CARES Act State
Resources
Safety, Health
& Environmental
Resources
Human
Resources

Advocacy

Federal
Resources
Webinars How You
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Additional
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Organization
Resources

 

 

AGCVA is continuing to monitor the COVID-19 outbreak and provide members with industry updates. 


CARES Act 

Maintaining a Culture of CARE During COVID-19
April 16th.  AGC recognizes the serious toll the pandemic has taken on the mental and emotional wellbeing of workers, both professionally and personally. While companies have focused on keeping their workers physically safe, it is equally important to make sure employees have access to the resources they need.  Read More 
 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act: An Analysis for the Construction Industry
On March 30, the U.S. Senate passed the largest economic aid package in our nation’s history. Coronavirus Aid, Relief, and Economic Security (CARES) Act passed the Senate and is expected to be approved by the House and signed into law.  Read more … 


AGC Working to Fix Flaw in Paycheck Protection Program Qualifications that Appears to Exclude Many Construction Firms 
On March 27, the president signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act1 into law. Section 1102 of the CARES Act establishes the Paycheck Protection Program.  Read more … 


Updated AGCA CARES Act Analysishere
As it applied to small business eligibility for the new SBA loan program. 
A business is eligible for such a loan if it employs 500 employees or fewer, or if the business is in an industry that has an employee-based size standard through SBA that is higher than 500 employees. Under SBA size standards, construction contractor firms are generally defined as a small business according to their gross receipts (see Sector 23: Construction on linked website), not their number of employees. As such, AGC assumes and has asked the SBA to make clear in guidance that construction contractor firms whose small business size standard is determined by gross receipts should simply determine if it has 500 employees or fewer to qualify for these loans. Construction supplies and manufacturers have small business size standards that are generally defined by the number of employees the firms employ. 


CARES Act
Small Business Paycheck Protection Program and Loan Forgiveness
Gentry Locke, Partner, Christen Church has written an excellent summary of the payroll and loan forgiveness portion of the CARES Act, the new Coronavirus legislation that has passed the Senate and is now before the House.  Here is the summary 

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State Resources

Local Inspection Offices
Find out the status of local Inspection Offices – here  


Status in Virginia
Governor Ralph Northam declared a state of emergency in response to COVID-19. The Governor has also outlined these additional measures to ensure the health and safety of all Virginians.  Status in Virginia 


DOLI Resources

DOLI and Virginia Department of Health Notification Portal to Report COVID-19 Cases

DOLI/VOSH COVID-19 FAQ Sheet

DOLI COVID-19 Training Materials(multi-language)

DOLI COVID-19 Training and Reporting Resources

CDC Mental Health Tools

Proposed Permanent Standard for Infectious Disease Prevention for COVID-19


Virginia Adopts First-in-the-Nation Workplace Safety Standards for COVID-19 Pandemic 
July 18th.  The Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to approve an Emergency Temporary Standard for Infectious Disease Prevention after Governor Northam directed the creation of enforceable regulations back in May. These temporary emergency standards are being released to the public and will remain in effect for six months, at which time, they can be made permanent through the process defined in state law.


OSHA changes course again … issues NEW guidance on recording cases effective May 26
The Occupational Safety and Health Administration (OSHA) issued their latest guidance on recording cases of COVID-19 in the workplace and interim enforcement response plan. The enforcement memos will become effective on May 26, 2020 and rescinds both previously issued memos on each topic.
Under the new recordkeeping policy (see HERE), OSHA will enforce the recordkeeping requirements for employee coronavirus illnesses for all employers. However, the agency continues to acknowledge that in many instances it remains difficult to determine whether a coronavirus illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. Read more HERE.


Anthem’s members receive COVID-19 treatment at no cost
April 1st.  We know these are challenging times, and want you to know that Anthem remains deeply committed to supporting you and the communities we serve as we join together as a nation to weather this health crisis. This is why we’re focused on addressing critical issues that need attention now, including affordability and access.
We’re taking unprecedented action to eliminate your employees’ cost shares if they receive treatment for COVID-19 from doctors, hospitals, and other health care professionals from April 1 through May 31, 2020. Their COVID-19 testing is covered, too. They’ll also pay nothing if they have a telehealth visit with a doctor in their plan through June 14, 2020.


