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The judge denies the order to stop the California COVID-19 standard



A judge in the San Francisco Superior Court on Thursday rejected a request for a preliminary injunction to stop the application of California's COVID-19 standards for businesses.

In National Retail Federation v California Department of Industrial Relations Judge Ethan Schulman ruled that the NRF did not demonstrate that the California Occupational Safety and Health Standards Board had the authority to issue a temporary emergency standard for COVID-19.

On November 30, 2020, the California Office of Administrative Law approved an emissions trading system that included such mandates that employers create a COVID-19 prevention program, provide coronavirus testing, and continue to pay benefits to workers who have tested positive and / or are in quarantine. at the ETS and argued that the urgent adoption of the standard was not supported by substantial evidence and that the California Division of Occupational Safety and Health did not have the authority to enforce the standard.

The judge disagreed, arguing that the standard board "correctly found that the COVID-1

9 pandemic was an emergency" and that previous guidance was "not sufficient to address" the risk of professional proliferation.

Judge Schulman also dismissed the argument that Cal / OSHA lacked the power to enforce the ETS, and considered that if he granted the injunction "many workers in California would suffer serious and irreparable damage …"] More insurance and work compensation news about the coronavirus crisis here .

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