News from APCA
OSHA Offers New Guidance for Construction on Pandemic, Masks
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On May 27, OSHA posted new guidance for the construction industry with specific tips for engineering controls, administrative controls, topics for training, and more.
Greg Guidry, Ogletree Deakins, told APCA that the guidance is notable because federal OSHA formally acknowledges that “[c]loth face coverings are not PPE.” This is important because it relieves employers of any requirement to conduct written worksite assessments and training for face coverings. Nevertheless, OSHA recommends their use in construction as a public health measure.
The guidance is at www.osha.gov/SLTC/covid-19/construction.html.
Ogletree Deakins Offers Return to Work Guide
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Ogletree Deakins, who has provided invaluable information for americanpipeline.org throughout the pandemic and to APCA for many years, has prepared a detailed Return to Work Guide that will help you develop plans to return employees to work and/or the workplace.
In short, with input from more than 30 highly experienced labor and employment lawyers, the Guide contains more than 45 pages of written analysis and recommendations on common return to work issues, plus 23 templates, flowcharts, and checklists as practical tools to help you craft and implement a strategic and safe return to work process. The firm is hosting a Return to Work webinar (https://ogletree.com/webinars/2020-04-23/return-to-work-a-guide-for-getting-the-workforce-back-into-the-workplace/) this Thursday, April 23, to discuss these and related issues.
OSHA Considers Employer’s Good Faith Efforts When Enforcing Compliance During Coronavirus Pandemic
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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic.
Current infection control practices may limit the availability of employees, consultants, or contractors who normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services. Business closures and other restrictions may also preclude employee participation in training if trainers are unavailable and access to medical testing facilities may be limited or suspended.
Ogletree Deakins Provides COVID-19 Resources
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The following information was sent to APCA by Greg Guidry, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Guidry speaks at all APCA conventions and mid-year meetings and is a regular contributor to APCA's Pipeline Contractors Journal.
Due to the mountain of information in our COVID-19 Resource Center, we’ve reorganized it by topic and made it more user friendly. It contains new updates from the U.K. and Canada, as well as a summary of OSHA's New Enforcement Guidance and our regularly updated Chart Summarizing Both State & Local Closure Orders and Chart Summarizing Orders to Screen Employees for Symptoms & Provide Protective Measures.
SBA Offers Debt Relief on Existing Loans
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The U.S. Small Business Administration (SBA) is providing a financial reprieve to small businesses during the COVID-19 pandemic.
Last week, APCA provided information on the CARES Act and the nearly $350 billion it allocated to support emergency loans to qualifying businesses through the Paycheck Protection Program. The Act also includes $17 billion to subsidize existing small business loans.
CISA Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19
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The Cybersecurity and Infrastructure Security Agency (CISA) released the Version 2.0 (attached) of its Essential Critical Infrastructure Workforce advisory liston March 28 to help state/local entities protect their communities while ensuring continuity of functions critical to public health and safety as well as economic and national security. APCA submitted comments on a previous version of this guidance last week. CISA noted that the list should not be considered a federal directive or standard but is intended to be the exclusive list of critical infrastructure sectors, workers, and functions. It “identifies workers involved in the construction and services that are typically essential to the viability of maintaining and repairing critical infrastructure, including preforming the construction who support crucial supply chains and enable functions for critical infrastructure.”
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Almost 8 out of every 10 U.S. construction trades workers building domestic pipeline construction projects do not belong to a union, according to a Continuum Capital report.
