Skip to Content
Network for Public Health Law
COVID-19 Pandemic: Public Health Emergency Law & Policy Responses

Flower World v. Sacks

by

Overview

Flower World v. Sacks (U.S. Court of Appeals, 9th Circuit, Aug. 11, 2022): The Ninth Circuit Court of Appeals rejected challenges to state public health measures applicable to agricultural workers. In 2020, Washington Governor Jay Inslee issued an order requiring agricultural industry health protocols to prevent the spread of COVID-19, including employer-provided personal protective equipment (PPE), social distancing, and temperature checks. Flower World challenged these orders after it received citations for failure to comply during an occupational safety and health inspection. The Ninth Circuit affirmed the district court’s dismissal, finding Flower World failed to state a claim and that the state health orders were not preempted by federal laws. In upholding the mandate, the Ninth Circuit concluded that the Supreme Court’s January 2022 decision overturning the Occupational Safety and Health Administration’s COVID-19 vaccine-or-test rule for large employers did not preempt Washington’s general state authority to regulate public health and safety. Read the full decision here.

View all cases in the Judicial Trends in Public Health – September 15, 2022.

View all cases under “COVID-19 Pandemic: Public Health Emergency Law & Policy Responses.”