ASA is Dedicated to Making Sure its Members Have the Latest Information Regarding COVID-19
From the ASA President:
The emergence of COVID-19 in the United States is undoubtedly impacting our members both personally and professionally. Please know that the ASA is a resource to you during this difficult time and is working diligently to ensure you have the most up to date information available from federal agencies along with all pertinent developments related to Congress' response. Please utilize this webpage to stay up to date on the latest COVID-19 information as we all work through this together.
Department of Labor
SBA Loan Programs
Click Here for Information on the SBA Paycheck Protection Program
(Application is in the COIVD-19 section of InfoHub)
(NOTE: Question #46 addresses PPP loan self-certification and review of loans over $2 million)
Click Here to review the Small Business Legislative Council's memo outlining the PPP Loan Forgiveness Application! (NOTE: The ASA is a member of the SBLC)
FFCRA New Paid Leave Provisions
ASA Members Only Resources
- ASA Families First Coronavirus Response Act Leave Provisions
- ASA Employer Guide
- ASA Attorneys Council Legal Guidance
- CISC COVID-19 Exposure Prevention, Preparedness, and Response Plan (available in English and Spanish)
These resources are only available within the MEMBERS ONLY ASA Info Hub.
To access the MEMBERS ONLY ASA Info Hub:
1. Go to the Member Login Page.
2. If you need a Username and Password, create an account.
3. Once logged into the Info Hub, choose "Resources" from the left-hand menu.
4. Choose "COVID-19" from the drop-down menu at the top of your screen.
ASA Government Relations Updates
ASA COVID-19 Advocacy Communications
- Coalition Letter Urging Congressional Leadership to Take Action and Modify the PPP
- Transportation Construction Coalition Press Release Announcing Campaign to Urge Congress to Take Action on a Transportation Infrastructure Package
- ASA signs on to letter urging President Trump to support investment in infrastructure in the wake of COVID-19
- ASA signs onto support letter to Congressional leaders urging them to preserve the United States Postal Service
- The ASA spearheaded a letter to the Attorney General, which was signed by 15 organizations recommending to the Department of Justice to "temporarily suspend operations" by Federal Prison Industries (FPI), a Federal government corporation operating under the trade name UNICOR, that uses inmate labor to produce goods and services. Click here to review the letter.
- On Friday, April 17, 2020, the ASA signed on to a letter with the Construction Safety Industry Coalition seeking OSHA guidance and information in two areas: (1) reportability of COVID-19 cases, and (2) the recommended approach to social distancing and face coverings in construction. Click here to review the letter.
- On Friday, April 17, 2020, the ASA signed on to a letter with the Small Business Legislative Council (SBLC) urging Congress to take swift action to support small businesses affected by COVID-19 through additional funding to the SBA Paycheck Protection Program (PPP) and the Emergency Injury Disaster Loan (EIDL) Program. The SBLC also urged Congress to expand eligibility to 501(c)6 organizations which would allow trade associations to apply for funding. Click here to review the SLBC letter
- SFAA-NASBP Congressional Request for Emergency Order Letter
- Coalition Letter to President Trump on Essential Infrastructure
- On March 23, 2020, the Construction Industry Safety Coalition (CISC) wrote a letter to OSHA expressing its concerns with the Agency's position on the recordability of COVID-19 cases and the flexibility of respiratory protection. In response to the CISC's letter, OSHA issued a memo on April 10, 2020, updating its guidance on recording COVID-19 cases as a recordable illness. OSHA WILL NOT ENFORCE their COVID-19 recordkeeping requirements until further notice except where:
- There is objective evidence that a COVID-19 case may be work-related. This could include, for example, a number of cases developing among workers who work closely together without an alternative explanation; and
- The evidence was reasonably available to the employer. For purposes of this memorandum, examples of reasonably available evidence include information given to the employer by employees, as well as information that an employer learns regarding its employees’ health and safety in the ordinary course of managing its business and employees.
To review the CISC's March 23rd letter to OSHA, click here!
To review OSHA's updated guidance on COVID-19 recordkeeping, click here!
- Click Here to Download the ASA Gubernatorial Statement on the Construction Industry as an Essential Service
House Passes CARES Act II
PPP Loan Eligibility Would CHANGE Under House Proposal
Senate Passes Legislation for Additional COVID-19 Funding for Small Businesses
On Tuesday, April 21, 2020, the Senate passed H.R. 266, the Paycheck Protection Program and Health Care Enhancement Act, to provide $484 billion in COVID-19 aide small businesses, hospitals and to expand testing.
The $484 billion aid package negotiated by congressional leaders and the administration would include:
• $310 billion in additional lending authority for the Paycheck Protection Program, with some funds set aside to support loans issued by smaller lenders.
