NPGA Joins Legal Fray Opposing Biden Administration’s COVID-19 Vaccination and Testing Mandate

The National Propane Gas Association has teamed with a coalition of like-minded trade associations to formally contest in court the “Emergency Temporary Standard” issued by the U.S. Occupational Safety and Health Administration (OSHA) requiring companies having 100 or more employees to mandate vaccines for non-exempt employees or implement onerous testing protocols.

NPGA joins the American Trucking Association, the National Association of Wholesaler-Distributors, the International Warehouse and Logistics Association, the Food Industry Association, the National Association of Convenience Stores, the National Retail Federation, and several other interested parties.  Counterparties are the U.S. Department of Labor and OSHA.

The heart of the matter is not premised on the value or efficacy of COVID-19 vaccines, but rather the recognition that our members have taken extraordinary measures to protect our employees, customers, and communities during the pandemic and the immediate irreparable harm of losing employees, incurring substantial compliance costs, and worsening already fragile supply chains and labor markets.

This litigation is moving monumentally quick.  All petitions, including NPGA’s, have been consolidated into a single federal appellate court (the 6^th Circuit based in Cincinnati) and OSHA is seeking to lift the stay issued by the U.S. Court of Appeals for the 5^th Circuit.  We anticipate this matter reaching the U.S. Supreme Court in very short order.

If you have any questions about the litigation, please contact NPGA’s President and CEO, Steve Kaminski at [email protected].