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California Retailers Don't Want to Have to Pay for Employee COVID Testing

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Some California businesses are challenging COVID-related workplace safety protections.

At a hearing in San Francisco Superior Court Thursday, a lawyer for the National Retail Federation claimed the state's workplace safety regulator, CalOSHA, exceeded its authority by enacting certain emergency regulations late last year.

At issue are requirements by the state that employers provide COVID-19 testing at no cost to employees and paid time off when there is an outbreak or exposure in the workplace.

Businesses say the rules are burdensome and expensive, and that employers had already made adjustments – like plexiglass shields in stores, and improved ventilation systems. The complaint also states that, "Defendants relied on unsupported speculation that there was a nexus between reopening workplaces and the increase in COVID-19 cases to claim that it was necessary to adapt the COVID-19 (standards) without prior public notice or a full public hearing," as required by California regulations."

The retailers are requesting a preliminary injunction and a temporary restraining order to put a halt to the requirements.

Cal-OSHA responded that the agency is putting the safety of workers first during a pandemic.

In a tentative ruling, the judge indicated he may deny the preliminary injunction requested by plaintiffs. A final decision won't come for at least a couple of weeks.

Polly Stryker

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