As we head into the second week of the COVID-19 national emergency, ABC is working to ensure that our construction businesses are protected during this national crisis. Also, please visit these ABC resource pages to find updates on federal legislation, state and local actions, and agency guidance on issues related to the coronavirus.
Please also see the attached letter from ABC to President Trump highlighting the important role of construction during this crisis and reach out if you have any questions or concerns.
Resources:
On Sunday night and again this afternoon, Senate Democrats blocked a procedural motion to continue to the bill that would carry the Senate's Phase Three CARES Act legislation. Attached is a current summary of the emergency relief bill and a letter that ABC sent Senators in support of the CARES Act. The bill would provide approximately $350 billion in small business interruption loans and contains tax provisions to delay payments and assist businesses through this crisis.
U.S. Treasury Secretary Steve Mnuchin, who negotiated the Phase Two deal with Speaker Pelosi last week, continues to work with Senate Minority Leader Chuck Schumer on a deal and Senate Majority Leader has committed to remaining in session until a deal is passed. Speaker Pelosi has also proposed her own, 1000+ page bill to address the crisis, though many see it is an unserious proposal and are hoping to modify the Senate legislation for passage.
Many Democrats have publicly stated support for including provisions in the bill that would limit executive compensation, prevent stock buybacks, ensure employee retention, beef up transparency measures, and check the wide discretion of Treasury Secretary in the legislation. Expanding leave and sick time benefits have also been a common refrain from Democrats as negotiations continue.
Families First Coronavirus Response Act:
Last Wednesday, the President signed into law H.R. 6201, the Families First Coronavirus Response Act. ABC was joined by a number of organizations in a letter to the Senate (attached) expressing concerns with the bill’s mandated leave provisions and ABC also sent a key vote letter (attached) in support of a Sen. Ron Johnson (R-Wisc.) amendment to replace the mandated leave requirements with unemployment insurance capped at $1000 a week. Unfortunately, the Senate set a 60 vote threshold on amendments to the bill and the Johnson amendment failed by a vote of
50-48
.
While the House was required to issue technical corrections to the bill they passed over the weekend, the bill would require businesses with 500
and fewer
employees to provide up to 12 weeks of paid leave. An overview of the bill’s employer paid leave requirements from the House Ways and Means Committee can be found
here
and a Littler explainer
here
.
OSHA Recording and Reporting of Cases of COVID-19
Many employers are now asking whether they must record cases of COVID-19 on their Occupational Safety and Health Administration 300 Logs or report the cases to OSHA. ABC is aware of concerns expressed by ABC members on this issue.
As a member of the Construction Industry Safety Coalition, ABC sent a letter to OSHA today regarding the agency’s recordkeeping and respirator enforcement during the COVID-19 outbreak. Please refer to the attached letter.
ABC general counsel Littler Mendelson P.C. has written an article that covers the following questions:
- Is COVID-19 Considered an “Illness” Under OSHA’s Recordkeeping Rules?
- When Is a COVID-19 Case Considered Recordable?
- When Is a COVID-19 Case Reportable?
Read the Littler analysis
here
.
Staff will continue to work with OSHA and provide future updates.
