E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY
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`Case No.
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`PETITION AND
`JURY TRIAL DEMAND
`
`Levita Simmons, Administrator of the
`Estate of Arthur Scott, and Jeffrey
`Orvis, Executor of the Estate of James
`Orvis
`
`Plaintiffs,
`
`v.
`
`Tyson Foods, Inc., doing business as
`Tyson Pet Products, and Tyson Fresh
`Meats Group, a wholly owned subsidiary
`of Tyson Foods, Inc., John H. Tyson,
`Noel W. White, Dean Banks, Steven R.
`Stouffer, Tom Brower, Mary A.
`Oleksink, Elizabeth Croston, Scott
`Walston, David Scott, Tom Hart, Cody
`Brustkern, John Casey, Bret Tapken,
`Hamdija Beganovic, Ramiz Mujelic, and
`Unknown Plant Managers and
`Supervisors at Tyson Waterloo Plant
`and Unknown Plant Managers and
`Supervisors at Tyson Independence
`Plant.
`
`Defendants.
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`COMPLAINT
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`Plaintiff Levita Simmons, Administrator of the Estate of Arthur Scott, and
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`Plaintiff Jeffrey Orvis, Successor in Interest to Estate of James Orvis, by and
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`through their undersigned attorneys, bring this complaint seeking monetary
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`damages against Defendant Tyson Foods, Inc., doing business as Tyson Pet
`
`Products, Tyson Fresh Meats Group, John H. Tyson, Noel W. White, Dean Banks,
`
`Steven R. Stouffer, Tom Brower, Mary A. Oleksink, Elizabeth Croston, Scott
`
`Walston, David Scott, Tom Hart, Hamdija Beganovic, Ramiz Mujelic, and Unknown
`
`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 1 of 82
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`Exhibit A p. 1
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`Plant Managers and Supervisors at Tyson Waterloo Plant and Unknown Plant
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`Managers and Supervisors at Tyson Independence Plant:
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`INTRODUCTION
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`1.
`
`The global pandemic caused by the novel coronavirus COVID-19 has
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`engulfed the United States. The workers who keep America’s animal factories
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`running have suffered as a result of the coronavirus pandemic in ways that few
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`other people have—the calamitous consequences have included sickness and death
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`for many hard-working people.
`
`2.
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`Many of America’s factory farm workers are low-income, lack
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`specialized skills, and enjoy few, if any, job prospects besides working at the local
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`factory farm. They work very hard over long hours, receive low pay, and perform
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`physically grueling and emotionally devastating work, all to keep the nation’s
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`supply of meat steady and affordable.
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`3.
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`The factory farms that employ these farm workers have been deemed
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`“essential” and have stayed open.
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`4.
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`Many plant workers have never received adequate sick leave, other
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`paid time off, or protections from being summarily fired.
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`5.
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`These workers are thus forced to continue working, even if sick, in
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`order to avoid being fired.
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`6.
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`This puts all of the workers at risk. That risk is exacerbated because
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`the plants are unmitigated breeding grounds for coronavirus, where employees lack
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 2 of 82
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`Exhibit A p. 2
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`personal protective equipment, work elbow to elbow, and in conditions that include
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`inconsistent cleaning and sanitation.
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`7.
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`Tyson Foods, Inc. (Tyson) is a behemoth in the animal agriculture
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`industry. Its annual revenue in 2019 was $43 billion. It produces meat for human
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`consumption, as well as dog food and dog treats.
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`8.
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`Despite its vast wealth and resources, Tyson Foods, Inc., operating
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`through two of its subsidiaries in Iowa, has chosen to let workers get sick and die,
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`rather than take proper steps to ensure a safe workplace.
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`9.
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`Placing profits above people, Tyson enjoys the financial benefits of
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`being deemed an “essential” business but has not followed the clear health and
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`safety guidelines for protecting essential workers by the Centers for Disease Control
`
`and Prevention (“CDC”) and the Occupational Health and Safety Administration
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`(“OSHA”).
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`10.
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`The consequences of Tyson’s failure to protect its workers has been
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`dire: COVID-19 has spread at its Waterloo and Independence plants to employees,
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`as well as to the people they live with and the communities at large, causing serious
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`illness and multiple deaths. Had the business implemented appropriate
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`preventative measures, those harms would have been greatly reduced.
