Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent the spread of Covid-19 can transform a public health issue into an issue of workplace health and safety

This Court has stated that mitigation measures related to Covid-19 are a matter of public health and not of workplace safety. National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration , 142 S.Ct. 661, 211 L.Ed.2d 448. (January 13, 2022). Justice Gorsuch has stated that “[D]ecisive executive action is sometimes necessary and appropriate. But if emergency decrees promise to solve some problems, they threaten to generate others.” Arizona v. Mayorkas , No 22-592, 598 U.S. ___ (May 18, 2023). Whether Executive Orders of the Illinois Governor requesting state agencies and public employers to impose mitigation measures allegedly to prevent the spread of Covid-19 can transform a public health issue into an issue of workplace health and safety.