After the U.S. District Court for the Western District of Michigan denied a temporary restraining order in a lawsuit challenging Michigan’s order requiring the testing of farm and food processing employees for COVID-19, the Director of the Michigan Department of Health and Human Services has applauded the court’s denial and says that the order remains in effect.
Director Robert Gordon says the decision regarding a lawsuit challenging the department’s order requiring testing to protect farm and food processing employees from COVID-19 means the order is still valid.
Gordon says, “MDHHS appreciates the judge’s ruling,” and adds, “The department’s goal is to save lives during a pandemic that has killed more than 6,300 people in Michigan. At a time when farms, food processing plants and migrant worker camps face 21 outbreaks, the best way to save lives is to support and test these hard-working employees.”
The original testing order, which was announced on August 3rd, remains in effect, and requires migrant housing camp operators to provide COVID-19 testing as follows:
- One-time baseline testing of all residents ages 18 and over.
- Testing of all new residents with 48 hours of arrival, with separate housing for newly arriving residents for 14 days and a second test 10 – 14 days after arrival.
- Testing of any resident with symptoms or exposure.
Employers of migrant or seasonal workers, meat, poultry and egg processing facilities and greenhouses with over 20 employees on-site at a time to provide COVID-19 testing as follows:
- One-time baseline testing of all workers.
- Testing of all new workers prior to any in-person work.
- Testing of any worker with symptoms or exposure.
The deadline for businesses to comply is a week from today on Monday, August 24th. Those seeking assistance with compliance can email MDHHS-Migrant-Affairs@michigan.gov. Additional information, including a Frequently Asked Question document, is available on the COVID-19 website at this link:
https://www.michigan.gov/coronavirus/0,9753,7-406-98178_101429—,00.html
State officials say that failure to comply with the order may result in the issuance of a civil monetary penalty under the authority of MCL 333.2262.
