A federal judge has ordered Smithfield to comply with public health guidelines at a meatpacking plant in Milan, Mo., after a whistleblower argued that workers are not being protected from the coronavirus.

The lawsuit, filed by a local nonprofit advocating for worker rights and an anonymous longtime plant employee, is the first of its kind seeking to use the courts to force companies to abide by federal guidelines to protect workers operating in dangerous conditions.


Meatpacking and processing plants have become incubators for the coronavirus. Hundreds of employees have tested positive at numerous plants across the country, leading several to shut down or slow operations.

A court hearing will be held on Thursday. In the meantime, the judge told Smithfield to follow recommendations from the Occupational Safety and Health Administration and the Centers for Disease Control and Prevention.

The lawsuit alleges Smithfield has not provided sufficient protective gear or allowed for social distancing on the job. After not providing any masks to workers, employees as of April 20 were given a single mask to wear for a week; they were provided a replacement only if the mask broke, according to the complaint. Workers must take breaks in cramped hallways and restrooms, and they are not given the chance to wash their hands, the complaint says.

Employees were also discouraged from taking sick leave: Workers were offered a $500 bonus if they did not miss a shift in April. At least eight employees at the plant have had coronavirus symptoms.


Smithfield’s “current operations constitute a public nuisance because they unreasonably interfere with the common public right to public health” and because they violate Smithfield’s duty to provide its workers with a safe workplace, the complaint says.

Plaintiffs are being represented by Public Justice, a national nonprofit legal group.

Smithfield did not immediately respond to a request for comment.