(WWJ) A federal appeals court has ruled in favor of Gov. Gretchen Whitmer regarding mandatory COVID-19 testing for some workers in Michigan.
In a 3-0 decision Wednesday, U.S. Court of Appeals for the Sixth Circuit upheld the state’s power to require certain agricultural and food processing employers, as well as farm worker housing providers, to implement testing protocols for workers who the state identified as especially at risk to contract and spread COVID-19.
The civil rights case Castillo v. Whitmer had challenged the constitutionality of that mandate.
"The governor welcomes this decision upholding her strategy to save lives and protect the food supply.” Press Secretary Tiffany Brown said, in a statement released by Whitmer's office following word of the court's decision.
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State officials say the order, issued by Michigan Department of Health and Human Services Director Robert Gordon, "makes Michigan a national leader in COVID-19 safety protections for agricultural and migrant workers," building on Executive Orders from Whitmer requiring workplace safety measures in meat and poultry processing plans and safe housing for COVID positive migrant workers.
Last month, MDHHS said it had identified 11 outbreaks in farms and food processing plants in Michigan in a few-week period.
Also a factor, the state says Latinos are 5% of Michigan’s population but represent 11% of COVID cases in which the individual’s ethnicity has been identified.
“The men and women who work in our fields and food processing plants are at particular risk for COVID-19, and they need and deserve protection,” said Gordon, in a statement.
The state says failure to comply with the testing order may result in civil fines.