Trade groups lose their bid to block the California employer's safety rule

Trade groups lose their bid to block the California employer's safety rule ...

- A California appeals court rejected a claim from trade groups against the state's code of workplace safety by addressing the need to protect workers, saying it has no impact on employers if the law is adopted.

The California Court of Appeal, First Appellate District on Tuesday tried to block the November 2020 rule by Western Growers Association and other agriculture groups who claimed the state department was unable to adopt that rule.

The three-judge jury said that the agency, called Cal/OSHA, provides adequate reasons for the need for employers to comply with various safety measures, to study and report illnesses, and continue to pay workers who were quarantined.

The trade group lawyers at Sheppard Mullin Richter & Hampton didn't immediately respond to an order for comment, nor did Cal/OSHA. Last week, the agency adopted a of the COVID-19 rule, taking effect Jan. 14th, as the spread continues to spread throughout the U.S.

The companies in their lawsuit claimed the 2020 rule was unnecessary because existing state safety regulations protected workers from COVID-19 already.

Cal/OSHA acknowledged these regulations when they adopted the emergency rule, but said they didn't sufficiently identify the measures employers should take to prevent the spread of infectious diseases.

On Tuesday the appeals court agreed, a judge who denied the trade groups' a preliminary injunction.

The court ordered to defer to Cal/OSHA's determination that a targeted rule would strengthen the enforcement efforts of the agency.

It's the case of Western Growers Association v. California Occupational Safety and Health Standards Board (Occupational Safety and Health Standards Board), California court of appeal, First Appellate District, No A162343.

For the plaintiffs: David Schwarz of Sheppard Mullin Richter & Hampton, David Schwarz of Sheppard, and Hampton of Sheppard.

For Cal/OSHA: James Stanley of the California Department of Justice.

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