This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2020/04/29/us/trump-meat-shortage-coronavirus.html

The article has changed 30 times. There is an RSS feed of changes available.

Version 9 Version 10
The Trump Administration’s Legal Moves to Prevent a Meat Shortage, Explained The Trump Administration’s Legal Moves to Prevent a Meat Shortage, Explained
(about 1 hour later)
WASHINGTON — The Trump administration moved this week to try to mitigate the effects from the shutdowns of beef, pork and poultry processing facilities amid the Covid-19 pandemic that have potentially endangered an important part of the nation’s food supply chain. But the policy moves have generated confusion.WASHINGTON — The Trump administration moved this week to try to mitigate the effects from the shutdowns of beef, pork and poultry processing facilities amid the Covid-19 pandemic that have potentially endangered an important part of the nation’s food supply chain. But the policy moves have generated confusion.
“We are, in many regards, in uncharted territory,” said James E. Baker, a former legal adviser to the National Security Council and a professor of national security law at Syracuse University.“We are, in many regards, in uncharted territory,” said James E. Baker, a former legal adviser to the National Security Council and a professor of national security law at Syracuse University.
No. Some news outlets reported, citing unnamed administration officials, that President Trump was simply ordering meatpacking plants to continue operating. But that dramatic understanding of his action was inaccurate, according to legal experts.No. Some news outlets reported, citing unnamed administration officials, that President Trump was simply ordering meatpacking plants to continue operating. But that dramatic understanding of his action was inaccurate, according to legal experts.
“This is more symbolism than substance,” said Stephen I. Vladeck, a professor of national security law at the University of Texas at Austin. “He’s opening the door for the executive branch to take some far more specific actions vis-à-vis the meat plants, but the order itself doesn’t do anything.”“This is more symbolism than substance,” said Stephen I. Vladeck, a professor of national security law at the University of Texas at Austin. “He’s opening the door for the executive branch to take some far more specific actions vis-à-vis the meat plants, but the order itself doesn’t do anything.”
The Trump administration did two interacting things to reduce risks that might prompt plants to shut down.The Trump administration did two interacting things to reduce risks that might prompt plants to shut down.
First, the Occupational Safety and Health Administration and the Centers for Disease Control and Prevention issued joint interim guidance laying out detailed safety standards for meat processing facilities in light of the coronavirus outbreak.First, the Occupational Safety and Health Administration and the Centers for Disease Control and Prevention issued joint interim guidance laying out detailed safety standards for meat processing facilities in light of the coronavirus outbreak.
Second, Mr. Trump signed an executive order declaring that meat was a “scarce and critical material essential to the national defense” under the Defense Production Act, while delegating to the secretary of agriculture, Sonny Perdue, the authority to use powers granted by that law to help meat processors continue operations.Second, Mr. Trump signed an executive order declaring that meat was a “scarce and critical material essential to the national defense” under the Defense Production Act, while delegating to the secretary of agriculture, Sonny Perdue, the authority to use powers granted by that law to help meat processors continue operations.
If meat processing plants adhere to the standards, they could reduce both the risk of future widespread outbreaks at the plants and the risk of legal liability to employers if workers nevertheless get sick.If meat processing plants adhere to the standards, they could reduce both the risk of future widespread outbreaks at the plants and the risk of legal liability to employers if workers nevertheless get sick.
The precautions include requiring workers to wear masks; reconfiguring communal work spaces to keep people at least six feet apart and erecting barriers between them “if feasible”; staggering shifts to encourage social distancing; disinfecting regularly; removing fans that might blow viruses from one person to the next; screening and monitoring the work force for the illness; and following various steps if a worker shows symptoms of illness.The precautions include requiring workers to wear masks; reconfiguring communal work spaces to keep people at least six feet apart and erecting barriers between them “if feasible”; staggering shifts to encourage social distancing; disinfecting regularly; removing fans that might blow viruses from one person to the next; screening and monitoring the work force for the illness; and following various steps if a worker shows symptoms of illness.
If employers try in good faith to adhere to the standards, OSHA has said it will not cite the owner of a meat processing plant for operating an unsafe workplace.If employers try in good faith to adhere to the standards, OSHA has said it will not cite the owner of a meat processing plant for operating an unsafe workplace.
Moreover, if sick workers or their estates file lawsuits claiming that they were exposed to the virus at work because of their employer’s negligence, following these standards will provide a defense in court: The Trump administration has offered to have a Labor Department official testify as a witness at trial that the federal government thinks the company was not at fault.Moreover, if sick workers or their estates file lawsuits claiming that they were exposed to the virus at work because of their employer’s negligence, following these standards will provide a defense in court: The Trump administration has offered to have a Labor Department official testify as a witness at trial that the federal government thinks the company was not at fault.
