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 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:
- If the ordinance directly incorporates or names the federal Guidance on Identification of Essential Critical Infrastructure Workers: Draft Statement Naming Federal Guidance
- 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.
