It is highly probable that individuals employed on farms or in packing plants will contract COVID-19.  Employers are obliged in terms of the Occupational Safety and Health Administration (OSHA) General Duty Clause to maintain a safe environment to take action to suppress infection.  Employers are also enjoined from releasing the identity of infected employees in terms of the American with Disabilities Act.  Results of screening or other diagnostic procedures must be held as confidential medical information.

The supervisor of an employee learning of a positive COVID-19 diagnosis is obligated to report the diagnosis to the company Human Resources Director or designated manager.

It is incumbent on the employer to take immediate action to determine the extent of infection in the workplace.  The following information can be requested from the employee:

• A list of co-workers with close contact during the 14-day incubation period prior to establishing the diagnosis.
• The affected employee should describe areas visited in the plant including workstation, breakroom and change rooms during the 14-day incubation period preceding the diagnosis.

Co-workers should be informed of the diagnosis without identifying the individual other than to authorize HR personnel to obtain epidemiologic information.  Affected workers or those in direct contact should be quarantined and contact should monitor for clinical symptoms and submit to testing in the event that they are concerned or develop symptoms.

A general notice to the effect that an employee has tested positive for COVID is permissible without identifying the worker. `Businesses are not obligated to disclose the existence of COVID-19 within the workforce but in the event of contact between the affected employee and third parties, it would be prudent to discuss preventive measures and subsequent monitoring of contacts.  Contractors assigning employees to a complex can be informed of the diagnosis on an affected employee noting the date which the diagnosis was confirmed.

HR departments in large companies should be familiar with requirements of the Americans with Disabilities Act and OSHA regulations.  Legal advice can be obtained in advance of a possible outbreak.

Companies should take preemptive measures to prevent introduction of COVID-19 into farms and packing plants including:

• Health screening each day
• Encouraging the use of masks
• Intensive decontamination at the end of the working shift
• Insulation of dry hydrogen generators in breakrooms, offices and change rooms
• Regular education sessions concerning protection from COVID-19 both in the community and the workplace