State Actions

A coalition of agriculture industry groups is suing the California OSHA (Cal/OSHA) in a bid to overturn the state’s recently adopted COVID-19 emergency temporary standard (ETS) for workplace safety, charging the new rules exceed the agency’s authority and threaten to cripple food production and distribution chains.

Several employers and national business groups are suing California OSHA (Cal/OSHA) over its recently adopted COVID-19 emergency temporary standard (ETS), claiming in part that a mandate to provide paid leave for sick or exposed workers exceeds the agency’s authority, and that the rulemaking sidestepped key procedural requirements.

California Attorney General Xavier Becerra (D), selected to be President-elect Joe Biden’s health services chief, is petitioning a state court to order Amazon to respond to several subpoenas seeking information about the company’s COVID-19 worker safety protocols and the status of COVID infections at its facilities across the state.

Virginia is readying a permanent version of its first-in-the-nation COVID-19 emergency temporary standard (ETS) that will apply to a range of infectious diseases rather than only the current pandemic -- potentially providing a model for the Biden OSHA if it follows a similar rulemaking track.

The California Chamber of Commerce is advising employers to be aware of several new COVID-19 worker safety laws that will take effect in the state on Jan. 1, including sweeping legislation that mandates companies issue varying notices and carry out other responses for workplace COVID-19 infections.

California employers and their attorneys are looking to a pending advisory panel to secure eased mandates in an emergency temporary standard (ETS) to protect workers from COVID-19 recently adopted by the state’s OSHA (Cal/OSHA) standards board, arguing that numerous provisions appear impossible to comply with and potentially illegal.

Oregon has formally enacted its emergency temporary standard (ETS) for COVID-19, broadening several requirements from a proposed version floated earlier in the fall and becoming the fourth state to advance targeted worker protection standards amid the pandemic, with compliance deadlines starting as soon as Dec. 7.

The California OSHA (Cal/OSHA) standards board is poised to adopt an emergency temporary standard (ETS) to protect workers from COVID-19 amid 11th-hour calls by employer and industry groups to ease some requirements, and as Gov. Gavin Newsom (D) is ratcheting up restrictions on the public and businesses in response to soaring infections.

President-elect Joe Biden’s Department of Labor (DOL) transition team includes several Obama administration veterans along with union figures and California OSHA (Cal/OSHA) chief Doug Parker, bolstering predictions that OSHA will quickly return to Obama-era worker safety rulemaking priorities next year.

Employers’ attorneys are raising “numerous potential concerns” with California’s expected COVID-19 workplace safety standard, previewing potential comments they could file on companies’ behalf once the state releases a formal proposal, or issues they could argue in future litigation over a final rule.