Three workers at a meatpacking plant outside of Scranton, Penn., are suing the Occupational Safety and Health Administration and Labor Secretary Eugene Scalia after they received no response to their complaints of an “imminent danger” of contracting the coronavirus at their workplace, ProPublica reports.  

The Maid-Rite Specialty Foods workers filed their action in a Pennsylvania federal court using an obscure OSHA provision that gives them the right to sue the Secretary of Labor for “arbitrarily or capriciously” neglecting to act against those hazards, according to the publication. 

Although the suit details conditions at Maid-Rite, it contends that OSHA’s lack of response to their earlier complaints is part of a larger pattern. 

“Our clients have been failed twice—by their employer first and then by OSHA because OSHA is charged with protecting workers in this country,” Liz Chacko, an attorney and the deputy director of Justice at Work, told ProPublica.

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