Coronavirus graphic

Updated April 6, 2020

SBA Loan Applications Accepted April 3 – June 30, 2020
The Coronavirus Aid, Relief and Economic Security Act (CARES), passed on March 27, provides $350 billion for small businesses under the Small Business Administration’s (SBA) new Paycheck Protection Program (PPP), giving vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. Loans can offer up to $10 million per company in assistance, depending upon the size of the company’s payroll. Importantly, these loans may be forgiven if borrowers maintain their payrolls during the crisis or restore their payrolls afterward. The SBA’s webpage gives all the information needed including who can apply, loan details and forgiveness. ILMA members should apply through their local bank. A factsheet for borrowers under the PPP is also available. The PPP will be available through June 30, 2020.

Coronavirus Aid, Relief and Economic Security (CARES) Act

FAQs: Workplace Issues for COVID-19
ILMA has been fielding member questions about the effects of the COVID-19 disease outbreak on their operations. The following are some of the more frequent questions we have received and the answers we have given. Please understand that the questions-and-answers below are from the perspective of the federal level. In many instances, there may be state and local requirements that override or control the answer. Please keep in mind that guidance from governmental agencies and public health authorities is likely to change as the COVID-19 pandemic evolves. The following answers are intended as guidance and are not legal opinions. As always consult with your local counsel. ILMA intends this to be a “living document,” so your questions are invited. Please send all questions to communications@ilma.org.

Employer Requirements Under the Families First Coronavirus Response Act
The “Families First Coronavirus Response Act” (FFCRA) supports businesses with fewer than 500 employees and their workers affected by the COVID-19 disease outbreak. The FFCRA provides certain employees with emergency paid sick leave and/or partially paid public health emergency leave. To help pay for these paid leaves, affected employers are eligible for refundable credits toward their share of quarterly Social Security and Medicare taxes.The FFCA includes two major sections: Emergency Paid Sick Leave Act (EPSLA) and emergency Family and Medical Leave Extension Act (E-FMLA).


A close up of a map Description automatically generatedILMA Resources on Continuance of Essential Business Operations
As states issue emergency declarations mandating closures of businesses, ILMA continues to advocate for continuance of lubricant manufacturing. In most states with emergency declarations, "essential businesses" are defined by a Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) memorandum of March 19, 2020. Under that memorandum, most ILMA member companies would be considered "essential."   Here are some resources:



Travel Certificate for Essential Employees

With an increasing number of States imposing shelter-in-place requirements, employees may need a travel certificate to keep in their vehicles, if stopped by authorities.

Steps to Take to Prepare for Enforcement Visit
Governors around the country issued a series of executive orders, closing non-essential businesses in their states. A complete state-by-state analysis is available here. As we interpret these orders, in most states ILMA Manufacturing Members are considered essential or life-sustaining and can continue physical operations. For ILMA Distributor Members, we believe they can continue to operate in most states as either "Petroleum and Petroleum Products Merchants Wholesalers” or based on their ability to "enable operations that encompass movement of cargo and passengers.” 

ILMA to Lawmakers: Manufacturers are Essential Businesses
This week, ILMA sent letters to the National Governors Association, the United States Conference of Mayors and the National Association of Counties in an effort to educate policymakers on the need to specifically include manufacturers in the definition of “essential businesses” under shelter-in-place declarations. ILMA also cited other businesses that rely on their lubricants including gas stations, auto repair shops, trash collection, emergency response, agriculture, food processing, electric and plumbing services and public transportation. 

Continuing Manufacturing Operations Under "Shelter-in-Place" Declarations
As part of efforts to mitigate the spread of COVID-19, an increasing number of states, counties and cities across the U.S. are imposing "shelter-in-place" orders that require "non-essential businesses" to close, in many cases for at least 14 days. The definition of "essential businesses" allowed to remain open is not uniform in these orders. ILMA urges its members to contact state, county and local officials now to ensure that manufacturing facilities, including theirs, are deemed "essential businesses" so that they are not forced to close temporarily under these emergency declarations. View a sample letter for your government officials.
New Resources for ILMA Members

State Department Creates Government-Wide Contact for Global Supply Chain Issues
The State Department has created a central point of contact for companies facing issues overseas that affect the import of goods critical to addressing the COVID-19 pandemic. The State Department plans to coordinate among offices and agencies and with overseas missions to provide an initial response within one business day. If your company is facing these global supply chain challenges, you can contact the State Department resource here. You can also contact the NAM’s Trade and Supply Chain team with questions or to share information about global issues related to the COVID-19 response.


 
MIResponds: Helping You Fill Open Positions
The Manufacturing Institute, the workforce and education partner of the NAM, is hearing from many manufacturers about open positions as businesses ramp up production to meet the needs of our country’s COVID-19 response. To answer the call, the MI is tapping into its workforce development partner network to help companies fill their open positions. If your company has open positions and you would like to get the word out about these jobs, or if you have a reskilling or upskilling story you want told as you and your workforce gear up for this response, send an email to MIresponds@nam.org.