Essential Tools for Your Jobsite
The first priority on our jobsites: Safety. Our industry has built a culture around the health and safety of our employees. Our goal is for every employee to return home safely to their family every night. The work we do is complex and challenging, but necessary for our society to function. Without a healthy and safe workforce, our work cannot be done.

Advocating for construction’s continued classification as an essential service isn’t a decision we take lightly. It comes from consultation with members from our Board of Directors, our Safety Directors, and individuals like you. We have heard from members on both sides of this issue. That decision also comes with the knowledge that keeping employees and job sites safe is paramount during this time of crisis and as we move forward. Most important, you need to make the decision to operate daily and case by case situation.  The public is watching every jobsite and your teams need to as well. Attached are two updated documents:  


VDOT Contracting Community Letter
While the current new coronavirus COVID-19 situation is dynamic and unpredictable, VDOT at this time is committed to sustaining the momentum of our construction, maintenance and consultant engineering programs. VDOT and our industry partners are emphasizing the health and safety of employees, while taking steps to minimize short and long-term impacts to the program.


SBA Economic Injury Disaster Loans
Under provisions of Title 13 C.F.R. Part 123.3, I respectfully request that the Administrator of the U.S. Small Business Administration (SBA) implement a Small Business Administrative declaration to provide assistance in the form of SBA Economic Injury Disaster Loans for the following list of counties and cities in the Commonwealth of Virginia beginning January 31, 2020, and ongoing.

Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) assistance to small businesses will lessen the economic burden business-owners face and improve the economic recovery outlook for the Commonwealth. Read more … 


Hampton Roads Workforce Council / Greater Peninsula Workforce Board
Opportunity for COVID-19 Funding Assistance for Small Business
The Hampton Roads Workforce Council and Greater Peninsula Workforce Board have received Rapid Response funding from the Governor, through the Workforce Innovation and Opportunity Act, to assist employers eligible to remain open during this emergency. Funds are reserved for small businesses (250 employers or less) and may be used to clean facilities and support emergency needs.

Grants Information Sheet Support Application Assurances & Certificates

Questionnaire for Employers Proactive Measures for Addressing COVID-19 – here
March 26th.  Employers should ask the following questions to all employees, visitors prior to allowing access to the workplace and/or jobsite.

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Safety, Health & Environmental Resources

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Human Resources 

AGC Puts Forth Construction Firm Liability & Workers Comp. Protections
Protect Good Actor Construction Firms and the Viability of Workers Compensation System 
On June 4, AGC provided key members of Congress with its recommendations  and white paper detailing construction employer COVID-19 liability protections and unreasonable workers compensation burdens. Among other things, AGC called for Congress to:

  • Assure low exposure risk businesses, like construction firms, that they will not face suits if they reasonably comply with relevant guidelines during the crisis and after reopening;
  • Limit claims alleging COVID-19 exposure in the course of the provision of lawful business to situations of gross negligence, willful misconduct, intentional criminal misconduct, or intentional infliction of harm; and
  • Bar states from enacting workers compensation claim presumptions that irrationally treat all job classifications the same – or at equal risk of exposure to COVID-19 – because higher risk jobs, like healthcare or morgue workers, are inherently different from lower risk construction jobs.

Without such legislative action, it will be more difficult for the construction industry to help stem the tide of job losses and build the path to economic recovery.  That is why these protections are a top priority for AGC and its members.


Family and Medical Leave Act – Questions & Answers 
Clarification on which employees are eligible to take sick leave, or leave, to care for a family member, when an employer must grant leave, legal responsibilities for employers and more.

Emergency FMLA rules go into effect April 1, 2020Poster Here 

Temporary Rule: Paid Leave under the Families First Coronavirus Response Act
On April 1, 2020, the U.S. Department of Labor announced new action 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). 

Interested in joining AGC’s Human Resources e-forum? Click Here 

Federal Labor, HR, and Paid Leave Impacts from AGC of America View Here 

Furlough, Layoff, Reduction In Force Resource Guide 
Reducing staff is a difficult process that some businesses may have to face from time to time. There are several steps that apply regardless of the type of staff reduction that is needed. Below are basic compliance components to review prior to finalizing the organization’s decisions. The steps below are outlined in the order that will provide the least amount of re-work. If possible and timing may not allow for this, include employees in a discussion about options for reduction to reduce. At times, employees are willing to work reduced schedules or have other excellent ideas that can help the organization meet the needed change. 

