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COVID-19 Information & Resources

  • COVID-19 Relief Legislation

    To date, Congress has passed four bills to help respond to the COVID-19.

    Phase I (H.R. 6074) – The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020

    $8.3 Billion in emergency funds for the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), National Institutes of Health (NIH), the State Department, the Small Business Administration (SBA), and the United States Agency for International Development (USAID)

    A summary of the legislation can be found here.

    Phase II (H.R. 6201) - The Families First Coronavirus Response Act

    $104 Billion in targeted relief for both individuals and businesses, as well as an expansion of coverage for COVID-19 testing. The package includes two weeks of qualified sick leave wages for those employees who must self-quarantine or seek treatment due to the virus, employer tax credits for paid sick and paid family and medical leave, guaranteed coverage of testing by public and private payers and additional health provisions regarding Medicare and Medicaid. For employers of companies under 500 employees the bill would provide tax credits to offset the cost of providing emergency leave. 

    A summary of the legislation can be found here.

    Phase III (H.R. 748)– The Coronavirus Aid, Relief, and Economic Security (CARES) Act

    $2 trillion for emergency assistance and health care response for individuals, families, and businesses 

    Business Relief: The bill provides over a $1 trillion in loans, grants, guarantees, and enhanced tax measures for small businesses and corporations

        • Allows for companies to carry back five-years of net operating losses to their 2018, 2019, 2020 tax bills.
        • Delay of payroll taxes for all employers: due over the course of two years with half due by 12/31/21 and balance by 12/31/22.
        • Accelerated recovery of AMT credits in the form of refunds.
        • Modification of limitation on business interest: this would loosen the limitation on interest deduction to 50% of EBITDA for 2019, 2020 (limit is currently 30% of EBITA).
        • Sets aside $454 billion in Treasury’s Exchange Stabilization Fund (ESF) for eligible businesses, states, and municipalities to access loans and loan guarantees. Any direct lending is subject to certain criteria. Companies must be domiciled domestically, are limited from making dividends or offshoring jobs, and must make a “good faith effort” to maintain at least 90% of employees at full compensation and benefits. Loans must be paid back within five years, with other criteria being set forth by the Secretary of the Treasury.
        • Loan fund of $349 billion for companies that would qualify as “small business” applicable up to 500 employees per physical location.
        • 80% carry back limitation lifted for pass-through entities to harmonize with the net operating loss treatment for C-Corporations for 2018, 2019, 2020.
        • $10 billion grant fund for small businesses to provide paid-sick leave, pay rent or other costs related to the disaster.
        • Expansion of Unemployment Insurance from 3-4 months and an increased payment of $600 per week (this is the provision holding up the bill).
        • Creates a temporary Pandemic Unemployment Assistance program for those not traditionally eligible for unemployment benefits.
        • Recovery checks of up to $1,200 will be given to most taxpayers. Married couples who file a joint return are eligible for up to $2,400. Those amounts increase by $500 for every child. Individuals making over $99,000 and joint filers over $198,000 will at this point receive no benefits.
        • Creates limitations on how much an employer with 500 or fewer employees be required to pay for paid and emergency paid sick leave per day and in the aggregate for each employee. 

    Airport Aid to Respond to the Coronavirus: The bill includes $10 billion to address a range of needs impacting airports as they respond to the coronavirus; including emergency response, cleaning, sanitization, infrastructure projects and airport operations.

    EPA & DOE: $35 million in additional funding for both agencies to meet operations related to pandemic.

    Federal Emergency Management Agency: The bill provides $45 billion for FEMA’s Disaster Relief Fund. Funding will be used by FEMA to help states respond to COVID-19. Much of this funding will not be used for capital intensive projects, but instead for the supplies states need to respond to COVID-19.

    H.R. 266 - the Paycheck Protection Program and Health Care Enhancement Act

    The legislation provides an estimated $484 billion for various programs with most of the resources going to the Paycheck Protection Program. 

    Paycheck Protection Program - $310 billion to replenish the PPP, allocated as follows:

    • $250 billion for the general program open to all participating lenders.
    • $60 billion reserved for lending institutions with assets less than $50 billion, of which:
    • $30 billion for institutions with assets between $10-50 billion, and
      $30 billion for those with less than $10 billion

    Small Business Administration - $2.1 billion for administration of Small Business Administration (SBA) programs.

    Hospitals - $75 Billion for aid to hospitals.

