Guidance for Opening Up America
The Associated Press obtained a 63-page document titled “Guidance for Opening Up America Again Framework” that is more detailed than other, previously reported segments of the guidance. The source was granted anonymity because they were not authorized to share the document with the press. ASA would like to share this information with its members. https://assets.documentcloud.org/documents/6889330/Guidance-for-Opening-Up-America-Again-Framework.pdf
National Women In Roofing and RoofersCoffeeShop Launch Industry Recruitment Opportunity
National Women in Roofing (NWiR) and RoofersCoffeeShop have partnered to launch a recruiting campaign for the roofing industry. The campaign allows companies to submit job postings for Roofers Coffeeshop to share. Through opening a wide variety of job opportunities at companies to viewers, the partnership will be able to attract new talent and offer opportunities for companies to increase visibility to their job postings. Any company in roofing can submit job opportunities here: bit.ly/roofingcareers. Contact: Ellen Thorp at ellen@nationalwomeninroofing.org or 303-450-3150 for more information.
NEXT Coalition Launched to Enhance Health and Safety in Construction
While the COVID-19 pandemic has forced shutdowns of many global businesses, a coalition of leading critical infrastructure and construction companies has banded together to launch the “NEXT Coalition.” Based on the idea of the “next normal,” the coalition intends to promote and share industry safety best practices to help mitigate the impact of this pandemic or a future health crisis. The peer companies in the NEXT Coalition combine established cultures of safety, operational excellence, and innovation to accelerate impactful change with the industry and beyond. For more information, please read the article on page 16.
ASA Weighs in with the Senate Labor Committee Leadership on OSHA COVID-19 ETS
ASA, along with the Construction Industry Safety Coalition (CISC), in a letter to Senate Labor Committee Leadership expressed their concern for proposals to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) in response to the COVID-19 pandemic.
The CISC recognizes the potential hazards of COVID-19 and strongly believes that employers should take steps to ensure that employees are protected. Early in the pandemic, the CISC developed and distributed comprehensive materials to our member companies for communicating proper safety, distancing, and disinfecting measures to workers on the job site to reduce the risk of exposure. This includes a Coronavirus Preparedness and Response Plan for Construction and customizable blueprint for construction businesses to use in establishing worksite safety protocols.
Additionally, our coalition member groups independently hosted safety stand-downs on COVID-19 throughout the month of April, providing employers with communications and safety procedures in both English and Spanish. However, the CISC is greatly concerned by proposals such as H.R. 6559, the COVID-19 Protect Every Worker Act that would compel OSHA to issue an emergency temporary standard and subsequent permanent standard for infectious diseases. This bill, and similar language adopted in the House-passed Heroes Act, puts the cart before the horse, mandating the issuance of a new standard before OSHA has had the opportunity collect and analyze data on the prevalence of workplace exposure to and contraction of COVID-19.
Finally, the CISC urged the Labor Committee’s Leadership to ensure OSHA, the CDC, and all other appropriate agency stakeholders first work together to assess the extent to which COVID-19 presents a risk in various workplaces before taking any action, including, if necessary, issuance of any infectious disease standard.
ASA Issues Amicus Brief Opposing OSHA Lawsuit
On May 30, 2020, ASA joined the National Home Builders, the ABC, and some members of the Construction Industry Safety Coalition, in filing an amicus curiae brief in opposition to the AFLCIO’s Petition for a Writ of Mandamus to compel the Occupational Safety and Health Administration (“OSHA”) to issue an emergency temporary standard for infectious diseases (“ETS”), in order to protect employees from SARS-CoV-2 (“COVID-19”). Per the brief, “guidance on how to maintain the spread of COVID-19 in the aviation industry would naturally be quite different from guidance directed at the banking industry, or the construction industry.”
On May 18th, the AFL-CIO sued OSHA to force the agency to issue an Emergency Temporary Standard (ETS) for Infectious Diseases/COVID-19 covering all employees. The petition cites general data on COVID-19 cases and highlights certain industries: healthcare; customer-facing industries; and meat and poultry processing. Also, the AFL-CIO cites as a framework the CalOSHA airborne transmissible disease standard and a similar standard that has been under development at OSHA for the last few years.
It was important for ASA and the construction industry to participate as an amicus in this case for several reasons:
- The AFL-CIO Petition would be broadly applicable to all workers, but there is no evidence included in the Petition that a significant risk exists in construction or that construction employers are not taking the requisite actions to protect employees. More broadly, the AFL-CIO cites just a few industries, but then extrapolates to say that all industries should be covered.
- Mandating OSHA to put out a COVID-19 standard in thirty days, applicable to all industries, would not allow OSHA to really understand how such a standard would apply in all industries. There would be no time for site visits, stakeholder input, etc.
- It was important for construction to lend a separate voice.
- This is just the first of what will likely be multiple efforts to force OSHA to create a standard.
Click here to review the as filed Amicus Brief.
Click here to review the Motion for Leave Amicus Brief.
Focus on Fall Prevention
ASA-Houston Chapter is thrilled to be a part of an eight-organization alliance formed to focus on fall prevention in construction during the month of June.
