6/23/2020
What Meatpacking Workers Should Know About Their Health and Safety at Work During COVID-19
This is not legal advice. For free, confidential advice about your case, call us at (956) 996-8752.
What should my employer be doing to protect me at work?
On May 12, 2020, the CDC and Occupational Safety and Health Administration (OSHA) published guidelines for meat and poultry processing facilities to assist them in protecting workers.1 According to these guidelines, your employer should be trying to take the following measures to protect you:
Keep workers at least 6 feet away from each other at workstations and break rooms.
Increase frequency of cleaning and disinfection and make sure there is adequate ventilation in shared spaces.
Screen employees for potential COVID-19 symptoms before they enter the workplace.
Provide access to running water, soap, paper towels, and trash cans; have employees wash hands for at least 20 seconds.
Place hand washing or hand sanitizer stations in multiple locations and/or provide alcohol-based hand sanitizer that contains at least 60% alcohol.
Encourage sick employees to stay home without loss of incentives.
Stagger break times and arrival and departure times.
Consider providing cloth face coverings and/or face shields.
Establish a system for employees to alert their supervisors if they are experiencing signs or symptoms of COVID-19 or if they have had recent close contact with a suspected or confirmed COVID-19 case.
Consider building additional short breaks into staff schedules to increase how often staff can wash their hands with soap and water or use hand sanitizers with at least 60% alcohol.
What can I do to protect myself at work?
The CDC and OSHA recommend that workers at meatpacking plants do the following:
Stay home if you feel sick. Talk with a doctor and your supervisor about when you can return to work. Talk to your union representative too if you have one. Make note of who you spoke to, the date and time of the conversation and what was discussed.
Try to keep 6 feet away from other people at work and in public.
Wear a cloth face covering over your mouth and nose while in the workplace or in public.
Do not touch your eyes, nose, or mouth with unwashed hands or while wearing gloves.
Wash your hands frequently. Use soap and water for at least 20 seconds or use an alcohol-based hand sanitizer that contains at least 60% alcohol.
Cover coughs and sneezes; throw tissues away; wash hands or use sanitizer after sneezing or coughing.
Does my boss have to provide me with personal protective equipment (PPE)?
Yes. Under federal law, your boss must provide you with personal protective equipment (PPE), such as gloves, goggles, face masks, and respiratory protection, when they are needed to keep you safe while you are doing your job. What types of PPE your employer must provide you during the COVID-19 pandemic will depend on the risk of being infected or spread of the virus while working. Your employer must evaluate the workplace for risks, identify and provide appropriate PPE, train you in the use of the PPE, maintain and replace faulty PPE, and periodically review and update the effectiveness of the PPE. With few exceptions, your employer must pay for any required PPE.
For the meatpacking industry, the CDC and OSHA recommend that employers consider providing the following PPE:
face shields;
voluntary use of filtering facepiece respirators (such as an N95, if available), even if respirators are not normally required;
gloves, face and eye protection, and
other types of PPE when cleaning and disinfecting meat and poultry processing plants (including frequently touched surfaces), tools, and equipment.
What should I do if I feel sick?
Tell your employer. It is unlawful for your employer to retaliate against you for reporting an illness you got at work.
Call a doctor. Ask if you should come in for treatment and follow the doctor’s orders.
Stay away from other people and wear a face mask if you must be near others. Wash your hands frequently, with soap and water, for at least 20 seconds each time.
Can my boss send me home if I have symptoms of COVID-19?
Yes. Your boss has a duty to protect the health of all workers. The CDC and OSHA recommend that employers separate and send home workers who appear to have symptoms (e.g., fever, cough, or shortness of breath) upon arrival at work or who become sick during the day.
If I call in sick or go home early because I don't feel well, what information do I have to provide if my employer asks about my symptoms?
Federal guidance says that an employer can only ask questions to determine if you may have symptoms associated with COVID-19, such as fever, chills, cough, shortness of breath, and sore throat. The employer may also take your temperature at the worksite during the pandemic.
Does my boss have to pay me if they require me to stay home or quarantine?
If your boss employs less than 500 workers, you have the right to two weeks of paid sick leave if (1) a doctor tells you to quarantine because of COVID-19, or (2) you have COVID-19 symptoms and are trying to get a diagnosis.
If your boss employs more than 500 workers, it depends on your employer’s policies regarding sick leave and quarantining during the pandemic. If possible, before you take the job, ask your boss what their quarantining policies are. You have a right to ask without being retaliated against.
Do I have a right to know if there is an outbreak in my workplace?
Yes, you have a right to know if there is a health risk in your workplace. The CDC and OSHA recommend that employers inform anyone that has come into contact with a worker who has tested positive for the virus (including fellow workers, inspectors, graders, etc.) of their possible exposure to COVID-19, while maintaining confidentiality as required by the Americans with Disabilities Act (ADA).
If I think I contracted coronavirus while working, can I get worker’s compensation benefits?
Maybe. The laws regarding worker’s compensation depend upon the state in the U.S. where you are working.
For example, not all employers have worker’s compensation insurance in the State of Texas. If your employer does have worker’s compensation insurance, and you get coronavirus while performing your job, then you can apply for worker’s compensation benefits to pay for your medical expenses and a portion of your lost income if you are unable to work because of your illness. If your employer does not have worker’s compensation insurance, you still may have options to receive compensation.
In Texas, if your employer has worker’s compensation, you must notify the employer of your illness within thirty days after you learned that you believe you have become ill. You must notify your employer and the Texas Department of Insurance (TDI), Division of Workers’ Compensation (DWC), by filing a notice of work-related injury form (Form DWC-0412) and submitting it to the Texas DWC office.3 Keep a copy for your own records of the form you submit. Contact the DWC within 1-2 weeks after submitting your form to make sure they received it; their phone number is 1-800-252-7031. Keep the TDI updated about any changes in your health, income or address.
For more information on you rights if you contract the virus while working, see What Are My Rights If I Contract the Coronavirus While Working?
There is an outbreak in my worksite, what are my rights and what can I do?
Tell your boss, even if you think they already know. Your boss should then take steps to separate the sick individuals from other workers and prevent further spreading of the virus.
You should try to get tested and talk to a doctor about what steps to take. To find the testing center nearest you, you can search here. For Texas, you can find nearby COVID-19 testing locations on the Texas Department of Public Safety website, here.
You have the right to speak up about your concerns. If you feel your boss is not taking enough steps to protect you, you can talk to a lawyer or make a complaint to the federal health and safety agency, OSHA. See Staying Safe at Work During the Coronavirus for more information on how to contact OSHA and the TDI.
Can I quit or refuse to work because I feel unsafe?
You always have the right to leave a job that you feel is unsafe. You also have the right to speak up about health and safety issues, and your employer may not retaliate against you for doing so, even if you file a claim, make a complaint or file a lawsuit. If you’re a member of a union, you may have further rights under your union contract.
If you feel that there is an immediate threat to your safety and health, you may make a complaint to the federal health and safety agency, OSHA or in Texas, to the TDI. See Staying Safe at Work During the Coronavirus for more information how to contact OSHA and the TDI.
You may also refuse to work if you feel that you are being asked to do something unsafe – but, because meatpacking workers have been deemed “essential workers,” (meaning they have to work through the pandemic), refusing to work may be grounds for being fired. You may have better protections if you refuse to work with a group of other workers. If you are a member of a union, you should consult with your union contract or your union representative. A lawyer can talk to you about your rights if you are being threatened with being fired or if you are afraid to continue working in unsafe conditions.