How the construction industry is working to protect construction workers
and the public from the spread of the coronavirus 
April 21st.  Construction contractors understand that the only way to work amid the current pandemic is to work safely  Learn more … 

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Advocacy

AGCVA Webinar:  Legislative Session Impact on Construction – (MEMBERS ONLY) – view here 
On March 25, 2020.  The Virginia Legislature made significant changes for contractors and business in general. Log in to hear from Preston Bryant, AGCVA Lobbyist with McGuire Woods Consulting and Gordon Dixon, AGCVA CEO.  AGCVA members sent over 2,000 messages to legislators on key issues: Statute of Limitations, Project Labor Agreements, Minimum Wage changes and more. 


Tell the President & Congress That Construction Is Essential
On March 23, 2020 – Tell President Trump and Congress to treat the construction industry and the work it performs as vital and essential to the critical industries that must remain in operation to respond to this pandemic and crises to come. To ensure this is the case, the federal government must issue guidance classifying construction as a critical infrastructure industry whose workers are essential.  TAKE ACTION!


Letter to Governor Northam “Construction is Essential” – read more 
On March 22, 2020 – Members of the Virginia construction industry are committed to the health, safety and welfare of our workforce and the public. We write to you today to ask you to treat construction as an essential service for the state and refrain from any action to curtail ongoing construction projects.

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Federal Resources

PPP Loan Forgiveness Application Released, Final Rules on Loan Forgiveness Still Outstanding  –  Application Here
May 21.  The U.S. Small Business Administration (SBA) and Department of the Treasury released the Paycheck Protection Program loan forgiveness application late. The application includes step-by-step instructions on how to perform the mechanical calculations required by the CARES Act to confirm eligibility for loan forgiveness. However, the SBA has not yet released regulations and guidance on loan forgiveness that will ultimately impact how borrowers complete the application in a more educated manner.  Read More …

Congress & SBA Work on AGC-Backed PPP Loan Fixes, Imminent Votes in House and Senate on Fixes
May 21.  AGC continues to lead efforts—both legislative and regulatory—to bring needed flexibilities to the terms of the Paycheck Protection Program for the construction industry. In the House of Representatives, AGC is working with Reps. Dean Phillips (D-Minn.) and Chip Roy (R-Tex.) to advance their bipartisan legislation that would: (1) allow loan forgiveness for expenses from 8 to 24 weeks; (2) strike the restrictive 75%/25% rule on loan proceed use; (3) expand loan terms beyond two years; (4) ensure full access to payroll tax deferment for businesses that take PPP loans, and (5) extending the June 30, 2020 rehiring deadline to respond to the workforce effects of enhanced Unemployment Insurance.

Recap of Current Construction Business Conditions 
AGC has prepared a packet of information to help document current market conditions that helped influence many firms’ decisions to apply for Paycheck Protection Program loans. The intent of this packet is to provide a snapshot of media coverage starting on March 27 – the launch of the initial round of Paycheck Protection Program loans – covering topics like declining demand, growing layoffs and general worries about market conditions for the construction industry. Please see packet HERE.

If you feel it appropriate, please consider including this packet of material in the records you retain relating to your application for a Paycheck Protection Program loan. This packet should provide an overview of the nationwide market conditions the industry faced when firms opted to apply for the loans.

AGC Calls for Clarity of PPP Guidance 
April 29, AGC called on the Secretary of the Treasury to provide more clarity regarding its recent guidance warning firms of future audits and potential legal risks for companies that apply for loans. AGC is having discussions with key Administration officials on the impacts this guidance has had and ways it can be addressed. As this has created quite a bit of confusion, AGC sought to provide clarity to members through its ConstructorCast Coronavirus Special Report, which you can watch or listen to.
On April 23, the U.S. Small Business Administration (SBA) and Department of the Treasury issued new guidance (see question #31) that puts Paycheck Protection Program (PPP) borrowers and potential borrowers on notice that they should be able to prove in “good faith” that “[c]urrent economic uncertainty makes this loan request necessary to support [their] ongoing operations” to be eligible for the loan.  This appears to be a warning to PPP borrowers of the possibility of federal audits and investigations to come. The guidance goes on to state that any “borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020, will be deemed by SBA to have made the required certification in good faith.” Read More …