For now, nothing concrete. But it could repel any hypothetical future attempt by state officials to shut down a meat processing plant by imposing more stringent health and safety rules than the new federal guidance, and then accusing the facility of failing to live up to local standards.For now, nothing concrete. But it could repel any hypothetical future attempt by state officials to shut down a meat processing plant by imposing more stringent health and safety rules than the new federal guidance, and then accusing the facility of failing to live up to local standards.
The Defense Production Act permits the federal government to issue orders allocating where “scarce and critical material essential to the national defense” should go. The idea appears to be that Mr. Perdue could use this power to instruct a specific meat producer to allocate its product to grocery wholesalers in line with its existing contracts — thereby bestowing a federal gloss on those arrangements.The Defense Production Act permits the federal government to issue orders allocating where “scarce and critical material essential to the national defense” should go. The idea appears to be that Mr. Perdue could use this power to instruct a specific meat producer to allocate its product to grocery wholesalers in line with its existing contracts — thereby bestowing a federal gloss on those arrangements.
While some of the meatpacking plants have shut down voluntarily after outbreaks to clean their facilities, others have been ordered closed by local health officials. But those closures happened before the federal guidelines. Going forward, if state or local regulators created stricter rules, this maneuver could provide a basis to argue to a judge that the federal standards pre-empted the local ones.While some of the meatpacking plants have shut down voluntarily after outbreaks to clean their facilities, others have been ordered closed by local health officials. But those closures happened before the federal guidelines. Going forward, if state or local regulators created stricter rules, this maneuver could provide a basis to argue to a judge that the federal standards pre-empted the local ones.
Updated June 12, 2020 Updated June 16, 2020
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.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
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.
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.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
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.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
How that would go is an open question. A 1950 ruling from a Federal District Court in Minnesota suggested that if there were a conflict with local rules, a Defense Production Act arrangement would prevail. But Mr. Baker noted that the act’s allocation powers “have not been used in a long time, nor have they been fully litigated.”How that would go is an open question. A 1950 ruling from a Federal District Court in Minnesota suggested that if there were a conflict with local rules, a Defense Production Act arrangement would prevail. But Mr. Baker noted that the act’s allocation powers “have not been used in a long time, nor have they been fully litigated.”
Still, he added, it might not be put to the test because there would also be pressures on all involved — the federal and state governments, companies and workers — to reach an accommodation rather than get mired in court.Still, he added, it might not be put to the test because there would also be pressures on all involved — the federal and state governments, companies and workers — to reach an accommodation rather than get mired in court.
“It seems that the public interest is in public health and protein, not just one or the other,” he said.“It seems that the public interest is in public health and protein, not just one or the other,” he said.
That is unclear.That is unclear.
“Where the U.S.D.A. does actually issue a whole bunch of orders,” Mr. Vladeck said, “it would be hard but not impossible to hold the industry liable for things they did that they had to do because of the orders.”“Where the U.S.D.A. does actually issue a whole bunch of orders,” Mr. Vladeck said, “it would be hard but not impossible to hold the industry liable for things they did that they had to do because of the orders.”
One part of the Defense Production Act states that nobody “shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this act.” That could be interpreted broadly as providing meatpacking plants with immunity from monetary damages if they were operating under a Defense Production Act allocation order and in compliance with the OSHA safety guidelines.One part of the Defense Production Act states that nobody “shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this act.” That could be interpreted broadly as providing meatpacking plants with immunity from monetary damages if they were operating under a Defense Production Act allocation order and in compliance with the OSHA safety guidelines.
However, there are several cases in which the meaning of this phrase has been weighed in court in which both district and appeals court judges have interpreted that part of the law much more narrowly. They ruled that it does not bar negligence lawsuits, but rather it merely precludes lawsuits over contracts that went unfulfilled because of a Defense Production Act order to prioritize something the government wanted done.However, there are several cases in which the meaning of this phrase has been weighed in court in which both district and appeals court judges have interpreted that part of the law much more narrowly. They ruled that it does not bar negligence lawsuits, but rather it merely precludes lawsuits over contracts that went unfulfilled because of a Defense Production Act order to prioritize something the government wanted done.
David Yaffe-Bellany contributed reporting from Princeton Junction, N.J.David Yaffe-Bellany contributed reporting from Princeton Junction, N.J.