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`11.
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`Tragically, the fates of Tyson’s employees, as well as numerous Iowans
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`living in the vicinity of these two plants, was largely preventable. Defendants
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`ignored clear evidence that their employees were at serious risk of catching a
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 3 of 82
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`Exhibit A p. 3
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`serious disease, COVID-19, instead of putting basic health and safety measures in
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`place to protect them.
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`12.
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`Plaintiffs bring this action for injunctive relief to require Tyson,
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`through two of its subsidiaries, to follow CDC and OSHA guidelines and keep its
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`workers safe. They also seek monetary relief to redress the harms that they have
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`suffered and will continue to suffer in the future.
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`JURISDICTION AND VENUE
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`13.
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`This Court has jurisdiction over the Defendants because a substantial
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`portion of the acts and omissions giving rise to the Plaintiffs’ claims occurred in
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`Black Hawk County, Iowa.
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`14.
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`Plaintiffs certify, pursuant to IA Code § 619.18, that this action meets
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`applicable jurisdictional requirements for amount in controversy.
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`15.
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`Venue is proper under IA Code § 616.18 because more than one
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`Defendant resides in Black Hawk County.
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`PARTIES
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`A.
`
`The Named Plaintiffs
`
`16.
`
`Plaintiff Levita Simmons is the Administrator of the Estate of Arthur
`
`Simmons. Mr. Simmons was a 51-year-old father and employee of Tyson. He worked
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`at the Tyson Pet Products Plant in Independence, Iowa, which makes dog treats.
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`Mr. Simmons died on April 23, 2020 of COVID-19.
`
`17.
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`Plaintiff Jeffrey Orvis is the Executor of the Estate of his brother,
`
`James Orvis. James worked in the laundry room at the Tyson Plant in
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 4 of 82
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`Exhibit A p. 4
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`Independence, Iowa, which processes pork. Mr. Orvis died on April 19, 2020 of
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`COVID-19.
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`B.
`
`The Defendants
`
`
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`18. Defendant Tyson Foods, Inc. (“Tyson”) is a Delaware corporation with
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`its principal place of business in Arkansas.
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`19. Defendant Tyson Fresh Meats, Inc. (“Tyson Fresh Meats”) is a wholly
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`owned subsidiary of Tyson Foods, Inc., also incorporated in Delaware. It operates a
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`pork processing facility in Waterloo, Iowa.
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`20. Defendant Tyson Pet Products is a wholly owned subsidiary of Tyson
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`Foods, Inc. It is a Delaware corporation with its principal place of business in
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`Arkansas. Tyson Pet Products manufactures dog food treats at its Independence,
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`Iowa plant under the brand name “True Chews.”
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`21. Defendant John H. Tyson is the Chair of Tyson Foods, Inc.
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`22. Defendant Noel W. White is the Chief Executive Officer of Tyson
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`Foods, Inc.
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`23. Defendant Dean Banks is the President of Tyson Foods, Inc.
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`24. Defendant Steven R. Stouffer is the President of Tyson Fresh Meats,
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`Inc.
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`25. Defendant Tom Brower is the Senior Vice President of Health and
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`Safety of Tyson Foods, Inc.
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`26. Defendant Mary A. Oleksink is the Chief Human Resources Officer of
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`Tyson Foods, Inc.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 5 of 82
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`Exhibit A p. 5
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`27. Defendant Elizabeth Cranston is the Executive Communications
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`Manager for Tyson Fresh Meats.
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`28. On information and belief, Scott Walston was the Plant Manager of the
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`Independence plant at all relevant times prior to and during the period when
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`decedents Arthur Lee Scott and James Orvis contracted coronavirus and sustained
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`their fatal injuries. On information and belief, David Scott was and/or is Plant
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`Manager of the Independence plant and was the successor to Scott Walston.
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`29. Defendant Tom Hart is the Plant Manager of the Tyson Waterloo
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`Plant.
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`30. Defendant Cody Brustkern and John Casey hold and/or held at all
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`relevant times upper-level management positions at the Tyson Waterloo Plant.
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`They are required to identify potential safety hazards and be familiar with all
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`aspects of the Waterloo Plant.
