Farm Crews Exempt from COVID-19 Stay-at-Home Rules
March 25, 2020 Several states across the country have issued shelter-in-place orders to curb spiking COVID-19 infections. Farm workers, however, are exempt since they are considered part of what the Department of Homeland Security and President Trump deemed agriculture as a critical infrastructure industry.
There have been scattered reports of police stopping drivers, asking for proof they work in an essential industry. You may want to supply your employees with a letter on company letterhead stating they work for your and that your operation grows produce. Some growers ask employees to carry recent pay stubs with them as additional proof.
Here are some of the state level reports:
California
California Governor Gavin Newsom ordered Californians to stay at home, the first state to do so.
“Governor Newsom’s order does allow people to commute to jobs deemed essential,” says Western Growers’ Cory Lunde.
Western Growers has posted a notice regarding the designation and how it allows for continued work on operations:
The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) included food and agriculture workers in its initial list of Essential Critical Infrastructure Workers, which is intended to ensure “continuity of functions critical to public health and safety, as well as economic and national security.”
Among the critical food and agriculture functions identified by CISA are farm workers and food manufacturer employees and their supplier employees.
CISA advises that the critical functions listed should continue normal operations unless modified to account for Centers for Disease Control workforce and customer protection guidelines.
While advisory in nature, CISA is offering this list to assist state and local officials in “prioritizing activities related to continuity of operations and incident response, including the appropriate movement of critical infrastructure workers within and between jurisdictions.”
Click here to read the full CISA memorandum and complete list of Essential Critical Infrastructure Workers.
Illinois
Governor JB Pritzker also include farms in his stay at home order:
“Essential Infrastructure. For purposes of this Executive Order, individuals may leave their residence to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure. Essential Infrastructure includes, but is not limited to: food production…”
Indiana
Indiana is following the Department of Homeland Security’s guidelines for essential industries. In Governor Holcomb’s statement ordering residents to stay at home, he includes:
“Food and beverage manufacturing, production, processing, cultivation, including farming, livestock, fishing, baking, and other production agriculture, including cultivation, marketing, production, and distribution of animals and goods for consumption; and businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities.”
Louisiana
Louisiana is currently has the third highest per capita infection rate in the country, following New York and Washington. Governor John Edward’s office has a more straight forward list of essential workers, listing, making it easier for all to understand:
- Healthcare workers and caregivers
- Mental health and Social Service workers
- Pharmacy employees
- Workers supporting groceries, pharmacies and other retail sales of food and beverage products
- Restaurant carryout and quick-serve food operations and food delivery employees
- Farm workers
- Electricity and Utility Industry Employees
- Critical Manufacturing Employees (medical supply chains, energy, transportation, food, chemicals)
- Petroleum, Natural and Propane Gas Workers
- Transportation and Logistics Workers
- Communications and Information Technology Employees
- Financial Services and Banking Industry Employees
Michigan
Michigan is asking employers in critical industries to tell which workers they are necessary to the business. It needs to be in writing starting April 1 and can be done orally until end of the day March 31:
“Businesses and operations must determine which of their workers are necessary to conduct minimum basic operations and inform such workers of that designation. Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means. Such designations, however, may be made orally until March 31, 2020 at 11:59 pm.”
If you operate an essential business, you can designate critical partners as essential as well (section 9, B1):
“A business or operation that employs critical infrastructure workers may designate suppliers, distribution centers, or service providers whose continued operation is necessary to enable, support, or facilitate the work of its critical infrastructure workers.”
New Jersey
New Jersey has issued at least two executive orders relating to COVID-19, including orders 107 and 108. Although farm workers are not expressly mentioned in the orders, the national level of critical infrastructure industries allows their continued work.
New York
New York’s Governor Cuomo issued a guideline statement on essential workers. Agriculture falls under the third group of industries, essential manufacturing. New York currently leads the country in COVID-19 infections per capita.
Ohio
Ohio Governor Mike DeWine was one of the first in the country to order a statewide shut down. Like others, agriculture is specified as an essential industry (Section 9).
Ohio also has a web resource for businesses impacted by the pandemic, allowing small businesses an array of support programs, from emergency loans to grace periods for health insurance premiums.
Oregon
Oregon has created a page devoted to COVID-19. It includes links for employers, including posters to post on how to avoid spreading the virus. The site focuses more on what is not allowed than the exceptions to the rules.
Washington
The state of Washington spells out which workers are essential perhaps more effectively than any other. Food and agriculture has its own section.
The ruling includes not only farm workers, but employees of companies that support agriculture. That includes chemical companies, lab testing, infrastructure such as packing houses and trucking.
Other states with stay at home orders include:
- Connecticut
- Delaware
- Hawaii
- Massachusetts
- New Mexico
- West Virginia
- Wisconsin
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