Manesh Rath Quoted in Inside OSHA Article Focusing on the OSHA COVID-19 Enforcement From ETS Ruling

Keller and Heckman Partner Manesh Rath was quoted in the Inside OSHA article, “Attorneys See Barriers To OSHA COVID-19 Enforcement From ETS Ruling.” The article discusses the Supreme Court’s stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine standard. During Keller and Heckman’s January 19 OSHA-3030 webinar, Manesh noted the high court decision seems to preclude general-duty enforcement, he then continued, “The agency may use the general duty clause in enforcement if it can establish that the hazard is generally recognized by the industry.” Manesh added that because the “Supreme Court essentially said that COVID-19 is not a hazard that is particular to the workplace,” the virus likely would not be considered a generally recognized hazard for most industries.

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