A three judge panel of the US Circuit Court of Appeals for the District of Columbia yesterday threw out a lawsuit brought by the AFL-CIO seeking to mandate that employers be required to protect employees from the COVID-19 pandemic. The labor federation had filed legal action last month trying to force the Occupational Safety and Health Administration (OSHA) to issue an emergency rule (known as a “emergency temporary standard” or “ETS”) that would detail employer requirements to safeguard employees from the virus. Ironically, the AFL-CIO in its initial complaint referenced the unprecedented nature of the global health emergency as a reason for OSHA to issue an ETS, while in its decision, the court pointed to the very same “unprecedented nature of the COVID-19 pandemic” in reasoning that an ETS was not necessary at this time. The court cited the “considerable deference” that it owes the regulatory agency and said, “[I]n light of the unprecedented nature of the COVID-19 pandemic, as well as the regulatory tools that the OSHA has at its disposal to ensure that employers are maintaining hazard-free work environments, … the OSHA reasonably determined that an ETS is not necessary at this time,”. The AFL-CIO President blasted the ruling and intimated that the federation may appeal to the full DC circuit.