NACS Sues OSHA To Block Vaccine Mandate

NACS joined state and national trade associations in suing the U.S. Occupational Safety and Health Administration over its COVID-19 vaccination and testing emergency temporary standard for employers with 100 or more employees. The lawsuit was filed on Nov. 9 in the U.S. Court of Appeals for the Fifth Circuit.

NACS will host a webinar at 1 p.m. EST on Nov. 12 to answer questions about the OSHA emergency temporary standard.

“Our industry is facing a labor shortage and supply chain disruptions,” said Lyle Beckwith, NACS SVP of government relations. “The OSHA rule will make all of this worse, and everyday Americans will take the brunt of the problems it creates.”

NACS members, Beckwith noted in a declaration to the court, “generally support their employees becoming vaccinated” and have offered incentives and paid time off for vaccinations.

“NACS’ members have a strong incentive to encourage a vaccinated workforce and they do so,” he stated.

Still, some NACS “members expect that they will have many employees quit their jobs rather than receiving vaccinations against their will,” the petition stated.

The petition also raised concerns that if the OSHA rule takes effect, a significant number of employees would refuse both vaccination and weekly testing. As a result, the rule would significantly advance public health and hurt the industry and its ability to serve American consumers.

The petition noted that test kits in some areas aren’t readily and dependably available, and the costs of complying with OSHA’s mandate would be significant in both dollars and time.

“OSHA’s estimated costs for these measures are simply not realistic,” NACS stated.

NACS is the leading global trade association dedicated to advancing convenience and fuel retailing. It advances the role of convenience stores as positive economic, social and philanthropic contributors to the communities they serve and is an adviser to more than 1,500 retailer and 1,500 supplier members from more than 50 countries.

The U.S. convenience store industry, with more than 150,000 stores nationwide selling fuel, food and merchandise, serves 165 million customers daily and had sales of $548 billion in 2020.