A case was filed by United Food and Commercial Workers (UFCW) Local 401 concerning he death of three workers from COVID was arbitrated in favor of the employer Cargill Inc. The Union alleged that Cargill failed to protect their workforce at the High River plant. During April, Cargill closed the plant for a two-week period since there were insufficient employees to maintain operations.
The UFCW demanded that Cargill pay each employee CAN$10,000 and the Union CAN$100,000 amounting to approximately CAN$20 million The arbitrator, James Casey, noted the limited scientific information available as to the transmissibility and routes of infection of SARS-CoV-19 in April 2020. Initial advice issued by medical authorities in the U.S. and Canada was based on the assumption that the disease was analogous to seasonal influenza requiring distancing and cleaning of surfaces. It was not until a few months into the pandemic that scientists were able to demonstrate that the disease was transmitted by airborne droplets. This route played a role in transmission among workers not only in plants but during commuting, social gatherings and in homes. Epidemiologic investigations ultimately identified 1,500 cases linked to the outbreak in the plant with 951 employees seroconverting to SARS-CoV-19, representing half of the plant workforce.
James Casey noted, “It is not appropriate to second-guess Cargill’s decision based on current scientific knowledge about COVID-19 and current regulatory advice.” Casey did criticize Cargill for failing to communicate with the Joint Health and Safety Committee in the plant to address hazards. Damages were not awarded for this failure characterized as a “narrow but important deficiency”.
The decision by an arbitrator in Canada does not establish case law in either that nation or the U.S. Courts will, however, follow the same logic in determining that packing plant operators cannot be held responsible for actions taken based on available scientific knowledge and the advice of health authorities.