San Francisco Superior Court Judge Ethan Schulman denied the injunctions against Cal/OSHA’s COVID-19 standard. In the 2 cases Schulman held the plaintiffs were not likely to win their cases on the merits, and that the interest leans more in favor of curbing the spread of the disease. The judge is reluctant to second-guess the CalOSHA on its rulemaking.
The 2 cases were brought by the National Retail Federation, the National Federation of Independent Business and several employers, and by Western Growers Association, California Farm Bureau Federation and several other organizations. They argued that the General Industry Safety Orders §3205 were in violation of several California State Acts as well as the US Constitution:
The Ag-industry lawsuit included these requests, along with the added request to be exempted from complying with the Safety standard requiring detailed actions to prevent COVID in AG provided employee housing, and the company vehicles used to transport groups of employes to worksites.
Judge Schulman's order denied the injunction by the AG industry suit, and denied the "Plaintiff’s application in its entirety,” on the Retail case. Schulman further stated, “Plaintiffs have not shown a likelihood of prevailing on the merits of their claims. Even if they could do so, the balance of interim harms and the public interest in curbing the spread of COVID-19 and protecting worker and public health weigh heavily in favor of the continued implementation and enforcement of the ETS regulations.”
Digested from CalOSHA Reporter
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