Coronavirus graphic

Updated June 3, 2020


NAM Hosting June 9 Webinar on SBA Tools for Exporters and Their Suppliers
On Tuesday, June 9, at 1:00 p.m. EDT, the National Association of Manufacturers will host the Small Business Administration’s Office of International Trade for a webinar focused on their tools to support the needs of small business exporters and larger exporters with small business suppliers. The program will cover the debt relief component of the CARES Act and the corresponding benefits it affords to SBA export finance products and State Trade Expansion Program (STEP) grants, among other things. To be connected to an SBA export finance manager click here.
Register Now



Tools and Strategies for Reopening
The CDC has released a new resource with tools and strategies to deploy ahead of office reopenings. It is intended to supplement the regularly updated CDC guidance for businesses and employers. For manufacturing settings, it is vital to continue following the CDC and OSHA’s interim guidance for manufacturing workers and employers, and you can find information for cleaning and disinfecting workplaces here, along with printable resources. You can also refer to the National Association of Manufacturers (NAM) Manufacturing Leadership Council’s "New Operational Practices to Consider in the Time of COVID-19" for ways manufacturers are meeting and exceeding CDC and OSHA guidelines.

NAM President & CEO Jay Timmons states, “We urge manufacturers to take all CDC-issued guidance seriously and to implement the strategies presented. These strategies represent the best science and thinking around protecting the workforce and the public from COVID-19. As the country reopens and high levels of cases in different parts of the country remain a challenge, maintaining social distancing of six feet, frequent hand-washing, avoiding large gatherings and wearing face coverings all remain important and proven public health strategies. It’s important for the strength of the manufacturing sector, the renewal of the economy and the return to school for our future workforce that we all maintain workplace and community protective measures, even as some restrictions are lifted around the country. Our country is counting on us to lead the way.”


Chicago Releases Guidelines for Manufacturers
The city of Chicago has released official COVID-19 guidelines for manufacturers. Mark
Denzler, president and CEO of the Illinois Manufacturers’ Association led the city’s task
force, which engaged business leaders from the state.

MLC Town Hall: Auto Manufacturing Employee Guidelines; Digital Best Practices
In its 10th town hall since the COVID-19 crisis began, NAM’s Manufacturing Leadership
Council (MLC) hosted leaders from DENSO and General Motors to share precautions
and policies designed to keep auto industry employees safe. The MLC also recently
hosted a 
webinar on the importance of leadership to recover from the pandemic using
the tools of Manufacturing 4.0.

NAM Releases Supply Chain Agenda
As part of its "American Renewal Action Plan," the National Association of Manufacturers
has provided new details on its 
Supply Chain Policy Recommendations for strengthening
the manufacturing supply chain in the wake of the COVID pandemic. These recommen-
dations were provided to the White House and Congress and are intended to help policy-
makers boost long-term economic growth by adopting incentives that make the United
States a more attractive place for manufacturing investment. As leaders in both parties
look to strengthen the supply chain and accelerate onshoring, it is hoped they will do so
in a constructive, rather than punitive, way that incentivizes companies to create the next
job or invest the next dollar here in the United States.

                 

NAM Releases Supply Chain Agenda
As part of its "American Renewal Action Plan," the National Association of Manufacturers has provided new details on its Supply Chain Policy Recommendations for strengthening the manufacturing supply chain in the wake of the COVID-19 pandemic. These recommendations were provided to the White House and Congress and are intended to help policymakers boost long-term economic growth by adopting incentives that make the United States a more attractive place for manufacturing investment. As leaders in both parties look to strengthen the supply chain and accelerate onshoring, it is hoped they will do so in a constructive, rather than punitive, way that incentivizes companies to create the next job or invest the next dollar here in the United States.

White House Provides Regulatory Relief to Support Economic Recovery
On May 19, the White House issued an executive order directing federal agencies to provide regulatory flexibility and relief to businesses dealing with the impact of COVID-19. The order also directed agencies to ensure businesses — especially small businesses — have the confidence necessary to reopen by providing clear guidance and recognizing the efforts of businesses to comply with often complex regulations.


OSHA Reverses Recordability Requirements
The CDC, in conjunction with OSHA, has launched a comprehensive guidance to assist manufacturers in reducing the spread and impact of COVID-19. Lubricant manufacturing, along with industries reliant on lubricants like metalworking, is specifically named. This new guidance supplements existing guidance on safe return of employees, and existing factsheets and advice remain important. In order to effectively implement COVID-19 safety procedures, CDC recommends appointing a workplace coordinator and developing an assessment and control plan making use of existing recommendations. Several unique issues for manufacturing should be considered in your plan, including public spaces, proximity and duration on a production line, and objects that can spear aerosols such as fans.

Update: SBA Clarifies PPP Loan Forgiveness Requirements and Loan Review Procedures
On May 22, 2020, the Treasury and SBA released new guidance (here and here) regarding the Paycheck Protection Program (PPP), specifically addressing loan forgiveness, as well as the SBA's loan review procedures and related borrower and lender responsibilities under the PPP. For borrowers who received the earliest PPP loans, the 8-week "covered period" is concluding, and the time to apply for loan forgiveness is rapidly approaching. The newest guidance supplements the recently released. The Loan Forgiveness Application and provides additional clarity about how the SBA intends to validate borrower representations on both the Loan Forgiveness Application and the initial PPP application.



