The AFL-CIO sought to compel the respondent, the Occupational Safety and Health Administration (OSHA), to "issue-within thirty (30) days of this Court's grant of the writ-an Emergency Temporary Standard for Infectious Diseases (ETS) aimed at protecting the life and health of millions of workers throughout the United States in grave danger from the deadly COVID-19 pandemic."
The three-judge panel denied the Labor Federation's petition for a writ of mandamus to make OSHA issue an "emergency temporary standard" covering the virus. The Court said that "in light of the unprecedented nature of the COVID-19 pandemic, as well as the regulatory tools that OSHA has at its disposal to ensure that employers are maintaining hazard-free work environments, see 29 U.S.C. § 654(a), OSHA reasonably determined that an ETS is not necessary at this time."
"OSHA's decision not to issue an ETS is entitled to considerable deference."
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