Western Growers Association v. Occupational Safety & Health Standards Board
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In a suit challenging the emergency temporary standards (ETS) promulgated by the California Occupational Safety and Health Standards Board in response to the COVID-19 pandemic, the trial court denied a request for a preliminary injunction suspending enforcement of the ETS. The trial court concluded that the plaintiffs had not shown a likelihood of prevailing on the merits and found the public interest in curbing the spread of COVID-19 weighed “heavily” in favor of ongoing enforcement of the ETS.
The court of appeal affirmed, rejecting arguments that the trial court erroneously applied a deferential standard of review, the findings of emergency lacked necessary findings, and the ETS exceeded the Board’s statutory authority. The administrative record demonstrated the Board did not abuse its discretion in adopting prescriptive standards in the ETS; the Board considered performance standards during the rulemaking process, including existing regulations, and concluded certain prescriptive standards were necessary to assure “to the extent feasible, that no employee will suffer material impairment of health or functional capacity.” The Board did not abuse its discretion in establishing regulations excluding workers exposed to COVID-19 cases from the workplace and mandating a continuation of pay, benefits, and seniority during such periods of exclusion.
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