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`31. Defendant Bret Tapken is the Safety Lead of Tyson Waterloo Facility.
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`He is required to identify potential safety hazards and be familiar with all aspects
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`of the Waterloo Plant.
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`32. Defendant Hamdija Beganovic is the Supervisor of the Tyson Waterloo
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`Plant.
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`33. Defendant Ramiz Muheljic is a general supervisor at the Tyson
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`Waterloo Plant.
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`34. Defendants Hart, Brustkern, Tapken, Beganovic, Muheljic were based
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`out of the Waterloo Plant.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 6 of 82
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`Exhibit A p. 6
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`35.
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`Defendants Unknown Plant Managers and Supervisors of the Tyson
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`Waterloo Plant are employees of Tyson and Tyson Fresh Meats who operate in a
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`supervisory or managerial capacity at the Tyson Waterloo Plant.
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`36.
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`Defendants Unknown Plant Managers and Supervisors of the Tyson
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`Independence Plant are employees of Tyson and Tyson Pet Products who operate in
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`a supervisory or managerial capacity at the Tyson Independence Plant.
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`A.
`
`A Health Pandemic Engulfs the Nation
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`FACTS
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`37.
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`In January 2020, a deadly coronavirus causing the disease COVID-19
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`began spreading throughout the world, killing more people than any other viral
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`outbreak has for decades.
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`38.
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`The United States had its first confirmed case of COVID-19 on
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`January 21. The rate of confirmed cases grew rapidly after that, as the virus spread
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`through cities, towns, and rural areas throughout the country. According to data
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`compiled by the CDC, the United States now has more than 27.6 million confirmed
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`cases and has incurred more than 489,000 deaths, thus far.1
`
`39.
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`The virus is highly contagious. A single person may be able to spread it
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`to 5 or 6 other people.2 It is an airborne illness that spreads mainly from person-to-
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`person contact, particularly between people who stand within 6 feet of each other.
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`Coronavirus travels through respiratory droplets produced when an infected person
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`coughs or sneezes, but it can also spread via smaller droplets emitted just by talking
`
`1 https://covid.cdc.gov/covid-data-tracker/#cases_casesinlast7days
`2 https://wwwnc.cdc.gov/eid/article/26/7/20-0282_article?deliveryName=USCDC_333-DM25287
`
`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 7 of 82
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`Exhibit A p. 7
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`or breathing. These droplets can land in the mouths or noses of people who are
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`nearby. COVID-19 can be transmitted from people who are not showing symptoms.
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`40. The coronavirus can remain in the air for up to three hours after a
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`person emits it. Another person can breathe in the virus in the air particles and
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`become infected.
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`41. COVID-19 is associated with an array of symptoms. On one hand,
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`some infected people have no symptoms at all. On the other hand, infected people
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`can display symptoms associated with common illnesses such as fever, body ache,
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`dry cough, fatigue, chills, headache, and sore throat. More severe symptoms include
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`shortness of breath, high fever, and severe cough. People infected by coronavirus
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`may also experience neurological symptoms (such as dizziness, confusion, and
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`seizures) and gastrointestinal symptoms (such as vomiting and diarrhea).
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`42.
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`Individuals who have been infected by the coronavirus may have mild
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`symptoms for several days or a week and then worsen rapidly. In other words, even
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`asymptomatic individuals can pose a health risk.
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`43. To stem the spread of the virus, public health experts cautioned the
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`public to stay home whenever possible and to follow “social distancing” protocols by
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`avoiding public spaces and groups and staying at least 6 feet away from others.
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`When exposure to others must occur, health experts recommended wearing masks,
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`frequently washing hands, not touching one’s own eyes, nose, or mouth prior to
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`washing hands, maintaining physical distance, and other practices.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 8 of 82
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`Exhibit A p. 8
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`44. These experts warned that failing to stay home on a large-scale basis
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`would allow the virus to spread unchecked, such that the number of confirmed cases
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`at any one time would overwhelm the hospital system and existing public health
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`infrastructure.
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`B.
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`COVID-19 Spreads Through Iowa
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`
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`45.
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` At the same time as the United States reported its first case of
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`COVID-19 on January 21, 2020, the United States Department of Health and
`
`Human Services declared a national public health emergency.
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`46. On March 8, 2020, three COVID-19 cases were reported in Iowa.
