Response to Kagan: That’s NOT what the OSHA rule says. It applies to even the guy working in his office by himself.
Breyer also seems really angry. He’s usually more measured at oral arguments.
“Response to Kagan: That’s NOT what the OSHA rule says. It applies to even the guy working in his office by himself.”
The ETS is clear on this.
“”a. Employees Who Telework and Employees Who Do Not Report to a Workplace Where
Other People Are Present.
Employees who report to workplaces where no other people are present face no grave danger from occupational exposure to COVID-19 because such exposure requires
the presence of other people. For those who work from their homes, or from workplaces where no other people are present (such as a remote worksite), the chances of being
exposed to SARS-CoV-2 through a work activity are negligible. Therefore, OSHA is exempting those workers who do not come into contact with others for work purposes
from its grave danger finding as well as the scope of the ETS””
.