Dissenting Justices Oppose Block of OSHA Emergency Temporary Standard
In their dissent, Justices Breyer, Kagan, and Sotomayor held that “The Standard falls within the core of the agency’s mission: to ‘protect employees’ from ‘grave danger’ that comes from ‘new hazards’ or exposure to harmful agents.”
The dissenting Justices added, “In our view, the Court’s order seriously misapplies the applicable legal standards. And in so doing, it stymies the Federal Government’s ability to counter the unparalleled threat that COVID–19 poses to our Nation’s workers. Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies.”
OSHA Emergency Temporary Standard Still Active in Some States
Several states, such as Illinois and California, have adopted all or portions of the federal OSHA ETS for their state Occupational Health Agencies. The Supreme Court ruling will have no effect on the states’ enforcement of the adapted federal ETS rules.