Lawrence Halprin Quoted in Inside OSHA Article on Legal Concerns Related to COVID-19 Vaccine Rule
Keller and Heckman Partner Lawrence Halprin was quoted in the Inside OSHA article, “Attorneys Say Vaccine ETS Fits Precedent But May Face Hostile Court.” The article discusses the Occupational Safety and Health Administration’s (OSHA) enforcement of President Biden’s rule surrounding an emergency temporary standard (ETS) that would require companies with more than 100 employees to ensure that their workers are either vaccinated against COVID-19 or tested on a weekly basis. While according to Lawrence the rule is constitutional under current legal precedent, it may face uncertainty if it reaches the conservative majority United States Supreme Court. There, the Court will likely determine its fate based on its interpretation of the Commerce Clause and the federal government’s power obtained therein. OSHA officials are likely working to ensure that the rule can withstand the Court’s potential judicial scrutiny, as many industry officials agree that the rule will bolster the economy by discouraging workers from being absent and reducing subsequent labor costs.
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