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`47. On March 9, 2020, Iowa Governor Kim Reynolds issued a Proclamation
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`of Disaster Emergency in response to the COVID-19 outbreak.
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`48. On March 11, 2020, the World Health Organization (WHO) declared
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`the COVID-19 outbreak a global pandemic.
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`49. Two days later, on March 13, 2020, President Donald Trump declared
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`a National Emergency in response to the COVID-19 outbreak.
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`50. Around the same time, on or about March 13, 2020, Tyson suspended
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`all United States commercial business travel, forbid all non-essential visitors from
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`entering Tyson’s offices and facilities, and mandated that all non-critical employees
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`at its U.S. corporate office locations work remotely.
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`51.
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`Just a few days later, on March 17, 2020, Governor Reynolds declared
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`a State of Public Health Disaster Emergency for the State of Iowa. President Trump
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`approved a disaster declaration for Iowa on March 24, 2020.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 9 of 82
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`Exhibit A p. 9
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`C.
`
`CDC Issues Guidelines To Reduce The Risk of Exposure to
`Coronavirus
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`52. On February 4, 2020, the CDC issued guidelines for employers and
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`employees regarding the COVID-19 pandemic, disseminating the public health
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`protocols that should be followed to stop the spread of the virus.3 That guidance was
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`updated on March 21, 2020.
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`53. The purpose of the CDC guidance was to “help prevent workplace
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`exposures to COVID-19 in nonhealthcare settings” and to “provide[] planning
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`considerations for community spread of COVID 19.”
`
`54. Among other guidance, the CDC provided that:
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`i. Employees who have symptoms should stay home and
`employers should develop flexible leave policies to allow
`employees to stay home, particularly by creating non-punitive
`sick leave policies;
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`ii. Employers should not require a positive COVID-19 test or a
`healthcare provider’s note for employees to take a sick leave;
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`iii. Sick employees should not return to work except in
`consultation with independent health care providers and state
`and local health departments;
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`iv. Employers should reduce face-to-face contact between
`employees;
`
`v. Employers should take steps to reduce transmission at the
`workplace by reassigning work tasks to maintain a social
`distance of six feet, staggering shifts, or allowing telework;
`
`vi. Employers should establish policies to minimize spread
`through a workplace by using contact-tracing and testing to
`identify workers who have likely been exposed to the disease
`and quarantining infected workers;
`
`
`3 https://www.cdc.gov/mmwr/volumes/69/wr/mm6905e1.htm
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 10 of 82
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`Exhibit A p. 10
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`vii. Employees should be encouraged to wash their hands and
`employers should facilitate this by providing hand washing
`stations;
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`viii. Employers should increase ventilation rates; and
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`ix. Employers should develop plans to clean high-touch areas with
`an EPA-approved cleaning agent.
`
`55.
`
`The CDC advised against gatherings of more than 10 people. It also
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`warned of “community spread” where the virus spreads easily and sustainably within
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`the community.
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`56.
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`On March 9, 2020, OSHA released guidance relating to safety in
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`factories. That guidance said that employers should offer surgical masks or
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`respirators to workers who could be exposed, especially workers who have to work
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`within 6 feet of each other.
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`D.
`
`Slaughterhouses and Meat Processing Facilities Are Breeding
`Grounds for COVID-19
`
`57.
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`The working conditions inside factory farms accelerate the spread of
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`airborne viruses like the novel coronavirus and leave workers particularly
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`vulnerable to contracting COVID-19.
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`58.
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`As the CDC recognized, the work environment for meat and poultry
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`processing workers, particularly in processing lines and other busy areas of the
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`plant, “contribute substantially” to the workers’ potential exposures to COVID-19.
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`This is for several reasons, including that:
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`i. Meat and poultry processing workers usually stand “elbow-to-
`elbow” with no partition or other way to shield themselves from
`each other’s emissions of an airborne virus.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 11 of 82
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`Exhibit A p. 11
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`ii. Workers are near each other in communal areas, such as when
`clocking in or out, during breaks, or in locker rooms.
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`iii. Shifts are long (e.g., 10-12 hours per shift) and require prolonged
`closeness to coworkers.
`
`iv. Many plants are not well-ventilated, raising the likelihood of
`exposure to a coworker’s COVID-19.
