Court upholds Michigan order requiring COVID testing of farm workers

The U.S. District Court for the Western District of Michigan has upheld an emergency order that requires COVID-19 testing for migrant or seasonal farm workers.

A complaint was filed Aug. 11 on behalf of farmworkers that challenged an Aug. 3 Michigan Department of Health and Human Services emergency order mandating COVID-19 testing, citing racial discrimination. The court ruled in favor of the MDHHS emergency order, however.

RELATED: Farmworkers in Michigan file complaint against mandatory testing order

The order, which was announced on Aug. 3, remains in effect. It 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 to 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 Aug. 24. 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.

Failure to comply with this order may result in the issuance of a civil monetary penalty under the authority of MCL 333.2262.

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.