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Washington State Covid Requirements Clear OSHA Preemption Suit

Aug. 11, 2022, 8:44 PM

A Washington horticultural business lost a challenge to a penalty it faced for failing to comply with state Covid-19 workplace safety measures, after the Ninth Circuit said Thursday the state’s requirements aren’t preempted by the federal Occupational Safety and Health Act.

The requirements laid out in Gov. Jay Inslee’s May 2020 proclamation aren’t preempted because they don’t relate to an occupational health and safety standard promulgated by OSHA, the US Court of Appeals for the Ninth Circuit said in an opinion written by Judge Sandra S. Ikuta.

Proclamation 20-57, “Concerning the Health of Agricultural Workers,” acknowledged the hazards posed by ...