President’s Update: OSHA’s Emergency Temporary Standard

Dear NPGA Members:

I write with updates on the federal litigation NPGA joined to counter OSHA’s “Emergency Temporary Standard” (ETS), which seeks to require vaccination or testing and face covering for companies with 100 or more employees.

Last week, the U.S. Court of Appeals for the Sixth Circuit ruled in our favor on a procedural matter—denying the government’s request to speed up the schedule.  This week, however, they issued a nearly-even split decision in favor of the government on a different procedural matter—denying our request for the entire court (as opposed to a smaller panel) to hear the case.  Our counsel believes this latest procedural decision could lead to the court ruling to lift the stay.

Looking forward, counsel for NPGA and our litigation partners is already preparing a motion for the U.S. Supreme Court that will urge it to maintain the stay until the merits of the case are heard.  This could happen as early as this week or next.  Unfortunately, the litigation process can be a lot of ‘hurry-up-and-wait.’  Nonetheless, NPGA will continue to keep you informed.

NPGA is pursuing three parallel tracks: OSHA rulemaking on the ETS; litigation before the U.S. Court of Appeals for the Sixth Circuit and likely the U.S. Supreme Court; and guidance materials for the ETS, if the compliance deadlines are enforced. NPGA held a webinar to provide an overview of the ETS requirements and the ongoing rulemaking process as well as the litigation opposing the ETS.  Resource materials are available on the Member Dashboard including templates to develop ETS policies as well as guidance and FAQs on the primary requirements of vaccination executive orders.

NPGA’s litigation petition joins several trade associations that rely on over-the-road transportation and provide consumer services or goods.  The heart of the matter is not 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.

I will keep you updated.  NPGA staff will continue to track this over the holidays and beyond.   If you have any questions, please contact Sarah Reboli, Senior Director, Regulatory & Industry Affairs, [email protected].

Best,

Stephen T Kaminski

President and CEO

National Propane Gas Association