NPGA ALERT: Updated Federal Essential Worker Guidance and Essential Worker Documentation

(March 29, 2020) — The U.S. Department of Homeland Security (DHS), in conjunction with other federal agencies, has 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.

, in general, and reorganized. The

. 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.

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”.

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.”

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

The NPGA recommends 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

, NPGA State Engagement Program Manager. Please send questions or concerns about federal guidance to

, NPGA Deputy Counsel, Regulatory Affairs.