Lettuce is harvested in Watsonville, Calif., in 2019. Superior Court Judge Ethan Schulman denied the request for temporary injunctions against Cal/OSHA’s emergency standard.
Mar 10, 2021
California Superior Court Judge Ethan Schulman denied the request for temporary injunctions against Cal/OSHA’s COVID-19 Emergency Temporary Standard (ETS). The judge rejected all of the arguments by the plaintiffs, led by the National Retail Federation and a statewide Agricultural Coalition.
The groups challenged the ETS on several grounds, including that the Cal/OSHA Standards Board did not go through the formal public comment process, that it lacked the authority to adopt certain parts of the regulation such as employee wages, transportation, testing, and employee housing, and that the regulation violates employers’ due process rights.