San Francisco Chronicle

Court upholds state’s COVID workplace protection rules

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

A state appeals court has upheld California’s emergency workplace rules for COVID-19, which require employers to have prevention programs, provide protective equipment and provide paid leave to employees who have been exposed to the virus.

The regulation­s, issued in November 2020 by the state Occupation­al Safety and Health Standards Board, were challenged by the Western Growers Associatio­n, other farming organizati­ons and the California Business Roundtable, which argued they were unnecessar­y and overly burdensome for employers.

San Francisco Superior Court Judge Ethan Schulman refused to block the regulation­s last February, saying, “Lives are at stake.” Upholding his ruling, the First District Court of Appeal in San Francisco said the state had ample reasons for protecting workers from exposure to the coronaviru­s.

By late 2020, the disease was spreading through workplaces, endangerin­g employees as well as the general public, and demonstrat­ing “the need for immediate action,” Justice Sandra Margulies said in the 3-0 ruling. She said the board found a particular­ly high risk of transmissi­on among migrant farmworker­s, living in dormitoryl­ike facilities provided by their employers.

Margulies said the state’s previous workplace rules, in effect during the first eight months of the pandemic, did not require employers to issue protective equipment or provide essential hygiene. She said the board, appointed by the governor, acted within “its area of expertise” in determinin­g that the protection­s were inadequate.

The ruling was issued Dec. 21 and certified by the court on Wednesday as a precedent binding on lower courts in California. Opponents could seek review in the state Supreme Court.

Meanwhile, the U.S. Supreme Court moved in the opposite direction Thursday, voting 6-3 to block the Biden administra­tion’s nationwide regulation­s ordering businesses with 100 or more employees to require their workers to be vaccinated against the coronaviru­s or wear masks and be tested weekly. The court said federal law did not authorize the administra­tion to impose such requiremen­ts on companies with a total of 84 million employees.

In a separate 5-4 ruling, the justices allowed the government to enforce a vaccinatio­n requiremen­t for most health care workers.

The California regulation­s, currently scheduled to stay in effect until mid-April, apply to all employees except those who were already covered by special protective rules for particular­ly vulnerable worksites such as hospitals, prisons and homeless shelters, and those working from home.

The board required every employer to have a written coronaviru­s prevention program, including training, identifica­tion of hazards, social distancing, and provision of masks and other protective equipment. Employees who have been exposed to the virus at work must be given at least 10 days off, with pay and benefits.

Upholding the paid-leave requiremen­t, the court said it encourages employees to report any exposures they have had to the disease rather than keeping silent, “thus allowing employers to minimize possible additional exposures to other workers.”

The ruling was praised by Stacey Leyton, a lawyer for labor unions who filed arguments in support of the state’s regulation­s.

“As we continue to face new phases of this public health crisis, preventing workplace spread is critical to protecting workers, their family members and the community at large,” she said.

 ?? Jessica Christian / The Chronicle 2020 ?? Employees stand behind plexiglass barriers while assisting customers at Bi-Rite Market in the Mission District.
Jessica Christian / The Chronicle 2020 Employees stand behind plexiglass barriers while assisting customers at Bi-Rite Market in the Mission District.

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