    Coronavirus Testing - $25 billion for various COVID-19 related testing expenses

  • Advocacy

    PCA is partnering with NRMCA, NSSGA, and NAPA in a joint association grassroots campaign urging governors to declare the construction industry an essential service.  Additionally, PCA and NACA are engaged in a grassroots campaign targeting the U.S. Senate and House of Representatives in support of continuing construction and providing additional infrastructure investments.

    Joint Association

    PCA/NACA

  • Federal Resources

    MSHA Response to COVID-19 – MSHA’s response and safety guidance regarding COVID-19. It addresses what mine operators and miners should do during the pandemic and actions the agency is taking, which include authorizing flexibilities regarding annual refresher training, encouraging inspectors to participate in COVID-19 screenings at operations, and limiting the number of inspectors present for routine inspections (if an operator contacts their field/district office).

    PCA Letter to MSHA

    EPA Information in Response to Coronavirus 

    EPA Coronavirus Enforcement Discretion Policy – EPA issued a temporary enforcement policy in response to difficulties facilities are facing with routine compliance obligations due to COVID-19. The temporary policy provides enforcement discretion for routine compliance obligations, including monitoring, integrity testing, sampling, laboratory analysis, training, and reporting. EPA will not seek enforcement penalties for these routine violations, provided that facilities identify and document how COVID-19 was the cause of the noncompliance.

    PCA Letter to EPA

    Department of Homeland Security – CISA Infrastructure Workforce Guidance – The Cybersecurity and Infrastructure Security has provided periodic guidance to state and local government on which industry/workers are essential during shelters in place and quarantines.  In CISA’s March 28th guidance they identified the cement industry and our workers as essential

    PCA Letter to DHS Seeking Essential Designation for Cement

    Department of Labor Paid and Sick Leave Guidance – In response to the Families First Coronavirus Relief Act, DOL has been updating their guidance as it relates to paid and sick leave. 

    Department of Transportation - Their main site has descriptions and links to the various actions taken by U.S. DOT and its agencies in response to the pandemic to ensure the safety of our transportation networks to ensuring the flow of essential supplies, food, fuel, and medical equipment. The page will be continually updated as new information and resources are available.

    The Federal Motor Carriers Safety Agency (FMCSA) released an expanded national emergency declaration to provide hours of service regulatory relief to  truck drivers transporting supplies for emergency relief in response to the  COVID-19 pandemic. 

    FMSCA updated guidelines providing more flexibility for drug and alcohol testing requirements. This guidance is in effect through June 30, 2020.

    FMCSA grants a three-month waiver from certain regulations applicable to  commercial learner’s permit (CLP) holders operating commercial motor vehicles (CMVs) in interstate and intrastate commerce. 

    Federal Railroad Administration (FRA) activated an Emergency Relief Docket for COVID-19 and the emergency relief provisions of the FRA rules allowing for expedited review of  railroad petitions for relief from certain rule compliance provisions and provided a 60 Day Emergency Waiver for certain requirements of the FRA’s safety regulations.

    Treasury Department -The Department of the Treasury provides information related to the Economic Impact Payments (Stimulus Checks) for Americans and the Paycheck Protection Program that provides loans to businesses for keeping employees on payroll. It also contains information on the loan program for the airlines, and consumer protection from COVID-19 related scams.

    Small Business Administration - The Small Business Administration (SBA) has several loans to help businesses through the COVID-19 crisis. This webpage provides information on qualifications and the process for applying for these loans. The page also contains information on COVID-19 from a business operations perspective. The webpage lists local SBA offices, which provide help with applying for SBA loans, mentorship, and other guidance.

    Internal Revenue Service - The Internal Revenue Service (IRS) provides detailed tax guidance on the provisions contained with the CARES Act. These resources are geared toward tax professionals, but it does contain news releases and other statements that provide useful information on COVID-19 related tax measures.

    Center for Disease Control (CDC) - An abundance of resources. If an employee or family member feels sick, this is a great place to start. Includes a map of confirmed cases, latest updates, resources on travel, schools & childcare, businesses & employers, and community & faith-based organizations. There is also information on how to protect yourself, what to do if you feel sick, what the symptoms of COVID-19 are, how to prepare your family, and resources for older adults and those with medical conditions.
     

    Businesses and Employers

    Individuals

    Food and Drug Administration Hand Sanitizer Manufacturing Policy - In response to the limited availability of commercial hand sanitizer products in some areas, FDA has issued temporary guidance allowing entities to prepare alcohol-based hand sanitizers, either for public distribution or for internal use. This temporary guidance establishes specific conditions governing allowable ingredients, manufacturing process, analysis and quality control, product labeling, streamlined registration of manufacturers, and adverse incident monitoring and reporting.  

