U.S. Rep. Cindy Axne, who represents Perry in the U.S. House of Representatives in Washington, D.C., requested Tuesday a formal investigation by the Iowa Division of Labor into the handling by the Iowa Occupational Safety and Health Administration (OSHA) of a workplace complaint against the Tyson Fresh Meats pork processing plant in Perry.
Axne called Monday for an investigation after the Associated Press reported that Iowa OSHA failed to thoroughly follow up on an employee complaint at the Perry plant, where some 730 workers tested positive in April for COVID-19 infection.
“It is clear the investigation conducted by Iowa OSHA was severely lacking,” Axne said in her letter to Iowa Division of Labor Commissioner Rod A. Roberts. “Iowans are going to depend on Iowa OSHA as our economy tests its ability to safely reopen; therefore, the public must know why a direct complaint of unsafe conditions failed to produce any confirmation of an outbreak.”
Axne’s letter, a copy of which was also sent to Iowa Gov. Kim Reynolds, seeks public disclosure of specific answers in relation to the case, including what types of complaint would trigger an on-site inspection, what steps are followed when Iowa OSHA regularly receives complaints, and what changes might be made to expedite vetting of claims during the COVID-19 pandemic.
The full text of the letter follows:
Commissioner Roberts:
I write today greatly concerned about a report of Iowa Occupational Safety Health and Safety Administration (OSHA) not thoroughly investigating a worker complaint concerning COVID-19 at a meat processing plant in Perry, Iowa.
After the complaint was filed on April 11, Iowa OSHA reportedly took nine days to seek a response from the plant. After the plant responded with e-mailed answers, the case was closed without an on-site inspection or further follow-up. During that time, plants were being shut down around Iowa and the country. Days later, the public learned that there was an outbreak resulting in over 700 positive cases of COVID-19 at the Perry plant. It is clear the investigation conducted by Iowa OSHA was severely lacking.
The novel coronavirus has presented many challenges and unprecedented situations. However, Iowa OSHA has an obligation to ensure safe and healthful working conditions for Iowa’s workers, and by extension their families and communities. Reports that this complaint took weeks to investigate, did not result in an on-site inspection and was closed based solely on information provided by the employer are profoundly distressing. Iowans are going to depend on Iowa OSHA as our economy tests its ability to safely reopen; therefore, the public must know why a direct complaint of unsafe conditions failed to produce any confirmation of an outbreak we now know to have spread to more than half of this plant’s workers.
I respectfully ask that you conduct an investigation into how Iowa OSHA handled this specific worker complaint and publicly report the results. I would ask the investigation and report be focused on a few key questions:
1. What steps does Iowa OSHA follow upon receiving a worker complaint to closing it?
2. Why did it take Iowa OSHA nine days to seek an answer from the plant?
a. If this is standard, will Iowa OSHA make changes to assure the public of a rapid response during a public health emergency?
3. What information did Iowa OSHA gather to inform the investigation?
a. Did OSHA verify the e-mailed information from the plant?
4. If complaints of COVID-19 do not normally result in on-site inspections, what would trigger an inspection, and why did the investigation fail to meet that standard?
With many businesses reopening across the state, Iowans need to be assured that issues of workplace safety will be taken seriously, investigated swiftly, and inspected thoroughly. Thank you for your prompt attention to this matter and I look forward to your response.
Sincerely,
Cindy Axne
Member of Congress