 
COVID-19: Best Practices for Manufacturers

 
NAM-SHRM Call on COVID-19 and Workforce: On March 26, the National Association of Manufacturers (NAM) and the Society for Human Resource Management (SHRM) hosted a call with more than 6,000 participants to discuss how manufacturers can limit the impact of COVID-19 on their workforce and keep their businesses strong even during a time of quarantine. The call was led by Executive Director of The Manufacturing Institute, the workforce and education partner of the NAM, Carolyn Lee and featured comments from representatives from Dow and Littler Mendelson. 

 
Executive Order on Limiting Border-Crossing: Trade and business travel still allowed, but subject to additional screenings.

 
SEC Coronavirus Response and Conditional Regulatory Relief and Assistance for Companies Affected by the Coronavirus Disease

 Other Resources for ILMA Members

CDC Recommendations on Face Coverings and Masks
Recent studies show that a significant portion of individuals with coronavirus lack symptoms (“asymptomatic”) and that even those who eventually develop symptoms (“pre-symptomatic”) can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity — for example, speaking, coughing, or sneezing — even if those people are not exhibiting symptoms.  In light of this new evidence, CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., essential business office and plant settings, grocery stores and pharmacies) especially in areas of significant community-based transmission.

 
Helpful links: COVID-19 Symptoms   
                        What to do if You're Sick (Including when to discontinue home isolation)
                        Cleaning and Disinfecting
  


 
OSHA Guidance on Preparing Workplaces for COVID-19

 
ICE I-9 Temporary Waiver of Physical Presence Identify Verification

 
IRS Provides New Guidance on Family Leave and Tax Credits

IRS Help for Taxpayers, Businesses and Others Affected by the CoronavirusAn updated notice from the IRS has removed deferment caps, so the amount of income tax payment that can be deferred until July 15th is now unlimited.

 
Insights on Risk Management for COVID-19 from the Cybersecurity and Infrastructure Security Agency (CISA)

 
EPA's List of Disinfectants to use against SARS-CoV-2, the cause of COVID-19.

EPA is suspending some enforcement for unintentional regulatory violations, and will provide 7 days of notice before they expect full compliance to resume. It is expected that regulated facilities comply with regulations, but if it can be demonstrated that non-compliance is due to COVID-19 then it is excusable.

EPA
's Emerging Viral Pathogens Guidance: The EPA has conducted expedited review of disinfectants effective against COVID-19, and added 40 new chemicals to its "List N" of approved chemicals. List N contains 200 registered disinfectants identified for emerging viral pathogens, including the novel coronavirus that causes COVID-19, and includes contact time for each disinfectant. An emerging viral pathogen claim allows certain off-label claims. While disinfectant products on EPA's list have not been tested specifically against the novel coronavirus. The Agency expects them to be effective because they have been tested and proven on either a harder-to-kill virus or against another human coronavirus similar to the coronavirus.

 
The National Conference of State Legislatures (NCSL) List of Enacted and Pending Legislation on COVID-19: Searchable by state

 
Guidance on the Fair Labor Standards Act (FLSA) and responses to COVID-19, including teleworking and how the FLSA applies to temporary staffing.

 
CDC Interim Guidance for Businesses to Prepare and Respond to COVID-19 and Coronavirus General Info Page

 
The National Association of Manufacturers COVID-19 Policy Action Plan Recommendations: NAM recently hosted a conference call for more than 1,100 manufacturers regarding COVID-19 and how businesses can best respond to the crisis. You can access the audio from the call here

 
Reliable Resources for Workplace Issues: Everything you need to know to keep up with regulations governing treatment of employee concerns during this unprecedented time, including wages, hours and leave, telework, worker's comp, EEOC guidance on the ADA, and more.



ILMA ALSO OFFERS THE FOLLOWING
RECOMMENDATIONS
  • Maintain local contacts, as local officials can be a reliable source of information, particularly early on.
  • Know your suppliers and run outage scenarios to assess possible unforeseen impacts. Anticipate the unexpected, especially when your key suppliers may be in the front line of disruptions.
  • Create business continuity plans that include employees. These plans should include contingencies in critical areas and include backup plans for employers, transportation, communications, supply and cash flow. Involve your employees, suppliers and customers in developing these plans.

ILMA members facing issues, including supply chain and economic impacts, are encouraged to reach out to the Association so that we can share information with the relevant governing entities. Please feel free to contact ILMA with any questions or concerns: communications@ilma.org


ILMA COVID-19 Contact Information
Holly Alfano, CEO, halfano@ilma.org, (703) 298-4171
Matt Levetown, Associate Counsel, mlevetown@bmalaw.net, (202) 466-6502
Jeff Leiter, General Counsel, jleiter@bmalaw.net, (202) 466-6502