    Federal Motor Carrier Safety Administration - On April 8, FMCSA extended its Emergency Declaration through May 15th. This lengthens the period of time where HOS rules are lifted for the transport of supplies needed for the response to COVID-19. As part of this FMCSA expanded the list of products exempt from HOS to include liquified gases used in refrigeration and other cooling. OOIDA has sought to extend this to mixed loads carrying some of the covered items as well as other items. FMCSA’s extended emergency declaration did not include this.

    Federal Railroad Administration - On April 10,  the FRA issued a Notice of Safety Advisory encouraging railroads, their employees, and constructors to review and follow all applicable guidance related to COVID-19, including the best practices identified in the President’s Coronavirus Guidelines for America, the CDC’s COVID-19 guidelines and OSHA’s Guidance on Preparing Workplaces for COVID-19. The Safety Advisory also recommends that railroads develop and implement procedures and practices consistent with those outlined in best practices.

    Occupational Health & Safety Administration (OSHA) 

    OSHA Guidance on Preparing Workplaces for COVID-19 - Developed in collaboration with the U.S. Department of Health and Human Services to help employers respond in the event of coronavirus in the workplace.

    Temporary OSHA Guidance on Respiratory Protection Standard - This guidance provides suggestions and options to help increase the availability of N95 filtering facepiece respirators for healthcare providers.

    COVID-19 Webpage - Provides infection prevention information specifically for employers and workers.

    Equal Employment Opportunity Commission (EEOC)

    Pandemic Preparedness in the Workplace and the Americans with Disabilities Act: This technical assistance document provides information about Titles I and V of the Americans with Disabilities Act (ADA) and Section 501 of the Rehabilitation Act and pandemic planning in the workplace. It identifies established ADA principles that are relevant to questions frequently asked about workplace pandemic planning.

    COVID – Ask the EEOC Webinar.  This pre-recorded webinar addresses questions arising under any of the Federal Equal Employment Opportunity Laws and the COVID-19 pandemic. The video can be seen on YouTube. A transcript of the webinar is also available.

    Federal Emergency Management Administration (FEMA)

    FEMA Website on Federal emergency for COVID-19: Provides resources and guidance on issues related the COVID-19 National Emergency

    FEMA's COVID-19 Geospatial Resource Center: FEMA's data hub gives the emergency management community the ability to share authoritative data, maps and apps, as well as enhance situational awareness for all partners responding to COVID-19.

  • State and Local Resources

    COVID-19 State-by-State Resources and Environmental Policies. 
    PCA has prepared an interactive state-by-state map providing Information on state-level COVID-19 main resource pages as well as lead environmental agencies and temporary environmental enforcement policies. 

    ConstructConnect’s interactive map of state with shelters in place and states that have deemed construction essential.

    MultiState COVID-19 Policy Tracker is a collection of state and local government resources and responses to COVID-19 Information for each state that includes links to health department’s website, key contacts, state of emergency documents, executive orders, session changes/capitol closures, travel restriction & information, official social media sources, and the tracker’s last update.

  • Additional PCA Resources

    COVID-19 Washington Update – On March 27, PCA’s Government Affairs team held a webinar providing a COVID-19 legislative and regulatory update

    PCA's Market Intelligence Group has periodically released half-hour economic briefings outlining the impacts of COVID-19 on the U.S. economy, with specific focus on cement consumption and construction activity. 

    Click here to view the briefings.

    Best Management Practices for Cement Operations during the COVID-19 Crisis 
    Planning to Return to Office Life 

  • Additional Information

    Fisher Phillips

    FAQs for Employers on COVID-19 – A comprehensive FAQ on all things workplace law, which is being updated daily.

    Mining Industry Considerations During COVID-19 Coronavirus Outbreak – An industry-specific alert on the mining industry.

    Sedgwick Coronavirus Update: Guidance for Casualty Clients – Further information on workers compensation claims, including business continuity planning, workers’ comp best practice guidelines, and general liability and employers’ liability best practice guidelines.

    Husch Blackwell Coronavirus Toolkit – A library of resources in all areas of law regarding COVID-19. A few specific areas are noted below.

    State-by-State Local Updates

    Labor Relations Issues and COVID-19

    Workplace Issues and COVID-19