Summary: Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19
An executive order (“Order”) was signed by President Trump on April 28, 2020 addressing concerns by employers in the meat and poultry industry regarding potential liability to workers who contract the COVID-19 while at work. The Order does not compel plants to stay open, but it does exempt meat and poultry processing plants from complying with closure orders by state and/or local level governments. The rules and regulations related to the Order are to be promulgated by the Secretary of Agriculture shortly. These rules and regulations may define how much protection is actually being afforded employers from liability regarding employee exposure to COVID-19 and what, if any, new safety and health obligations are being imposed on the employer. How does the Order affect the obligations of an employer in the meat and poultry industry to protect its employees from COVID-19 in its workplace?