Vaccine Response + Virtual Advocacy

Advocacy During a Global Pandemic

Vaccine Response—OSHA Mandate

During his first 100 days in office, President Biden prioritized vaccinating as many Americans as possible. One of his first executive orders required the Occupational Safety and Health Administration (OSHA) to issue new COVID-19-related guidance and to consider whether any emergency temporary standards were needed to protect workers.

Months later, OSHA issued a requirement that employers with 100 or more employees mandate that all their employees be fully vaccinated no later than January 4, 2022, or implement a policy allowing for weekly testing.

NACS members are not anti-vaccine and 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,” said Lyle Beckwith, NACS senior vice president of government relations, adding, that some NACS “members expect that they will have many employees quit their jobs rather than receiving vaccinations against their will.”

NACS challenged the OSHA ruling on behalf of our members, ensuring your voices were heard.

In opposition to the rule, NACS joined with nearly a dozen state and national trade associations in suing OSHA over its proposal. On January 7, 2022, the U.S. Supreme Court heard oral arguments on two legal challenges brought by NACS and multiple states regarding the OSHA’s rule.

On January 13, the Supreme Court blocked enforcement of the OSHA rule for private employers—a significant win for our industry and private businesses.

This is an important recognition that the OSHA rule is too broad,” said Doug Kantor, NACS general counsel. “Businesses are doing their part to promote vaccination and safety practices. We appreciate the Supreme Court recognizing that OSHA should not push regulatory requirements that cannot be met and will exacerbate the labor shortage.”

By late January, OSHA withdrew its vaccine mandate rule for large employers.

NACS convenience retail members weighed in on OSHA’s proposal and their voices were heard by the Supreme Court. A survey conducted by NACS Research found that 99% of the industry expects that some employees would quit their jobs rather than undergo COVID-19 vaccination.

The survey also found that:

58% would need to close one or more stores

58%

89% of employers in the industry would be forced to reduce store hours

89%

72% would need to reduce cleaning at one or more stores

72%

57% would expect increased difficulty getting products to their stores

57%

47% would expect reduced customer traffic

47%

93% would face increased difficulty hiring staff

93%

Source: NACS Research member survey

NACS convenience retail members weighed in on OSHA’s proposal and their voices were heard by the Supreme Court. A survey conducted by NACS Research found that 99% of the industry expects that some employees would quit their jobs rather than undergo COVID-19 vaccination.

The survey also found that:

89% of employers in the industry would be forced to reduce store hours

89%

58% would need to close one or more stores

58%

72% would need to reduce cleaning at one or more stores

72%

57% would expect increased difficulty getting products to their stores

57%

47% would expect reduced customer traffic

47%

93% would face increased difficulty hiring staff

93%

Source: NACS Research member survey

““Whether you have one store or 1,000 stores, NACS gives you a voice in the industry.”

Colin Dornish
senior director of operations, Coen Markets Inc.

“If you’re not at the table, you’re on the menu.”

Chris Bambury,
vice president, Bambury, Inc. dba BONNEAU

NACS advocacy across the country in 2021 map

Virtual Advocacy

Not being able to meet face to face with members of Congress and their staff did not slow down our industry’s advocacy efforts.

Kicking off 2021, we anticipated policy proposals and new regulations that need our industry’s voice.

Our government relations team hosted nine virtual townhalls with convenience retailers and freshmen members of Congress and hosted two NACS In Store events to share our industry’s story and open dialogue about how policies and regulations affect our businesses.

Due to pandemic restrictions, we hosted our annual NACS Day on the Hill in a virtual environment with great success, where retailers, suppliers and state association executives met with their members of Congress to advocate on behalf of our industry.

Participants shared their story with members of Congress and their staff and to discuss three issues that top of mind to the industry: electric vehicle charging infrastructure, credit card swipe fees and liability protections for essential businesses.

Advocating on behalf of our industry didn’t stop during the pandemic, thanks to NACS Day on the Hill virtual meetings with members of Congress.

Even in a virtual climate, NACS members recognized that the industry’s story must be told. Forty-six teams of retailers met with nearly 240 congressional offices. Freshman members were introduced to our industry, and veteran members stepped up to be our champions on Capitol Hill.

https://youtu.be/qncrMTmDSJU

NACS Government Relations: Our Future Requires Your Voice (https://youtu.be/qncrMTmDSJU)

NACS Government Relations: Our Future Requires Your Voice