SURVEY RESULTS: Contractors report receiving PPP loans
Quick receipt of Paycheck Protection Program loans may be helping contractors retain or add staff, despite mounting project cancellations. A survey that AGC conducted online April 20-23 drew 849 respondents. Of the 741 who answered a question about PPP loans, 74% reported applying for a loan: 44% had received funds, 15% had been approved but had not received funds, 8% were awaiting an answer, and 7% had applied but had been told no more funds were available. View Survey …

Federal Reserve Announces New Lending Programs
April 16th.  On April 9, the Federal Reserve announced additional actions that include a new mid-sized lending program coming out of the Economic Stabilization Fund, as provided for in the CARES Act. The Fed created two new lending programs for businesses – the Main Street New Loan Facility and the Main Street.  Read More 
 
Urgent: AGC Action Alert on SBA Loans
April 16th.  AGC is asking all members to call on the Trump Administration and Congress to provide more funds to and simplify construction firm eligibility for the U.S. Small Business Administration’s (SBA) Paycheck Protection Program (PPP) loans. On April 16, the SBA announced it lent all funds—$349 billion.  Read More
 

Department of Defense Guidance on the Use of Cloth Face Coverings
April 5th. The Department of Defense (DoD) is committed to taking every precaution to ensure the health and wellbeing of our Service members, DoD civilian employees, families, and the Nation in response to the Coronavirus Disease 2019 (COVID-19) pandemic. DoD supports, and will continue to implement, all measures necessary to mitigate risks to the spread of the disease, consistent with the Department’s priorities to protect our people, safeguard our national security capabilities, and support the government’s whole-of-nation response. read more …  

Instructions:  How to wear and create a homemade cloth face covering


Latest SBA Paycheck Protection Program
April 2nd.  The U.S. Small Business Administration (SBA) and the U.S. Department of the Treasury have released new information concerning the Paycheck Protection Program, a new loan program enacted in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. 


Withholds and Retentions During COVID-19
Recently released memos from the Assistant Secretary of the Navy.  Given the National Security Declaration by the President, it is imperative we keep the Nation’s, and the Navy’s, defense industrial base from going into extremis during the current COVID-19 crisis. A key element of this is to ensure companies, and in particular the underlying suppliers, remain solvent and available to support the Navy. Read the full letter to learn more about the directives regarding REAs, UCAs, and more.


Department of LaborThe U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today published “Guidance on Preparing Workplaces for COVID-19” to help companies respond in the event of coronavirus in the workplace. The guidance was developed in collaboration with the U.S. Department of Health & Human Services (HHS). 


EPA: Disinfectants for Use Against COVID-1
List N includes products that meet EPA’s criteria for use against SARS-CoV-2, the novel coronavirus that causes the disease COVID-19.


Environmental Cleaning and Disinfection Recommendations
Interim Recommendations for US Community Facilities with Suspected/Confirmed Coronavirus Disease 2019
There is much to learn about the novel coronavirus that causes coronavirus disease 2019 (COVID-19). Based on what is currently known about the virus, spread from person-to-person happens most frequently among close contacts (within about 6 feet).


Paid Leave Mandates Summary

President Trump signed into law new paid leave mandates that will take effect on April 2, 2020, and sunset on December 31, 2020. Nearly 7,000 AGC members from around the nation sent about 14,000 emails to their U.S. Senators in opposition to these mandates—the highest grassroots engagement on any issue we have seen in at least a decade. Thank you all for your efforts in pushing those action alerts.

Please find a summary of the mandates HERE

There remains opportunity to make improvements to these new mandates, as the Senate considers a third COVID-19 relief bill, with rumors of a fourth on the horizon. AGC of America will continue to press for avenues to make such improvements via legislative and regulatory means.  

With this new bill under consideration, AGC of America will also be pushing for expedited public owner payments to contractors for losses associated with COVID-19-related project impacts to keep cash flows going, robust investments in infrastructure funding, and the protection of multiemployer pension plans, their participants, retirees and contributing employers—among other policy objectives. 

