Faegre Drinker Biddle & Reath’s “The Duty of Oversight in the Face of COVID Mandates” from Private Company Director (and Directors & Boards) addresses board legal and regulatory compliance oversight responsibilities in the unique context of COVID-19 and the recently announced COVID-19 employee vaccination and testing mandates, which pose additional compliance risk.
As previously reported, if the proposed new OSHA rule manifests as announced, it will do so pursuant to an Emergency Temporary Standard (ETS), which, by its terms, means that “employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful” and that the standard is “necessary to protect employees from such danger.” As such, companies and boards should be aware that corporate compliance with the mandate and associated board oversight will be a prime target for board duty of oversight claims. Boards should oversee their companies’ compliance with the mandate (as well as other pandemic risks) and ensure that their oversight activities are properly effected and documented.
Access additional resources on our Coronavirus (COVID-19) Resources page »Board Oversight and our Director Duties & Liabilities page.
This post first appeared in the weekly Society Alert!