Noting that more than 750,000 Americans have died from Covid-19, with about 1,300 new deaths each day in the United States, she argued that the mandate was about protecting workers from the risk that they will be infected by the coronavirus.
“This is an authority that we believe the Department of Labor has — we are very confident about it,” she said, adding: “This is about keeping people safe in the workplace, and it’s critical and it’s important to do.”
The White House announced in September that the federal government would issue and encourage a series of vaccination mandates, including ones for federal workers, employees of federal contractors, and recipients of federal funding.
“We’ve been patient,” Mr. Biden said at the time, referring to some 80 million Americans who have refused to get vaccinated, increasing the risk that the coronavirus finds new hosts to keep spreading through. “But our patience is wearing thin. And your refusal has cost all of us.”
The litigation focuses on the part of Mr. Biden’s mandate plan that applies to companies that employ more than 100 workers. It relies on an emergency provision of the Occupational Safety and Health Act of 1970, which empowers the federal government to regulate workplaces to protect worker safety.
At Mr. Biden’s direction, OSHA developed an “emergency temporary standard” based on a claim that workers face a “grave danger” at work from the virus and that mandating vaccinations or frequent testing is a necessary and feasible way for employers to reduce the danger of serious illness, hospitalization or death.
The rule makes an exception for employees who do not come into close contact with other people at work, such as those who work at home or exclusively outdoors.
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