmental cases, including those where animal runoff or chemicals had polluted the local water supply. He said nuisance cases involving pathogens had historically been successful as well, though they typically involved pathogens that could be spread through insects or other animals. |
In a Colorado case from the early 20th century, a judge ordered a defendant to stop operating a ranch in which he fed garbage and discarded meat to hogs, sickening them and risking the spread of disease throughout the community. | In a Colorado case from the early 20th century, a judge ordered a defendant to stop operating a ranch in which he fed garbage and discarded meat to hogs, sickening them and risking the spread of disease throughout the community. |
“The vector is not a mosquito, it’s a worker — that’s what distinguishes this case from a classic nuisance case,” Mr. McGarity said. “But if you think about the nature of this coronavirus and the fact that it you can be shedding the coronavirus without displaying any of the symptoms, it’s not so far different from a mosquito.” | “The vector is not a mosquito, it’s a worker — that’s what distinguishes this case from a classic nuisance case,” Mr. McGarity said. “But if you think about the nature of this coronavirus and the fact that it you can be shedding the coronavirus without displaying any of the symptoms, it’s not so far different from a mosquito.” |
He said that if the suit against Smithfield was successful, a judge would probably require the company to use the best available technology to reduce the risk of contagion, such as better protective equipment and spacing. | He said that if the suit against Smithfield was successful, a judge would probably require the company to use the best available technology to reduce the risk of contagion, such as better protective equipment and spacing. |
Updated July 7, 2020 | |
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization. | |
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. | Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. |
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
Mr. Fuentes, the director of the local alliance, said that before the pandemic, the question of bathroom breaks had been a top concern of workers. | Mr. Fuentes, the director of the local alliance, said that before the pandemic, the question of bathroom breaks had been a top concern of workers. |
Since the pandemic arrived, Mr. Fuentes said, the concern has shifted almost entirely to the risk of exposure and infection, especially once schools closed in the area. “After that, a lot of workers got really scared,” he said. “The workers said, ‘The kids are not going to school, but they’re making us go to work.’” | Since the pandemic arrived, Mr. Fuentes said, the concern has shifted almost entirely to the risk of exposure and infection, especially once schools closed in the area. “After that, a lot of workers got really scared,” he said. “The workers said, ‘The kids are not going to school, but they’re making us go to work.’” |
Several dozen workers signed a letter that was delivered to plant management during the week of March 30 complaining of cramped conditions and a lack of protective equipment and accommodations for sick leave. It cited the company’s policy of assigning workers a disciplinary point — a tally that can lead to dismissal — if they took a day off. | Several dozen workers signed a letter that was delivered to plant management during the week of March 30 complaining of cramped conditions and a lack of protective equipment and accommodations for sick leave. It cited the company’s policy of assigning workers a disciplinary point — a tally that can lead to dismissal — if they took a day off. |
The letter asked the company to address these concerns and to slow down processing lines so that workers had time to cover their mouths while coughing or to clean their nose after sneezing. | The letter asked the company to address these concerns and to slow down processing lines so that workers had time to cover their mouths while coughing or to clean their nose after sneezing. |
The company later installed barriers between some workers on the line, but the complaint says the barriers, which hang from above, often aren’t low enough to shield their faces. The company also began providing masks last week and has carried out temperature checks. Its chief executive has said that Smithfield is following guidance from the Centers for Disease Control and Prevention and urged employees: “Do not report to work if you are sick or exhibiting Covid-19 symptoms. You will be paid.” | The company later installed barriers between some workers on the line, but the complaint says the barriers, which hang from above, often aren’t low enough to shield their faces. The company also began providing masks last week and has carried out temperature checks. Its chief executive has said that Smithfield is following guidance from the Centers for Disease Control and Prevention and urged employees: “Do not report to work if you are sick or exhibiting Covid-19 symptoms. You will be paid.” |
But according to the complaint, plant managers discourage workers from taking sick leave, and Smithfield has done little to address the other problems described in the letter. | But according to the complaint, plant managers discourage workers from taking sick leave, and Smithfield has done little to address the other problems described in the letter. |
And some company policies have added to safety concerns. In March, Smithfield announced that workers in Milan would receive a $500 bonus if they worked every shift they were scheduled for from April 1 to May 1. According to the complaint, this has given workers an incentive to show up “even when they are experiencing symptoms,” though the company later said that workers who missed time because of Covid exposure would still receive the money. | And some company policies have added to safety concerns. In March, Smithfield announced that workers in Milan would receive a $500 bonus if they worked every shift they were scheduled for from April 1 to May 1. According to the complaint, this has given workers an incentive to show up “even when they are experiencing symptoms,” though the company later said that workers who missed time because of Covid exposure would still receive the money. |
“Heroes come in many forms,” the company wrote in a poster advertising the bonus, a translation from the poster’s Spanish version. “At Smithfield we accept responsibility in everything we do. And we reward those who accept responsibility.” | “Heroes come in many forms,” the company wrote in a poster advertising the bonus, a translation from the poster’s Spanish version. “At Smithfield we accept responsibility in everything we do. And we reward those who accept responsibility.” |