Western Growers Assn. v. Occupational Safety & Health Stds. Bd.

I. BACKGROUND

A. Factual Background On March 4, 2020, Governor Newsom declared a “State of Emergency” in response to the COVID-19 pandemic and, shortly thereafter, issued a stay- at-home order that indefinitely required all individuals to remain at home. The federal government identified 16 sectors as “vital to the United States,” and California exempted workers in those sectors from the stay-at-home order. Different state agencies promulgated various COVID-19-related guidance documents for essential businesses. For example, the Department of Housing and Community Development “encouraged” contractors to take certain steps for their migrant farmworker centers, such as social distancing, providing personal protective equipment (PPE), and access to hand sanitizers. Businesses also operated under injury and illness prevention

On May 25, 2021, respondents the Board, David Thomas, Chris Laszcz-Davis, Laura Stock, Barbara Burgel, David Harrison, and Nola J. Kennedy, in their official capacities as members of the Board, Christina Shupe, in her official capacity as executive officer of the Board, the Division of Occupational Safety and Health (hereafter Cal/OSHA), and Douglas L.…