`
`v. Plants focus on sanitizing the floors and other points of contact with
`the animal product but do not adequately sanitize the areas with
`which workers come into contact. Workers are exposed to
`coronavirus because they must interact with potentially
`contaminated surfaces or objects, such as machines, tools, other
`equipment, workstations, or breakroom tables.
`
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`In addition, meat processing companies, including Defendants, have
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`59.
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`been speeding up production lines so that more meat can be processed at the plant
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`in the same amount of time. But faster lines require more workers in the same
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`amount of space, causing workers to have to stand closer together.
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`60. Moreover, to accommodate the faster processing speed, workers have
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`less time to practice necessary hygiene practices, such as washing their hands
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`regularly. Defendants used faster line speeds to increase production and profits by
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`knowingly sacrificing employees’ health and safety.
`
`61. The CDC also recognized additional factors that increase the risk of
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`contracting the coronavirus among meat and poultry processing workers, including:
`
`i.
`
`ii.
`
`sharing transportation such as ride-share vans or shuttle vehicles
`to/from the plants; and
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` frequent contact with fellow workers in community settings in
`areas where there is ongoing community transmission.
`
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 12 of 82
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`Exhibit A p. 12
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`62. The heightened risks created by these unique work environments,
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`coupled with certain plants’ failures to implement necessary or adequate safety
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`protocols to minimize the virus’ spread, meant that these plants became hotbeds of
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`COVID-19.
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`63.
`
`Indeed, as of September 7, 2020, the United Food and Commercial
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`Workers International Union estimated that 29,000 meatpacking and food
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`processing workers have been impacted by the virus, meaning they have tested
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`positive for COVID-19, missed work due to self-quarantine, are awaiting test
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`results, or have been hospitalized, and/or are symptomatic. It has confirmed 238
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`worker deaths in meatpacking and food processing.
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`E.
`
`Tyson’s Employees Deemed Part of the “Essential Critical
`Infrastructure Workforce” that Required Serious Protections
`From COVID-19
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`64. Given that food processing plants present a particularly dangerous
`
`work environment, the health and safety of Tyson’s workers depended on the
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`company adhering to CDC and OSHA guidelines.
`
`65.
`
` On March 19, 2020, the U.S. Department of Homeland Security,
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`Cybersecurity & Infrastructure Security Agency issued guidance identifying various
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`businesses and industries that were considered “essential businesses.” Those who
`
`worked at essential businesses were part of the “essential critical infrastructure
`
`workforce.”
`
`66. Employees at animal slaughter and processing facilities were among
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`the “critical infrastructure” workforce. The federal guidance referenced to them as:
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 13 of 82
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`Exhibit A p. 13
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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` Food manufacturer employees and their supplier employees—to include those
`employed in food processing (packers, meat processing, cheese plants, milk
`plants, produce, etc.) facilities; livestock, poultry, and seafood slaughter
`facilities; pet and animal feed processing facilities; human food facilities
`producing by-products for animal food; beverage production facilities; and the
`production of food packaging
`
` Farm workers to include those employed in animal food, feed, and ingredient
`production, packaging, and distribution; manufacturing, packaging, and
`distribution of veterinary drugs; truck delivery and transport; farm and
`fishery labor needed to produce our food supply domestically
`
`67. Because these workers were considered “critical” to the nation’s health
`
`and safety during the COVID-19 crisis, the federal guidance made clear “as the
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`nation relies on these workers…, they must be protected from exposure to and
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`infection with the virus so that they can continue to carry out their responsibilities.”
`
`68. Accordingly, the federal guidance advised employers of the following
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`“key principles”:
`
`i.Employers “must” comply with Occupational Safety and Health
`Administration (OSHA) requirements for protecting critical infrastructure
`workers who remain on or return to the job during the COVID-19 pandemic;
`
`ii.When continuous remote work is not possible, businesses should enlist
`strategies to reduce the likelihood of spreading the disease. This includes, but
`is not limited to, physically separating staff, staggering work shift hours or
`days, and other social distancing measures. While the CDC recommends that
`everyone wear a cloth face cover to contain respiratory droplets when around
`others, critical infrastructure employers must consider how best to
`implement this public health recommendation for source control in the
`workplace. For example, employers may provide disposable facemasks (e.g.,
`surgical masks) instead of cloth face coverings when workers would need to
`wear masks for extended periods of time (e.g., the duration of a work shift) or
`while performing tasks in which the face covering could become
`contaminated; and
`
`iii.Employers must consider the impact of workplace sick leave policies that may
`contribute to an employee decision to delay reporting medical symptoms. Sick
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 14 of 82
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`Exhibit A p. 14
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`employees should not return to the workplace until they meet the criteria to
`stop home isolation.
