OSHA

OSHA Fines Smithfield Foods, JBS for Failing to Protect Workers from COVID-19

By Food Safety Tech Staff
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OSHA

The combined fines were less than $30,000, leaving critics on all sides in disagreement.

Last week OSHA cited Smithfield Packaged Meats in Sioux Falls, South Dakota for failing to protect its workers from COVID-19 exposure. The federal agency issued a fine of $13,494 and cited a violation of failing to provide a violation-free environment following an inspection. More than 1200 workers for Smithfield Foods have contracted COVID-19 and four have died since April. The company, which produces 5% of the nation’s pork, has been under investigation since the early spring for its workplace conditions and the large coronavirus outbreak among employees. It has continued to defend itself against “misinformation”, with President and CEO Kenneth Sullivan going as far as submitting a letter to Senators Elizabeth Warren and Cory Booker at the end of June. Smithfield has 15 business days to pay the fine or contest the citation—and the company will reportedly contest the fine, as a company spokesperson called it “wholly without merit”.

During the September 17 Episode of the 2020 Food Safety Consortium Virtual Conference Series, experts will discuss COVID-19, worker safety and managing quality in the new normal | Register NowOSHA also slapped meat packer JBS with a proposed fine of $15,615, also for a “violation of the general duty clause for failing to provide a workplace free from recognized hazards that can cause death or serious harm”. Nearly 300 workers have reportedly contracted COVID-19, and seven employees died. JBS also has 15 days to comply with or contest the fine, which a company spokesperson said is “entirely without merit” and that OSHA was trying to enforce a standard not even in existence in March.

“Contrary to the allegations in the citation, the Greeley facility is in full compliance with all recommended guidance and hazard abatements. The facility has been audited and reviewed by multiple health professionals and government experts, including the CDC, local and state health departments, third-party epidemiologists, and the Department of Labor, National Institute for Occupational Safety and Health, who twice visited the plant during the citation period, and issued favorable reports on April 20 and May 8,” according to a statement by a JBS spokesperson. “The Greeley facility has only had 14 confirmed positives in the past three and half months, representing 0.4% of our Greeley workforce, despite an ongoing community outbreak. The facility has not had a positive case in nearly seven weeks, despite more than 1,730 positives in the county and more than 33,300 positive cases in the state during the same time period.”

Meanwhile Kim Cordova, president of the union that represents JBS workers, stated that the company penalty is simply a drop in the bucket and not severe enough. “A $15,000 ‘penalty’ from OSHA is nothing to a large company like JBS. In fact, it only incentivizes the company to continue endangering its employees. The government has officially failed our members, the more than 3,000 workers at JBS Greeley, who have protected the food supply chain while our communities quarantined during the pandemic. It is immoral and unethical, but in the current Administration, unfortunately not illegal, that OSHA waited seven months to investigate the unsafe working conditions that led to this deadly outbreak. Because of this failure, JBS Greeley is the site of the most meat processing plant worker deaths in the nation due to Covid-19.”

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