Coronavirus graphic

Updated November 10, 2020

       New guidance on face masks and COVID-19   CDC Updates Timeline for COVID-19 Quarantines  
     FFCRA Documentation Requirement Rule Struck Down  4 COVID-19 Legal Questions You Should Answer 
      
       SBA Publishes PPP Loan Necessity Information Request Forms for Certain Borrowers

      New CDC Guidance
 Makes Contact Tracing More Difficult for Employers

      SHRM: 4 More COVID-19 Legal Questions You Should Answer

      SBA and Treasury Announce Simpler PPP Forgiveness for Loans of $50,000 or Less

STLE Metalworking Fluids and COVID Practices

Who pays COVID-19 Testing?

DC Reverses Controversial Coronavirus Guidance

Trump administration releases Covid Vaccine Distribution Plan

ILMA signs onto coalition support letter for H.R. 777 – Paycheck Protection Program Small Business Forgiveness Act

CDC Issues Guidance on Self-Isolation Following Onset of Symptoms
The new CDC guidance on self-isolation following the onset of symptoms or a positive test no longer requires two negative tests be conducted, instead shifting to timed symptom-based guidance. Asymptomatic individuals with a positive test should self-isolate for ten days. People with COVID-19 symptoms should isolate for ten days after onset, or 24 hours after their fever has broken. The changes arose following research demonstrating “viral shedding,” which can result in false positives up to three months after becoming non-infectious.
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House Republican introduces bill to provide tax credit to businesses for PPE

The credit is limited to $1,000 per employee for a business’s first 500 employees, $750 per employee for the next 500 employees and $500 for each employee after that. For example, if a restaurant with 40 employees spends $60,000 on PPE, testing, disinfecting and plexiglass shields, it would receive a $30,000 tax credit against its payroll.
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SBA Eases Loan Forgiveness Restrictions
The Small Business Administration (SBA) has issued a new Interim Final Rule (IFR) to incorporate more of the Paycheck Protection Program Flexibility Act of 2020 (PPFA) for small business owners who have received aid through that program. In addition, SBA updated its loan forgiveness application, and issued an "EZ Form" for borrowers who meet certain criteria.
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DFC Announces Loan Applications Being Accepted for Re-Shoring Strategic Resources

The U.S. International Development Finance Corporation (DFC) announced it is now accepting loan applications for the purpose of assisting in re-shoring U.S. production of strategic resources needed to respond to the COVID-19 pandemic. Eligibility requirements were also issued. President Trump issued an executive order in May that provides for the agency to move forward with the loans under the Defense Production Act. Per the executive order, loans must be used to “create, maintain, expand, or restore domestic industrial base capabilities supporting the national response and recovery to the COVID-19 outbreak; or the resiliency of any relevant domestic supply chains.”


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.

“Throughout the pandemic, as essential businesses ILMA members navigated through the challenges of providing a safe workplace by implementing effective social distancing and other measures in their manufacturing plants," says ILMA CEO Holly Alfano. "Now, as the country opens up,  and manufacturers bring more employees into their plants, members must not let their guard down. There's no question that some of the CDC safety practices are challenging and costly, especially for smaller operations. However, encouraging employees to maintain social distancing, wear masks, wash hands frequently and avoid large crowds are simple yet highly effective strategies for a safe workplace."

With greater numbers of employees at your operation, there will undoubtedly be human resources challenges, Alfano adds. ILMA has addressed many of these issues in its document, FAQs: Workplace Issues for COVID-19.


ILMA COVID-19 FAQs

ILMA has been fielding member 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.

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.

                 

SBA and Treasury Announce Enhanced Transparency Regarding the PPP
In an effort toward transparency, the U.S. Small Business Administration (SBA) and the U.S. Department of the Treasury announced a bipartisan agreement to disclose  information regarding companies that borrowed $150,000 or more under the Paycheck Protection Program (PPP). That information will give business names, addresses, NAICS codes, zip codes business type, demographic data, non-profit information, jobs supported, and loan amount ranges from $150,000 to $10 million, accounting for 75% of approved loan.

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 Requests 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 COVID Q&A on reasonable accommodations for employees, adjusting normal business operations 
     
  • 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.

  • 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
 
OSHA CDC guidance Clarified 

 
SHRM: 6 Contact-tracing steps employers should consider 

SHRM:
 COVID-19 Reporting Obligations
 makes contact tracing more difficult for employers

SHRM 5 steps to take when an employee gets COVID-19


SHRM: Answers to the Most Common Coronavirus Questions
 


DOL issues revised FFCRA leave rules


 
SBA Roundtable Provides COVID Update from CDC and OSHA 

 
NLRB COVID-19 In-Person Union Election Guidance

 
OSHA free COVID-19 print resources

OSHA 
COVID-19 FAQ's webpage

 
Labor Department issues paid leave guidance

 
Chamber of Commerce Guide to PPP Loan Forgiveness

 
Manufacturing Leadership Council unveils new online information center COVID-19 operational resources


CDC Guidance on Hurricanes and COVID-19

CDC Guidance on Going to a Public Disaster Shelter During the COVID-19 Pandemic

CDC Guidance on Self-Isolation Following Onset of Symptoms

CDC 
Guidance on Testing Employees for COVID-19

CDC 
Testing Strategy for Coronavirus (COVID-19) in High-Density Critical Infrastructure Workplaces after a COVID-19 Case Is Identified

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.


MI Responds: 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 

 
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
 
IRS Updates FAQs on Employee Retention Tax Credit
New FAQs about employee retention tax credit, the temporary refundable payroll tax credit for eligible employers affected by COVID-19 can be found here and here.


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