Bob Lian Quoted by Corporate Counsel and Fortune on OSHA Vaccine Mandate
Akin Gump labor and employment practice head Bob Lian has been quoted by Corporate Counsel and Fortune regarding Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) requiring vaccination against COVID-19 or at least weekly testing applies to employers with at least 100 employees but exempts remote workers.
Recently, the 5th Circuit temporarily blocked OSHA’s new vaccine mandates and testing regulations, but legal experts recommend proceeding with mandate compliance, according to the publications.
In Corporate Counsel’s article “General Counsel Should 'Keep Moving Forward' on Vaccine Mandate Compliance,” the publication examines the legal challenges facing general counsel with regard to the OSHA mandate. On that topic, Lian said, “A major issue that’s driving GC involvement in this is the concern that the application of this [mandate] could result in employees simply quitting, if they’re required to be vaccinated.”
In Fortune’s article “Biden’s vaccine mandate may be tied up in court—but employers shouldn’t wait to enforce it, say legal experts,” the publication notes that, while the future is uncertain, employers should begin putting their compliance policies in place, as OSHA’s rule mandates employees should be fully vaccinated or begin weekly testing by January 2022. Lian agreed, saying, “The time frames for compliance under the ETS are very tight,” and that “[w]aiting may seriously limit the options available to employers.”