BERRIEN COUNTY, Mich. – Farmers who use migrant workers in Michigan are reviewing Michigan Gov. Gretchen Whitmer’s executive order 2020-111 issued on June 1. It is one of the most recent of some 113 executive orders Whitmer has issued related to the Covid-19 outbreak.

The order requires farmers who employ migrant laborers to provide personal protective equipment to workers, and provide workers with the same safeguards businesses are required to provide non-farm workers under other orders. Among other things, the order requires employers to create a covid-19 response plan, try to place beds in congregate housing at least 6 feet apart, and take other steps to ensure worker safety.

“We’re going to do the best we can with that order, we’re all just kind of flying blind,” said farmer Fred Leitz as he was ramping up operations during the growing season. He raises fruits and vegetables on his farm in Berrien County, Mich. and typically uses 240 migrant workers per season, housing them on his land in licensed congregate housing. “You only have so much housing. It takes six months to put in new housing, you have to do site plans and everything else.”

Leitz, who owns the fourth generation farm operation with his brothers David, James, and Everett, said he already has to supply the workers he uses with personal protective equipment, including masks, gloves as well as hand sanitizer. 

“There are a number of provisions in the orders that will help workers,” said Dorian Slaybod, an attorney with Farmworker Legal Services, based in Kalamazoo. “It should help workers stay safe and it should help food stay safe in Michigan. It should help stop the spread of covid-19.” Although the order is only in effect until June 29, Slaybod said that migrant workers are in Michigan for much longer than that, sometimes late into the fall harvesting some varieties of apples. It is unclear if Whitmer will issue a new order before the order expires on June 29.

“We’re talking about limited housing,” he said. “We’re talking about cramped housing. Covid-19 outbreaks could happen at any time. I think covid-19 will be a concern for workers in July and maybe into next year.”

Because of all the fruits and vegetables that have to be picked and processed in the state, much of it by hand, a lot of workers are needed each season. Many of these workers are migrant laborers who hail from Mexico and countries in Central America. According to the most recent statistics available, farmers in Michigan employ more than 49,000 of these workers each year. When coupled with nonworking members of the workers’ families, these individuals total over 94,000.

The latest Whitmer order also mandates farmers provide separate housing for anyone on the farm who has been confirmed to have covid-19. “I think it’s a good start, but there’s some practical challenges,” said Ben O’Hearn, a staff attorney with Migrant Legal Aid, based in Grand Rapids. “Sometimes in that work they can’t practice social distancing. On the housing side, employers want to house as many workers as they possibly can.”