Association COVID-19 Guidelines and Updates

Mar 30, 2020

ALERT: Updated Federal Essential Worker Guidance and Model Documentation for Essential Workers to Carry

The U.S. Department of Homeland Security (DHS), in conjunction with other federal agencies, published an updated version of guidance on “essential workers” for state and local authorities that have or are considering ‘shelter-in-place’ ordinances or similar restrictions on movement.

Version 2.0: Guidance Memo on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

Version 2.0: Guidance on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

Version 2.0 is more expansive, in general, and reorganized. The only change for our industry is the inclusion of language to more specifically identify propane gas equipment manufacturers and distributors as among the essential workforce. The updated guidance includes many propane employees under the sectors for Energy and Transportation and Logistics. Some employees may fall under other sectors listed in the guidance.

The Guidance on Identification of Essential Critical Infrastructure Workers is not federally mandated and does not have the force of law. States/local ordinances must directly incorporate or name the guidance for it to apply. Some states/local ordinances, however, have developed similar definitions for “essential workers”.

Proof of Essential Workers. Some NPGA members have asked how they can demonstrate to officials that certain propane industry employees qualify as essential workers. Currently, there is no federal guidance on what to provide, but FMCSA suggests ‘essential workers’ keep on-hand the applicable state/local ordinance and the federal guidance, if applicable. In addition, to respond to member requests, NPGA drafted two template statements for ‘essential workers’ of the propane industry: one for operations in states/localities that directly incorporate the federal guidance; and one is for operations in states/localities that do not directly incorporate the federal guidance but instead created their own list of “essential workers.”

Companies should first confirm there is a state/local ordinance in place. Then:

  1. If the ordinance directly incorporates or names the federal Guidance on Identification of Essential Critical Infrastructure Workers: Draft Statement Naming Federal Guidance
  2. If the ordinance does not incorporate or name the federal Guidance on Identification of Essential Critical Infrastructure Workers, but details its own list of ‘essential workers’ to cover propane workers: Draft Statement Using State/Local List

We recommend that companies carefully review the details of the state/local ordinance to check the eligibility of each employee as an essential worker. The draft statements are available under COVID-19 Resources on the Membership Dashboard.

Please send questions or concerns about your state/local ordinance to Eric Sears, NPGA State Engagement Program Manager. Please send questions or concerns about federal guidance to Sarah Reboli, NPGA Deputy Counsel, Regulatory Affairs.

These documents are provided solely for informational purposes in response to COVID-19. They are not to be construed as legal advice or legal guidance. NPGA expressly disclaims any liability associated with the accuracy or content of the information contained in these documents. Users should consult the government authorities and resources for the most complete and current information pertaining to COVID-19 or contact an attorney for any specific advice.

From: Lesley Garland <lgarland@npga.org>
Date: March 29, 2020 at 12:04:24 PM CDT
To: Lesley Garland <lgarland@npga.org>
Subject: COVID-19 Resources for State Propane Associations — Updated Federal Essential Worker Guidance and Model Documentation for Essential Workers to Carry

Dear State Association Executives,

A short while ago, a regulatory alert was sent to all members summarizing the updated guidance on essential workers published Saturday by the U.S. Department of Homeland Security (DHS), in conjunction with other federal agencies. Version 2.0 is more expansive, in general, and reorganized.  The only change for the propane industry is the inclusion of language to more specifically identify propane gas equipment manufacturers and distributors as among the essential workforce.  The updated guidance includes many propane employees under the sectors for Energy and Transportation and Logistics.  Some employees may fall under other sectors listed in the guidance. The alert is attached for your reference to this email or can be viewed HERE.

 

In addition, some NPGA members have asked how they can demonstrate to officials that certain propane industry employees qualify as essential workers.  Currently, there is no federal guidance on what to provide, but FMCSA suggests ‘essential workers’ keep on-hand the applicable state/local ordinance and the federal guidance, if applicable.  In addition, to respond to member requests, NPGA drafted two template  statements for ‘essential workers’ of the propane industry: one for operations in states/localities that directly incorporate the federal guidance; and one is for operations in states/localities that do not directly incorporate the federal guidance but instead  created their own list of “essential workers.” These templates can be downloaded through the regulatory alert or from NPGA’s online COVID-19 resource center.

 

We appreciate if you share this information with your members to ensure they receive it.

 

Please let me know if you have any questions, concerns, or suggestions for things that can assist you or your members with the current situation. Thank you for all you are doing to support the propane industry!

 

Lesley

 

LESLEY BROWN GARLAND

Vice President, State Affairs

 

NATIONAL PROPANE GAS ASSOCIATION

1899 L Street, NW

Suite 350

Washington, DC 20036

 

916 531 2231 DIRECT

202 466 7205 FAX

 

lgarland@npga.org

 

http://www.npga.org