The idea was conceived on an ASA-HC Safety committee call in mid-May (yes, less than three weeks ago) and it quickly grew to seven construction trade organizations wanting to take part in communicating fall prevention to our industry. During the month of June, each organization will communicate information and offer tools to raise fall hazard awareness to stop fall fatalities and injuries in construction.
Watch your email and social media (#fallpreventioncampaign #fallpreventioninconstruction #fallpreventionforyourfamily) throughout this month for information and tools including fall statistics, OSHA videos for falls in construction, video fall prevention toolbox talk, Accessing Safety Knowledge (ASK) sheets, Houston Fall Prevention Alliance toolbox talks, fall prevention jobsite signage and fall safety at home.
- June Fall Prevention Month Alliance Organizations
- ASA – Houston Chapter
- ASA – North TExas Chapter
- ASA – San Antonio Chapter
- ASA of Colorado
- ASA of Arizona
- ASA – national Organization
- Associated General Contractors (ACC) Houston
- Colorado Safety Association
Procore Becomes Platinum Sponsor with Significant Investment in the American Subcontractors Association
This article is from Procore’s blog post dated 5/27/2020.
As we now know, the COVID-19’s impact on construction and our lives will likely last more than a few months. From the start, the key priority for specialty contractors, naturally, has been the safety and well-being of all employees. As we prepare to make the shift from triage to long-term business continuity, Procore is teaming up with the American Subcontractors Association (ASA) and is proud to kick off a new partnership.
The collaboration offers exclusive discounts to association members on Procore’s platform through the ASAdvantage affinity program. Our hope is that this will make digital solutions more accessible to teams that are beginning to analyze the full scope of what their people need to be safe and successful.
Our mission is to connect everyone in construction on a global platform —general and specialty contractors alike. With social distancing policies adding a new layer of complexity to projects, Procore is helping empower ASA members to reap the benefits of digital solutions that make safe, productive, and profitable transitions into a post-pandemic world possible.
Click here to read the full article.SBA Issues New Rule on Paycheck Protection Program
On May 22, 2020, the Small Business Administration (SBA) released two new interim final rules on the Paycheck Protection Program (PPP) clarifying some aspects of the program including general eligibility qualifications and payback provisions. One rule addresses the requirements for loan forgiveness and the other outlines PPP loan review procedures and related borrower and lender responsibilities. With the first funds disbursed under the PPP on April 3, the first 56-day period of payroll protection is expected to end this week for the first batch of loan recipients. Click here for highlights of the two new rules.
DOL and IRS Issue Rule to Extend COBRA Deadlines
This article is from SESCO Management Consultants, ASA’s Human Resource Partner. To learn more about this and all of the benefits available to ASA Members, please click here.
The U.S. Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) have issued a Joint Rule to extend certain time frames for group health plans and other welfare and pension plans. Pursuant to the Rule, plans must disregard the period from March 1, 2020 until 60 days after the announced end of the National Emergency related to the COVID-19 outbreak (which is, at this time, an undetermined date). In the Rule, this period is referred to as the “Outbreak Period.”
The Rule provides that this relief applies in determining such deadlines as:
- The 60-day election period for COBRA continuation coverage
- The date for making COBRA premium payments; and
- The date for individuals to notify the plan of a qualifying event.
The Rule provides several examples of how disregarding the “Outbreak Period” would impact these deadlines. One such example is the situation where an employee has a reduction of hours below what is necessary to meet the group health plan eligibility requirements. If that employee was provided a COBRA election notice on April 1, 2020, what is the deadline for the employee to elect COBRA? The due date will be 60 days after the announced end of the National Emergency. In the Rule, the DOL and IRS used a hypothetical end date of June 29, 2020 which would make the COBRA election notice due on August 28, 2020.
Click here for the full article.
CDC Guidelines for Employers
The CDC has issued guidance on office reopening and their recommendations include opening windows; banning communal seating areas, eliminating coffee makers, water coolers, and bulk snacks; commuters should drive to work by themselves instead of car-pooling or using public transit; workers’ temperature and symptom checks upon arrival; face coverings should be worn at all times; desks should be six feet apart or erecting plastic barriers if that is not possible; no handshakes or fist bumps; and limited use of elevators to maintain social distancing. The CDC guidance can be found here.
ASA Coronavirus Resource Guide
The Center for Disease Control (CDC) is responding to an outbreak of respiratory disease caused by a novel coronavirus (COVID-19) that was first detected in China and has now emerged in almost 90 locations internationally, including 500 confirmed cases within the United States as of March 9, 2020. With the complete clinical picture of COVID-19 not fully known along with the CDC’s expectation that the number of confirmed cases will continue to rise, members of the American Subcontractors Association (ASA) may have concerns regarding the disease and how to handle employment matters during this outbreak. As the situation is emerging and continually evolving, ASA will monitor all federal agency developments and guidance to supply our members with the most up to date information available. The ASA has collected numerous materials from a wide variety of sources and developed this Coronavirus Resource Guide to provide our members with a comprehensive resource to best prepare for employment disruptions as COVID-19 cases continue to be discovered.
| ASA has also put together the ASA Coronavirus Employer Guide. To access the MEMBERS ONLY ASA Info Hub:Go to the Member Login Page.If you need a Username and Password, create an account.Once logged into the Info Hub, choose “Resources” from the left-hand menu.Choose “COVID-19” from the drop-down menu at the top of your screen. |
