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Last week, in a tentative ruling, Judge Ethan Schulman of the San Francisco Superior Court indicated that he was inclined to deny a request made by two separate industry groups in two separate consolidated lawsuits filed in order to try to block enforcement of the Cal/OSHA COVID-19 emergency regulations.
As we all know by now, the emergency regulations impose numerous and specific requirements on California employers. These requirements include having a comprehensive written COVID prevention plan, providing for mandatory, company-paid testing any time an employee is considered “exposed” to COVID in the workplace (or anytime an “outbreak” condition exists), providing “exclusion” pay any time an employee is excluded from the workplace due to a “work-related” exposure, and placing the burden on the employer to prove that such an exposure was not in fact, “work related” (more or less creating, via emergency regulation, a rebuttable presumption in favor of the employee).