Dustin Stark Quoted by SHRM on OSHA ETS Mandate

Society for Human Resource Management (SHRM) has quoted Akin Gump labor and employment counsel Dustin Stark in its article “Should Employers Require Employees to Get COVID-19 Vaccinations?” The article examines Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) that requires employers, with at least 100 employees, to either mandate COVID-19 vaccines for all employees or weekly testing for those unvaccinated.

Should an employer choose the latter option, Stark noted that there could be pushback from vaccinated employees, saying, “Employees who are vaccinated may feel that, by allowing other employees to remain unvaccinated while a vaccine is available, the employer is not taking all safety precautions available to protect its employees.”

According to the publication, the future of the mandate is uncertain, as legal challenges have been brought against it on constitutional grounds. To that, Stark asked, “Will the OSHA ETS be pared back, struck down or delayed by the courts?”