`
`
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`69. The CDC then promulgated guidelines specifically addressing meat
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`and poultry workers.4 These guidelines memorialized the very same precautions it
`
`had provided one month earlier.
`
`70. For instance, it advised plants to, at a minimum, place their workers
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`at least six feet apart:
`
`
`
`4 https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/meat-poultry-processing-
`workers-employers.html
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 15 of 82
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`Exhibit A p. 15
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`71. Plants should also implement “appropriate cleaning, sanitation, and
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`disinfection practices to reduce exposure or shield workers.”
`
`72. The CDC also recommended:
`
`i. Consulting with a heating, ventilation, and air conditioning
`engineer to ensure adequate ventilation in work areas to help
`minimize workers’ potential exposures;
`taking steps to minimize air from any fans blowing from one
`worker directly at another worker. Personal cooling fans should
`be removed from the workplace to reduce the potential spread of
`any airborne or aerosolized viruses. If fans are removed,
`employers should remain aware of, and take steps to
`prevent, heat hazards.
`ii. Placing handwashing stations or hand sanitizers with at least
`60% alcohol in multiple locations to encourage hand hygiene.
`iii. Adding additional clock in/out stations, if possible, that are
`spaced apart, to reduce crowding in these areas. Consider
`alternatives such as touch-free methods or staggering times for
`workers to clock in/out.
`iv. Removing or rearranging chairs and tables, or adding partitions
`to tables, in break rooms and other areas workers may frequent
`to increase worker separation
`v. Identifying alternative areas to accommodate overflow volume
`such as training and conference rooms, or using outside tents for
`break and lunch areas.
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`73. At the Waterloo and Independence plants, Defendants followed none of
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`these guidelines. At most, they implemented superficial measures that did not
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`actually protect anyone from COVID-19.
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`74. Moreover, the Independence plant manufactures specialty treats for
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`dogs. Providing treats to dogs is not an essential service.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 16 of 82
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`Exhibit A p. 16
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`F.
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`COVID-19 Spreads Through Tyson Fresh Meats’ Waterloo Plant
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`75. The Waterloo, Iowa facility is Tyson Fresh Meats’ largest pork plant. It
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`can process 19,500 hogs per day, accounting for 3.9% of the U.S. pork processing
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`capacity.
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`76. More than 2,700 people work at the Tyson plant in Waterloo, Iowa.
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`77. For its part, Tyson began focusing on COVID-19 on or about January
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`2020. At that time, Tyson created a coronavirus task force.
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`78. On information and belief, the task force allowed Tyson to closely
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`understand COVID-19 and how the disease may impact its meat operations.
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`79. On information and belief, by late-March, the Defendants knew or
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`reasonably believed that COVID-19 was spreading within the Waterloo Plant.
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`80. The Defendants knew that contracting COVID-19 could result in
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`death.
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`81. Notwithstanding its knowledge of COVID-19, including that the
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`disease could spread easily in processing plants such as Waterloo, Tyson failed to
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`protect its workers from the virus or properly communicate the impact of the virus
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`on the Waterloo plant.
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`82. For example, Tyson Foods did not provide its workers at the Waterloo
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`plant with sufficient face coverings or other personal protective equipment (PPE).
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`83. Nor did it implement or enforce sufficient social distancing measures
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`at the plant.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 17 of 82
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`Exhibit A p. 17
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`84. On or about April 6, 2020, Tyson temporarily shut down operations at
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`its plant in Columbus Junction, Iowa, after two employees tested positive for
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`COVID-19. As a result of the shutdown, a number of the hogs from Columbus
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`Junction were transferred to Waterloo for processing there.
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`85. Also on or about April 6, 2020, Tyson installed temperature checks to
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`scan employees entering the Waterloo facility for a fever. Tyson knew or should
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`have known that these temperature checks did not work as they were supposed to.
