The Crush.March2021 - 5

COVID-19 NEWS

Cal/OSHA ETS: Judge Denies Coalition's Motion
›› UPDATE

A coalition of agricultural and business employers filed
a lawsuit in Los Angeles Superior Court challenging the
COVID-19 related emergency temporary standards (ETS).
San Francisco Superior Court Judge Ethan Schulman on Feb. 25
denied the coalition's motion for preliminary injunction, which
would have halted enforcement of the ETS. Schulman's decision
concluded the following:
*	 COVID-19 is an emergency.
*	 State health and safety agencies have broad authority to
address emergencies.
*	 The ETS may have been adopted under a questionable process,
but the court will not elevate " process over substance. "
*	 Even if the ETS cause significant economic dislocations,
absent First Amendment considerations, the court's hands are
tied because of the extreme deference accorded regulators to
manage emergencies.
The ag and business coalition plaintiffs (including CAWG)
are exploring various options as we believe the decision is
fundamentally flawed. This is because the decision does not
recognize the ETS were rushed and adopted through a process
that did not comply with the requirements for adoption of an
emergency regulation. Additionally, the availability and efficacy
of vaccines has a substantial effect on workplace safety and is
recognized in the ETS. -Michael Miiller

Newsom's State
of the State
Gov. Newsom on March 9 delivered
his State of the State address. While
any speech delivered by a politician is
ultimately a political speech, this year's
State of the State was particularly political.
This was in part due to circumstances
related to the pandemic and in part due to
how the governor handled the pandemic.
Normally the annual address is given on a
weekday morning in the state Capitol to a
joint session of the California Legislature.
It is typically an hour long, focused on a

›› STATEMENT

The coalition issued the following statement in response to
Judge Schulman's Feb. 25 decision:
" The health and safety of farm and ranch employees is the top
priority for agricultural employers. Throughout California,
farmers and ranchers have adapted their operations to
minimize the spread of COVID-19 in the workplace. In addition,
agricultural organizations have advocated with local, state
and federal elected officials and agencies to prioritize access to
vaccines for farm and ranch employees; individual farms and
agricultural businesses have sponsored vaccination clinics, with
more already scheduled.
" The court's decision only complicates the ongoing work by
family farms and other essential businesses to maintain safe,
plentiful food supplies in the wake of COVID-19. The Cal/OSHA
Board failed to justify the need for emergency intervention,
despite their own staff report that the ETS were not necessary to
protect employee health.
" With this decision, the court failed to properly exercise its
oversight on this critically important issue, and we are now
exploring our legal options to ensure the safe and timely delivery
of food and essential services to all Californians. In the meantime,
we will work with Cal/OSHA to assure the agency better
understands the essential businesses and agricultural operations
it regulates, and to inject practicality into the ETS as it develops
forthcoming policies and guidance. "

variety of public policy areas, and with
more than 300 people in attendance. In a
pandemic, such an event is not possible.
Instead, the governor gave this year's
speech in primetime at Dodger Stadium.
He was joined remotely by politicos for his
half-hour speech that was heavy on visual
imagery.
In the shadow of a recall, the content of the
speech was primarily a positive portrayal
of Newsom's response to COVID-19.
Newsom delivered an encouraging
message of the Golden State moving in the
right direction relative to the virus.
It is important to note that all prior
efforts to recall Newsom have failed.

However, in reaction
to the administration's
policies on the virus,
voters have signed
petitions and it appears
that a recall election
may take place in late
summer or early fall.
Toward the end of the speech, Newsom
said, " We know that our strength comes
not from what we preach, but from what
we do. " That message was on point, as the
measure of Newsom's political strength
may be in the outcome of the recall.
-Michael Miiller

CAWG.ORG 5
https://files.constantcontact.com/cd6628ed001/c171b3b8-416d-4038-9821-b5bdd9834596.pdf https://www.gov.ca.gov/2021/03/09/governor-newsom-delivers-state-of-the-state-address-charting-californias-path-to-a-brighter-future/ https://www.gov.ca.gov/2021/03/09/governor-newsom-delivers-state-of-the-state-address-charting-californias-path-to-a-brighter-future/ https://www.cawg.org/
The Crush.March2021

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