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Pork factory worker claims company won't let them cover mouths to sneeze and are punished if they miss a single piece of meat

The lawsuit alleges that Smithfield's pork plant may become a public health risk if the workers become infected with coronavirus

Graig Graziosi
Friday 24 April 2020 22:30 BST
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A worker at a Smithfield Foods pork plant in Missouri is suing the company, claiming it is punishing workers and flouting federal guidelines intended to prevent coronavirus infection outbreaks among essential workers. The worker was joined in the lawsuit by the Rural Community Workers Alliance.

The anonymous employee who filed the lawsuit claimed the company has threatened to punish workers just for missing a single piece of meat on the assembly lines.

According to the complaint, these strict conditions prohibit workers — who are not represented by a union — from covering their mouths when they sneeze or wipe their faces if they sweat during their shifts in the plant. The complaint claims these conditions — among others — are evidence of Smithfield's indifference to employee and public health amid the pandemic.

"Put simply, workers, their family members, and many others who live in Milan and in the broader community may die — all because Smithfield refused to change its practices in the face of this pandemic," the lawsuit says.

The company is also accused of offering incentives to workers to continue working even if they're sick, forcing workers to work in conditions that make social distancing impossible, and not providing enough protective gear to employees.

Axel Fuentes, director of the workers' alliance joining the lawsuit, told The New York Times that since early March "day after day, more [workers ] are concerned and scared about getting infected with the coronavirus."

He said some workers at the plant had shown symptoms — coughing, fever — but that few, if any, had been tested.

The lawsuit isn't seeking financial damages or penalties, but rather is poised to force Smithfield to change its labour practices.

Smithfield rejected the claims and said it would defend itself "aggressively" against the lawsuit. Keira Lombardo, the company's executive vice president for corporate affairs and compliance, told Law.com that the complaints were without merit.

"The allegations contained in the complaint are without factual or legal merit and include claims previously made against the company that have been investigated and determined to be unfounded," she said.

In the past, workers have accused the company of enforcing conditions that have resulted in stress injuries and limiting bathroom breaks to the point where employees were developing urinary tract infections.

Meatpacking plants have been hit especially hard by the virus; at least 10 meatpacking workers and three food processing workers have died of Covid-19. USA Today reported on Thursday that a US Department of Agriculture inspector working at meat processing plants also died from Covid-19.

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