Manesh Rath and Larry Halprin Quoted in Article on Unvaccinated Health-Care Workers

Keller and Heckman Partners Manesh Rath and Larry Halprin were quoted in the Bloomberg Law article, “Unvaccinated Health-Care Workers Test Emergency Standard Bounds.” The article discusses the large portion of unvaccinated health-care workers and how OSHA will enforce its emergency temporary standard (ETS) to protect workers from COVID-19. 

According to Manesh, the ETS does not provide the necessary degree of help for employers. “Employers would benefit from clearer guidance,” he said, “…employers have to craft their own policies without knowing whether or not they can rely on agency guidance as a defense that shows they’re making their best efforts to comply with the law.” 

There has been a shift to more and more employers mandating a vaccine because of the concern of new variants. “If a vaccination were determined to be a critical prerequisite to a job function, then that employee may not enjoy continued rights to employment, and that would also require an employer to show the essentiality of vaccination for that job function,” said Larry. 

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