The 6th Circuit Court of Appeals said the costs of delaying implementation of the vaccine rule would be high. Employers have until Feb. 9 to comply with the testing requirement.
In a process resembling a Powerball drawing, ping pong balls with the names of a dozen federal appeals courts were placed into a wooden raffle drum on Tuesday before a winner was drawn.
Lawsuits against the Biden administration's vaccine-or-test requirement for private employers have been filed in almost every federal appeals court. One court will be randomly chosen to hear the case.
The Biden administration says it will defend its rule requiring some 84 million workers to get vaccinated or undergo weekly testing. More than two dozen states have sued to stop it.
OSHA, the small, chronically understaffed federal agency in charge of workplace safety, now faces a big challenge: enforcing a federal vaccine rule covering 80 million workers.
They died when a freezer malfunctioned at the Foundation Food Group's poultry plant in Gainesville, Ga., in January. OSHA cited the company and three others for failing to ensure worker safety.
The House Select Subcommittee on the Coronavirus Crisis is seeking documents from the Occupational Safety and Health Administration, as well as three of the country's largest meatpacking companies.