Workers at the pork processing plant in Milan are suing their employer, accusing the company of not doing enough to protect their health.
The New York Times has reported that an anonymous worker at Smithfield’s plant in Milan, along with a non-profit called the Rural Community Workers Alliance, had filed the suit Thursday in the United States Court for the Western District of Missouri.
The lawsuit accuses Smithfield of creating a public nuisance by allegedly failing to protect its workers from the coronavirus and other health problems. The plaintiffs argue that the company is requiring workers to stand shoulder to shoulder and go hours without being able to clean or sanitize their hands or take bathroom breaks. They say the problem is now compounded by the coronavirus. The disease has been described as hitting meatpacking plants particularly hard, reducing beef production capacity by 10 percent and pork production by 25 percent.
A spokeswoman for Smithfield told the New York Times that the lawsuit was without merit, adding that the accusations included claims previously made against the company that were later deemed unfounded. The New York Times notes that lawyers for the plaintiffs are attempting to apply public nuisance laws to worker safety, suggesting that unsafe conditions in the plant could impact the entire community of Milan.
Plaintiffs are not asking for monetary damages or compensation, but instead a court order for Smithfield to change its practices to reduce the risk of injury and illness.
Among the changes sought is slowing down the production line which workers say would give them time to cover their mouths while coughing or to clean their nose after sneezing. Smithfield says they have already installed barriers between some workers on their line, provided masks, and are doing temperature checks before workers clock in.
As of Friday morning, April 24, 2020, there were no confirmed positive cases of COVID-19 in Sullivan County, however, the anonymous worker says in the federal lawsuit that at least eight co-workers had to stay home after exhibiting symptoms consistent with the virus.
In quoting from the lawsuit, the plaintiff identified only as “Jane Doe” is participating by using a pseudonym because her years of experience at Smithfield suggest to her, that the company is allegedly likely to retaliate to her for speaking out.
.The suit states the plaintiff resides in Milan and has worked at Smithfield of Milan for more than five years. For most of that time, she has worked on the “cut floor”; side-by-side with other workers who cut and process the pork for up to what she says can be eleven hours every day.
According to information filed within the suit, the other plaintiff is the Rural community Workers Alliance (“RCWA”) which is listed as a Missouri non-profit corporation with its principal place of business in Green City.
The alliance describes itself as a membership organization consisting exclusively of workers in North Missouri, including numerous members who work at the Smithfield plant in Milan. The suit claims seven members of the non-profits’ current leadership council work at the plant, and between 60 and 70 workers attend its meetings.
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