•$60 billion for separate disaster loans to small businesses.
• $75 billion for hospitals.
• $25 billion for virus testing.
The legislation will next go to the House and Speaker Pelosi has indicated that the measure will pass. President Trump is expected to sign the legislation into law.
President Trump's Reopening Plan
Last evening President Trump released guidelines for “Opening Up American Again”. The plan proposes that States should only begin lifting the restrictions when they can maintain a downward trajectory of new COVID-19 cases, symptom free for 14 days, have robust testing for health care workers, and can treat all patients without needing crisis care. Health care experts say the phased re-entry the White House has outlined is the right approach, but warn that more widespread testing may be necessary before most people can safely return to work or school, which is not spelled out in the guidelines. The White House also shared a release on President Trump convening Members of Congress to serve on the “Opening Up America Again” Congressional group.
OSHA Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to COVID-19
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued interim enforcement guidance to help combat supply shortages of disposable N95 filtering facepiece respirators (N95 FFRs). The action marks the department’s latest step to ensure the availability of respirators and follows President Donald J. Trump’s Memorandum on Making General Use Respirators Available. Click here to view the guidance.
U.S. Department of Labor Issues Regulation for New Paid Leave Programs
On Thursday, April 2, 2020, the U.S. Department of Labor (DOL) issued their regulations regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The department’s Wage and Hour Division (WHD) posted a temporary rule issuing regulations pursuant to this new law, which went into effect on Wednesday, April 1, 2020. Click here to view the new paid leave regulation.
IRS Guidance on COVID-19 Tax Credits for Businesses Through Required Paid Leave Programs
The FFCRA provides small and midsize employers refundable tax credits that reimburse them, dollar-for-dollar, for the cost of providing paid sick and family leave wages to their employees for leave related to COVID-19. For a more detailed overview of these tax credits, click here. For basic FAQ's, click here.
Coronavirus Aid, Relief, and Economic Security (CARES) Act
On March 25, 2020, the Senate passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act unanimously (96-0). The House passed the CARES Act on Friday, March 27, 2020 by a vote of 419-6 and the legislation was immediately signed into law by President Trump. The CARES Act is the third economic stimulus package passed by Congress in response to the outbreak of coronavirus (COVID-19) and its size and scope makes it the largest stimulus package in U.S. History.
DOL Issues FFCRA Paid Leave Poster for Employers to Post
The Department of Labor has released further guidance on the new employee paid leave benefits enacted under the FFCRA. Below is a link to a poster that employers with 500 or fewer employees should post at their business locations.
Please stay tuned for additional guidance from the Department of Labor
DOL Guidance on New Paid Leave Provisions
Senate Passes Families First Coronavirus Response Act
On Wednesday, March 18, 2020, the Senate voted 90-8 passing the Families First Coronavirus Response Act. Please see the Member Benefits section of ASA InfoHub for a memo regarding the Act's Paid Sick Leave Provisions. The President is due to sign this legislation immediately and the Act's provisions will not become law until 15 days after it is signed.
Despite ASA's opposition to this Act, we would like to thank the 144 ASA members across 15 states, who took action and emailed 30 Senators to oppose it. Well done and please remain safe.
ASA Opposed H.R. 6201, the Families First Coronavirus Response Act
ASA opposed the House-passed H.R. 6201, the Families First Coronavirus Response Act (FFCRA), which was voted on by the Senate on Wednesday, March 18th. While we appreciate the efforts of Congress and the Administration to provide necessary and timely relief to small businesses and their employees during the Coronavirus Pandemic (COVID-19), FFCRA would impose unsustainable mandates on subcontractors.
Additionally, we are concerned that employers with fewer than 500 employees would be required to provide employees with 10 days of fully paid sick leave and provide up to 12 weeks of family leave at two-thirds pay. Although this legislation does permit the U.S. Department of Labor (DOL) Secretary to exempt small businesses with fewer than 50 employees from the paid leave requirements, the process to achieve such a waiver is ambiguous on how companies could apply or what process the DOL would use to evaluate requests. Placing this mandate on the backs of subcontractors in an uncertain economy would exacerbate a precarious situation for small employers already struggling to stay in business during these unprecedented times.
Even though FFCRA’s paid family and medical leave requirements sunset one year after enactment, many subcontractors already facing cash flow and supply chain issues simply cannot afford the cost of this new government mandate.
COVID-19 Resources Available from ASA National Sponsors
We would like to thank the ASA National Sponsors for doing their part to support the subcontracting community during these difficult times. Please click on the company name to be directed to their COVID-19 resources.