Trade groups are losing their bid to block the state's COVID-19 workplace safety rule

Trade groups are losing their bid to block the state's COVID-19 workplace safety rule ...

A California State appeals court rejected the challenge to the OCVID-19 workplace safety rule, calling for protection of workers outweighs any burden the measure puts on employers.

The California court of appeals, first appellate district in San Francisco on Tuesday voted to block the November 2020 rule, said the Western Growers Association and other agriculture groups, who said that the state department of Occupational Safety and Health lacked the authority to adopt it.

The three-judge panel said that the agency called Cal/OSHA had enough reason for establishing a safety and accountability plan that required employers to take actions - resale and report illnesses and continue to pay for workers that were quarantined.

The lawyers of the trade groups at Sheppard Mullin Richter & Hampton didn't immediately respond to a request for comment. Cal / OSHA also adopted the rule last week that went into effect Jan. 14th.

The trade groups in their lawsuit claimed the 2020 rule was unnecessary because existing regulations protect workers from COVID-19.

Cal/OSHA acknowledged those regulations when it adopted the emergency rule, but said they failed to identify enough measures that employers must take to prevent spread of infectious diseases.

The appeals court on Tuesday agreed, affirming the judge who had denied the trade group's bid for an injunction.

The judge said it should defer to Cal/OSHA's determination that a targeted rule would strengthen the agency's enforcement efforts.

The case is Western Growers Association, California 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 of Hampton.

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

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