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Third Circuit agrees that a lack of imminent danger dooms food workers suit over COVID-19 conditions

PHILADELPHIA – In a matter of first impression, the U.S. Court of Appeals for the Third Circuit has unanimously upheld a lower court dismissal of a lawsuit from workers at a meat processing plant against both the Department of Labor and Occupational Safety and Health Administration – litigation which alleged the agencies refused to enforce COVID-19 pandemic protocols in spite of receiving complaints about the workplace situation, due to OSHA finding no “imminent danger” present.

Court Dismisses COVID-19-Plagued Meat Packing Plant Case

Thursday, April 8, 2021 On March 30, the U.S. District Court for the Middle District of Pennsylvania dismissed the complaint a group of meat packing plant workers filed last summer against then Secretary of Labor Eugene Scalia and the Occupational Safety and Health Administration (OSHA). The complaint sought to force the secretary of labor to take action to address allegedly “imminently dangerous” working conditions in which half of the plant’s employees contracted COVID-19. The plaintiffs, represented by Justice at Work Pennsylvania, Public Justice and Toward Justice, filed a first-of-its-kind claim directly against OSHA and the secretary of labor. In their complaint, the plaintiffs petitioned the court under Section 13(d) of the Occupational Safety and Health Act of 1970 to issue an order, known as a writ of mandamus, compelling the secretary of labor to take legal action against their employer, Maid-Rite Specialty Foods. Specifically, the plaintiffs asked the c

Judge throws out meatpacking workers COVID-19 safety lawsuit against OSHA

Judge throws out meatpacking workers COVID-19 safety lawsuit against OSHA
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