Attorneys Say Vaccine ETS Fits Precedent But May Face Hostile Court

Correction Appended Two workplace legal experts say OSHA’s forthcoming COVID-19 vaccine rule appears likely to pass “constitutional muster” based on current legal precedent but warn that if litigation over the issue reaches the high court its outcome could be less certain if the conservative majority decides to reexamine those prior decisions. Michael Felsen, a former New England Regional Solicitor with the Department of Labor (DOL), told Inside OSHA there is “no question” that the agency has the authority to...