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Webinars

Construction Law 3-Part Zoom Series: Building in a New Normal  Members Only – view here
The law firm of Miles & Stockbridge is pleased to partner with Associated General Contractors of Virginia on an exciting new webinar series developed to help provide some insight and possible ways forward as we navigate these unprecedented times together.
Part 1:  Keep the Project Going: Helping Employees Work Safely on the Jobsite & Avoid Delay 
Part 2: New Virginia Construction Statute: General Contractors Can Be Liable to Pay Subcontractor
Part 3: Post-COVID Planning: PPP Loan Audits & Investigations, Mitigation Strategies to Protect Against Bankruptcy & Collections  


AGC Calls for Clarity of PPP Guidance   Slides | Recording Here
AGC has a pair of webinars on this and other questions regarding the Paycheck Protection Program: 
May 6th  |  Paycheck Protection Program: Key Updates and Developments in the Ground Rules of the Program 
May 7th  |  Paycheck Protection Program: Preparing Your Business Today for Audits, Oversight, and Agency Enforcement and Whistle Blower Actions Tomorrow


Navigating the Crisis: Essential Next Steps for Contractors COVID-19 Insights 
April 28th. PBMares and AGCVA teamed up to provide insights and practical next steps as you navigate the COVID-19 crisis. In this webinar, our team provides the mission-critical next steps you must take to gain your footing in this uncertain environment.
Members Only – view here 


WEBINAR  OSHA/VOSH Compliance Best Practices & Enforcement in COVID-19 Era
Tuesday, April 14, 2020 at 2:00 pm to 3:00 pm
Presented by:  Courtney M. Malveaux, Attorney at Law, Jackson Lewis P.C.​  
Members Only – view here 

The Coronavirus pandemic has changed the way OSHA and VOSH enforce workplace safety and health, and it is changing best practices almost daily. Join Courtney Malveaux, Virginia’s immediate past Labor Commissioner and an attorney who represents employers in OSHA and VOSH matters, in an interactive discussion on how to get ahead in this time of rapid change.

Topics: Recording and reporting requirements; Best practices for workplace safety and health; Changes in OSHA/VOSH enforcement; OSHA guidance on use of respirators and personal protective equipment


Maintaining Cash Flow During the COVID-19 Crisis:
An Overview of New Federal Support Programs & Practical Advice for Contractors –view here 
April 8, 2020. This webinar will provide an overview of how construction firms can take advantage of recent federal programs created to support businesses during the COVID-19 crisis, including the new Small Business Administration (SBA) Paycheck Protection Program and revisions to the Economic Injury Disaster Loan program, as well as some tax relief and tax deferral programs created in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The presenters will provide important information about the qualification rules for the SBA loan programs, such as affiliation and how a company’s employees are counted. Additionally, the presenters will provide contractors with practical steps they can take to address cash flow issues in the current environment. 


National AGC 8-part Webinar Series   
AGC Webinar on Protecting Your People & Your Projects [RecordingSlides
“Factors that Construction Companies Need to Consider, as They Strive for Business Continuity” 
Monday, March 23 – Wednesday, April 1, 2020  /  2:00 PM – 3:30 PM 
We recognize your business is at risk and want to position you for the best advantage.


AGCVA Webinar:  Legislative Session Impact on Construction – (MEMBERS ONLY) – view here 
On March 25, 2020.  The Virginia Legislature made significant changes for contractors and business in general. Log in to hear from Preston Bryant, AGCVA Lobbyist with McGuire Woods Consulting and Gordon Dixon, AGCVA CEO.  AGCVA members sent over 2,000 messages to legislators on key issues: Statute of Limitations, Project Labor Agreements, Minimum Wage changes and more.

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How You Can Help 

Call Out to Members Donate Supplies for Local Hospitals
The Virginia Hospital & Healthcare Association is leading the hospital response to COVID-19 in conjunction with the Virginia Department of Health, and working to increase supplies for testing and protection of health care workers. I am writing to see if any of your member organizations might have access to appropriate supplies and consider donating to Virginia’s hospitals. Items most needed include:  Nasal Swabs; Surgical masks; N95 Respirators; Protective Gowns; Face shields; Protective eye wear/goggles; Disposable gloves – sterile and non-sterile; Hand sanitizer; Bleach cleaning wipes 
If you can help, contact VSAE Board Member Tracey van Marcke at tvanmarcke@vhha.com 


Guidance from Brown Edwards & