The Library

On April 10, 2020, OSHA issued a memorandum offering interim guidance to its safety and health officers for enforcing the requirements for the recording of occupational illness related to coronavirus. In this memorandum, OSHA confirmed that COVID-19 is a recordable illness under OSHA’s record keeping requirements. If an employee tests positive for coronavirus, it is a recordable illness if it is “work related” and it involves one or more of the general recording criteria (medical care beyond first aid, days away from work, etc.). Employers in healthcare industry, emergency response (emergency medical, firefighting, law enforcement) and correctional institutions must make […]

Small businesses are jumping at the opportunity to obtain loans under the Federal Paycheck Protection Program (PPP). The CARES Act provides $349 Billion for PPP loans, and the Trump administration had requested an additional $250 Billion in funding to the support the program. As of April 7, lenders had already lent $70 Billion of the funds committed to the program. However, there was some initial confusion concerning which businesses qualify for PPP loans. Under the SBA’s initial guidance, there was confusion as to whether small businesses needed to have less than 500 employees and meet any applicable revenue caps to […]

On April 8, 2020, Director Robert Redfield announced at a White House press briefing that the CDC was modifying it previous Guidance in order to allow workers in Critical Infrastructure businesses who had been exposed to the coronavirus to return to work if they did not have symptoms of the illness.  Prior guidance had been that any worker exposed to someone who tested positive for COVID-19 should self-quarantine for fourteen (14) days. The new Guidance can be found here, and the CDC has also issued a pdf summarizing this new approach for some workers. Director Redfield made clear this change […]

On April 9, 2020, more than 500 contractors and 31,000 employees participated in a Safety Stand Down supported by the AGC of America. The purpose of the Safety Stand Down was to provide these employers the opportunity to focus upon the coronavirus related health and safety measures in work places and on jobsites. As Brain Turmail, a spokesman for the AGC of America put it “You need to appreciate that your ability to continue operating construction projects is dependent upon ensuring that you are protecting your workers and, through that, protecting the public from the spread of the coronavirus. There’s […]

The COVID-19 crisis has affected virtually every aspect of business throughout the world, and the insurance industry is no exception. Quarantines, government ordered shutdowns and restrictions, sick employees and sick customers are just a few of the occurrences that will lead business owners, sooner or later, to ask “Do I have coverage for that?” As is true virtually every other time that question is asked, the answer is, “It depends.” There are two primary factors that control the answer: (1) the specific facts of your particular situation and (2) the specific language of your policy. This renders the making of […]

While Virginians are living under Governor Northam’s executive orders, staying home and limiting unnecessary contact with others, Virginia construction projects are proceeding. With the progress on these projects, deadlines for perfecting and enforcing mechanic’s liens remain. The question then arises whether the recent orders by the Supreme Court of Virginia affect the deadlines for perfecting and/or enforcing mechanic’s liens. Having reviewed these orders, we recommend that contractors, subcontractors, and material suppliers proceed to record and enforce their mechanic’s liens as normal. Better to be safe than to risk losing the benefit of a lien. As a bit of background, on […]

Initial Guidance and Form Application published by Department of Treasury and the Small Business Administration Late on Tuesday, March 31, 2020, the Department of Treasury and the Small Business Administration issued initial guidance related to the Paycheck Protection Program. Included in this guidance is the form application for borrowers to use when applying for a covered loan under the Paycheck Protection Program. When can borrowers begin to apply for Paycheck Protection Program covered loans? The guidance from the Department of Treasury states that lenders participating in the Paycheck Protection Program will begin processing loan applications as soon as this Friday, […]