New Guidance on Foreign Affiliates
The Treasury Department has issued a rule clarifying how to count foreign employees and foreign affiliates
for PPP eligibility. 
The rule says applicants must count all U.S. and foreign-based employees, including those
of their domestic and foreign affiliates, 
to determine if they meet the PPP's size test. However, the Small
Business Administration will not apply the new standard to  
applicants that applied before May 5, provided that
the business and its affiliates have no more than 500 employees whose 
principal place of residence is in the
United States.

Mexico Reverses Course on Manufacturing Delay
After pushing back the planned opening date for a number of manufacturing sectors from May 18 to June 1
representatives from the National Association of Manufacturers (NAM) spent a day communicating with senior
U.S. and Mexican government officials to change that. On May 15, Mexico’s Ministry of Health reversed course. 
new clarification in Mexico’s Diario Oficial (Federal Gazette) allows newly designated essential sectors ––
transportation manufacturing (including automotive and aerospace), mining and construction — to restart
operations prior to June 1 if health security protocol processes have been established and approved. An 
unofficial English translation of the new, clarified guidance was made available.

States Begin Outlining Back to Work Plans
A number of states have begun to outline plans that relax restrictions for “non-essential” businesses. But while
some states are moving to restore normal business operations, manufacturers continue to face additional policy
challenges.The National Association of Manufacturers (NAM) has provided an excellent state-by-state update.
You can also stay on top of these developments through 
NAM's Manufacturer's State Affairs Program.


Coronavirus Aid, Relief and Economic Security (CARES) Act

ILMA Joins NAM in Requesting COVID-19 Liability Protections
ILMA has joined a NAM-drafted letter, asking congressional leaders working on another COVID-19 stimulus bill to include coronavirus liability protections for essential businesses, including ILMA-member operations, that have remained open to respond to the COVID-19 crisis. The letter delivered to Capitol Hill requests targeted and limited “safe harbors” for businesses who have done their best with rapidly evolving federal, state and local rules and guidance and who may become the target of coronavirus-related lawsuits. These lawsuits, even when baseless, can hamper the rebuilding and reopening of the country, and further stress the businesses that kept the country running. Senate Leader McConnell (R-KY) has already indicated that the Senate will not pass any stimulus bill that does not include language protecting essential businesses. 

Workplace Issues for COVID-19
  • EEOC announced on May 7 that due to COVID-19, employers will not be required to submit EEO-1 Component 1 data until March 2021. The Commission will notify businesses of a specific date when it becomes available. The Commission has also provided a resource on employer responsibilities to prevent discrimination during COVID-19.

  • ILMA COVID-19 FAQs
    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. If you have a question that you do not see addressed, please contact us at 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). 


New Resources for ILMA Members
 
Manufacturing Leadership Council unveils new online information center COVID-19 operational resources


CDC Guidance for Reopening Office Buildings

CDC Guidance for Employees on Managing Stress and Workplace Fatigue Due to the COVID Pandemic

CDC Checklist for Employers on Making Reopening Decisions

 
Federal Motor Carrier Safety Administration (FMCSA) COVID-19 Resources

 
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
 
The Centers for Disease Control (CDC) has identified some Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) including:

  • How to decrease the spread of COVID-19
  • Strategies to reduce transmission among employees
  • Maintaining healthy business operations and work environments 

 
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.


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.” 
 
 Other COVID-19 Resources for ILMA Members
 
The IRS updated its prior notices for affected taxpayers by automatically extending the time to file returns and pay until July 15, 2020. Specifically, Corporate Return filings, schedules, and payments are extended, including Corporation Income Tax Form 1120.

IRS Provides Guidance on Deductible Business Expenses and PPP Loans

IRS
 provides Expanded FAQs on Employee Retention Tax Credit 


IRS
Help for Taxpayers, Businesses and Others Affected by the Coronavirus : The IRS, jointly with the Pension Benefit Guaranty Corporation, has extended a number of filing and payment obligations to July 15, 2020, including ERISA employee benefit plans that submit Form 5500 reporting.

IRS
 Provides Guidance Under the CARES Act to Taxpayers with Net Operating Losses

IRS Provides New Guidance on Family Leave and Tax Credits


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

 
EPA is temporarily allowing immediate disinfectant manufacture. The Agency has expanded its COVID-19 guidance on List N disinfectants to allow immediate production and sale without Agency approval, as long as notice of formulation and manufacturing changes is provided to EPA. Additionally, any registrant of a List N product containing specified active ingredients, such as glycolic acid and ethanol, may use any “similar” source of the active ingredient after notifying EPA. “Similar” means the ingredient has the same CAS number and purity.

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.

 
DOL continues to clarify the scope of the CARES Act unemployment benefits. The $2.2 trillion CARES Act aims to help struggling businesses and individuals during the coronavirus pandemic. Among other provisions, the legislation increases the weekly unemployment benefits workers can receive and extends the time they can receive payments. Notably, states may not charge employers for the Pandemic Emergency Unemployment Compensation (PEUC) benefits they pay, because such benefits are fully funded by the federal government.

 
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

 
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.

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



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