Sleeping Within Six Feet: Challenging Oregon’s Labor Housing COVID-19
Guidelines
Emma K. Accorsi
a
, Julie Samples
b
, Linda A. McCauley
c
, and Nargess Shadbeh
b
a
Harvard T. H. Chan School of Public Health, Boston, Massachusetts, USA;
b
Oregon Law Center, Portland, Oregon, USA;
c
Emory University Nell
Hodgson Woodruff School of Nursing, Atlanta, Georgia, USA
ABSTRACT
Facing the onset of the COVID-19 pandemic and increasing outbreaks among farmworkers and
food processing workers across the nation, the Oregon Occupational Health and Safety
Administration (OR OSHA) issued temporary regulations, in contrast to optional recommenda-
tions, in late spring. These regulations aimed to reduce the risk of COVID-19 transmission among
farmworkers, but made compromises that may fail to reduce the risk of further outbreaks among
Oregon’s agricultural workers, particularly those living in agricultural labor housing. Instead of
considering the scientific literature that called for attention to space and length of time for social
distancing among unrelated persons in indoor areas, the agency accepted the 6-foot social
distancing rule of thumb and allowed even shorter distances between beds with the installation
of plastic or plywood barriers. The 6-foot distance (or less with a barrier) between people sleeping
next to each other in poorly ventilated housing has proved disastrous. Additionally, testing for
migrant and seasonal farmworkers is neither uniform nor thorough, and little data have been
collected to assess the success of existing testing efforts. New regulations must be adopted for
farm labor housing that limit occupancy to at most two unrelated individuals for a room of 200
square feet; include expanded specification on the provision of fresh air in shared living spaces;
and support increased access to testing, surveillance testing, and alternative safe housing at labor
housing sites for identified cases.
KEYWORDS
Farmworkers; COVID-19;
Oregon; labor housing
Oregon farmers rely heavily on migrant and sea-
sonal farmworkers from the Pacific seaboard to
harvest their prized blueberries, cherries, and
pears from late May into October. For nearly
a century, employer-provided labor housing has
been Oregon’s go-to solution for migrant and sea-
sonal farmworkers. Oregon’s Occupational Health
and Safety Administration (OR OSHA) regulates
the housing and working conditions of farmwor-
kers in Oregon. Oregon’s approximately 330 labor
housing sites can house up to 10,000 farmworkers
and their families during each season. As a state
plan state,
1
OR OSHA has its own regulations for
field sanitation
2
and labor housing,
3
but key provi-
sions that have become the focus of concern for
advocates during this pandemic, such as the num-
ber of toilets and sinks, square footage for occu-
pants, and ventilation, are not much different from
the federal regulations.
4,5
In March 2020, with the onset of COVID-19 in
Oregon, farmworker advocates familiar with the
minimally protective labor housing and field sani-
tation protections for farmworkers urged OR
OSHA to issue temporary regulations in the
areas of labor housing, transportation, and field
sanitation. They also urged the Oregon Health
Authority (OHA) to work with employers, clinics,
and public health officials to protect workers and
offer testing and treatment. OR OSHA immedi-
ately rejected this request, but allowed public
comments. More than a month later, after an
explosion of COVID-19 cases in agricultural set-
tings across the nation from New York to
Washington,
6,7
OR OSHA issued temporary reg-
ulations with an effective date of June 1, 2020.
8
Oregon identified 16 million USD to assist
growers in adapting to the temporary
regulations.
9
This included 5 million USD allo-
cated for the rental of portable toilets and sinks
for the field, as the new regulations require one
toilet and handwashing facility for every 10 work-
ers (1:10) in the field, instead of the federal
4
and
CONTACT Nargess Shadbeh nshadbeh@oregonlawcenter.org Oregon Law Center, Portland, OR, USA
JOURNAL OF AGROMEDICINE
2020, VOL. 25, NO. 4, 413–416
https://doi.org/10.1080/1059924X.2020.1815622
© 2020 Informa UK Limited, trading as Taylor & Francis Group