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`For example, employees would routinely have the exact same temperature read
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`each day even when their temperature varied.
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`86. Moreover, none of the Defendants excused subcontractors and other
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`visitors (such as truck drivers) from having their temperatures checked before
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`entering the Plant.
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`87. By late-March or early April, Defendants who were based out of the
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`Waterloo Plant began avoiding the plant for the purpose of avoiding exposure to the
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`coronavirus. Consequently, as the virus spread through the plant, these Defendants
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`failed to ensure workers’ safety and instead relied on low-level employees with no
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`management experience or training to perform their supervisory responsibilities.
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`During this time, and on information and belief, these Defendants cancelled
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`regularly scheduled safety meetings.
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`88. On information and belief, after learning that COVID-19 was
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`spreading throughout the Waterloo Plant, the Defendants based out of the Waterloo
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`Plant: (i) directed others to deny knowledge of COVID-19 cases at the Plant; (ii)
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 18 of 82
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`Exhibit A p. 18
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`falsely denied the existence of positive COVID-19 cases at the Plant; (iii) told
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`workers they would be notified if they had been in close contact with a COVID-19-
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`positive employee.
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`89. Black Hawk County Sheriff Tony Thompson and other Black Hawk
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`health officials toured the plant on April 10, 2020.
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`90. Thompson and the health officials were initially satisfied with Tyson’s
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`efforts after a meeting with management. But when they toured the facility,
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`according to Sheriff Thompson, they saw workers using bandanas and sleep masks
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`as masks, and some using no masks at all. There was no provision of PPE from
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`corporate or plant management and no guidance on how to use PPE. They also saw
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`little evidence of social distancing.
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`91. By that point, Tyson acknowledged that they had at least three
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`employees who had tested positive for COVID-19. As Sheriff Thompson asked: “Why
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`on earth would they not be taking greater measures if what they’re telling is true,
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`that their greatest focus is on their employee safety?”
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`92.
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`In fact, Sheriff Thompson said that what he saw when he toured the
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`plant “shook [him] to the core.”
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`93. Between April 9 and April 18, the number of positive COVID-19 cases
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`in Black Hawk County surged by nearly 900%—from 20 cases to 192 cases. Local
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`officials attributed 90% of the outbreak to the Tyson plant in Waterloo.
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`94. Local officials urged Tyson to shut down the Waterloo plant, but Tyson
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`denied that there was a COVID outbreak and refused to shut down.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 19 of 82
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`Exhibit A p. 19
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`

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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`95. On April 12, 2020, on information and belief, nearly two-dozen Tyson
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`employees were admitted to the emergency room at MercyOne Waterloo Medical
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`Center.
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`96. On April 14, Black Hawk County officials asked Tyson to temporarily
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`shut down the Waterloo Plant because coronavirus was spreading there and
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`creating a health hazard. The company refused.
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`97.
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`Instead of closing the plant, Tyson encouraged its workforce to
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`continue coming in, offering a $500 bonus to anyone who showed up for every shift
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`for three months.
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`98. On April 16, 2020, Tyson company officials publicly denied a COVID-
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`19 outbreak at the Waterloo Plant.
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`99. On April 17, 2020, local officials warned Tyson that an “outbreak at a
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`facility of your size puts great risk to the safety and well-being [of] all residents in
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`our community, especially the elderly and vulnerable.” Writing to Tyson, the local
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`officials asked Tyson to voluntarily cease operations on a temporary basis, and
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`implored the company to protect its workers from the deadly virus. In short, the
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`letter put Tyson on notice that its factory conditions were putting employees at
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`significant risk of contracting the virus.
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`100. On or about April 19, Iowa state lawmakers filed an OSHA complaint
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`against Tyson Foods after Waterloo employees complained of unsafe working
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`conditions amid the coronavirus pandemic.
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`Case 6:21-cv-02036 Document 1-1 Filed 06/21/21 Page 20 of 82
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`Exhibit A p. 20
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`E-FILED 2021 APR 19 4:34 PM BLACK HAWK - CLERK OF DISTRICT COURT
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`101. Similarly, on April 21, Black Hawk County Board of Health issued a
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`stat