NFIB Statement on Cal/OSHA Emergency Temporary Standard Decision

Date: February 25, 2021

SACRAMENTO, Calif. (Feb. 25, 2021) – NFIB, the nation’s leading small business association, issued the following statement on behalf of Karen Harned, Executive Director of NFIB’s Small Business Legal Center, following the decision allowing California’s Division of Safety and Health emergency temporary standard regulations to continue:

“We are disappointed in today’s decision from the San Francisco court that denied our application for a preliminary injunction to stop the emergency temporary standard regulations from continuing to be enforced. Small business owners are working hard to keep their businesses open after nearly a year of the pandemic with government shutdowns and additional mandates. We believe the law is clear and that Cal/OSHA did not follow the legal procedures required before imposing these new, burdensome and costly regulations on small businesses. Today’s decision is only going to further burden America’s already struggling Main Street.”

NFIB was a co-plaintiff in the lawsuit, along with the National Retail Federation and three California small business owners. NFIB argued that Cal/OSHA violated the state’s Administrative Procedure Act by not giving prior public notice and not holding public hearings on its new rule. Additionally, by attempting to regulate wages, the new rule exceeds the limits placed on Cal/OSHA by the California Occupational Safety and Health Act.

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