Latino leaders request investigation after Fresno County, Foster Farms email trail revealed
The California Latino Legislative Caucus on Thursday called for an investigation of the Fresno County Department of Public Health after a Fresno Bee story revealed officials tipped off Foster Farms about looming COVID-19 inspections.
The 29-member caucus has asked Gov. Gavin Newsom to launch the investigation. The California Asian and Pacific Islander Legislative Caucus sent its own letter to the governor for the same reasons.
The calls for the investigation come after emails showed that during the coronavirus outbreak at the Foster Farms South Cherry Avenue plant, Fresno County Department of Health officials warned company executives about a Cal/OSHA inspection, coached the corporation on talking points, withheld information from the public and issued no COVID-related corrective actions.
The emails were obtained through a Public Records Act request filed by The Bee.
At least five people who worked at the plant have died in connection to the virus and hundreds have been infected, according to the company and Cal/OSHA. At least 22 people who worked at Foster Farms’ Fresno facilities have been hospitalized related to the virus.
Assemblymember Joaquin Arambula, D-Fresno, said the workers at the plant are overwhelmingly Latino and almost entirely people of color.
“This Bee story does raise disturbing questions about trust,” he said. “If a county health department is more concerned about helping a business owner rather than safeguarding the health and well-being of people who work at this business, what are we to think?”
Foster Farms did not immediately issued a statement following the news conference.
The state Assembly members who held the news conference on Thursday were joined by Bobby Singh Dhillon whose father, Baljinder, was a 41-year employee of the Fresno plant, where his family said he caught the virus.
“He had plans to retire in December of 2020 and enjoy the fruits of his labor,” Singh Dhillon said as he fought back tears. “His battle with COVID lasted 22 days and it took his life.”
Regulatory agencies like Cal/OSHA have been stretched thin during the pandemic so local-level health agencies have sometimes acted as a last line of inspection.
In an opinion piece carried by The Bee, FCDPH Director David Pomaville said his department has worked closely with businesses as consultant to ensure they meet guidelines. Sometimes those visits are a surprise and sometimes they are arranged.
Fresno County CAO Jean Rousseau said The Bee story referenced by state leaders misrepresented the meeting planned in the emails, which was never meant to be a surprise visit.
“We feel it was inaccurate and misrepresented the facts of what happened,” he said. “In this situation, the Attorney General’s Office was comfortable with our approach.”
The county had already done a surprise and visit and the one addressed in the emails was a follow-up that needed to be attended by high-ranking Foster Farms executives. It was OK’d by state regulators, Rousseau said.
The county Health Department has filled the gap left open by overwhelmed state regulators like Cal/OHSA and U.S. Department of Agriculture, Rousseau said. The Bee story and the response by state leaders “throws us under the bus, runs over us a couple of times,” he said.
“I’m frustrated that our local assemblyman has not offered to volunteer for one thing yet has held us derelict of our duty,” Rousseau said. “I offered to work with him. He refuses to speak to me.”
Rousseau went on to say the county has made mistakes but never colluded with businesses to the detriment of employees.
Foster Farms has been under scrutiny throughout the pandemic.
In August, Merced County Health Department ordered the Foster Farms plant in Livingston to shut down following a large outbreak. A UFW lawsuit accused the company of ignoring social-distancing protocols and failing to provide workers with masks. At least nine workers have died, the lawsuit alleges. Foster Farms called the lawsuit “without merit.”
Calling for greater scrutiny since the first weeks of the pandemic was Jakara Movement Executive Director Naindeep Singh, who has said he raised concerns on behalf of the workers too afraid to speak publicly.
“We must also look at our public agencies — Cal/OSHA and our county public health departments — that are paid for by the public and are to serve and protect the public,” he said. “Are they charged to protect communities or corporations?”
In a written statement from earlier this month, Foster Farms told The Bee that when the county reviewed their COVID-19 mitigation plan, they were found to be “in adherence with county guidance.” With help from the county, Foster Farms has vaccinated 951 full-time employees at the plant to date and has a robust testing strategy, according to the statement.
Cal/OSHA public information officer Erika Monterroza told The Bee earlier this month the state agency was not aware the Fresno County Health Department had given advanced notice to the employer of the inspection.
Fresno County officials are expected to act transparently and anyone found through an investigation to be acting improperly could face discipline, according to state Sen. María Elena Durazo, D-Los Angeles, who is president of the Latino Caucus.
“Whatever the investigation uncovers, we would proceed from there to take other steps,” she said. “Who was responsible for this? And that actions be taken for those who are responsible.”
This story was originally published March 25, 2021 at 9:38 AM with the headline "Latino leaders request investigation after Fresno County, Foster Farms email trail revealed."
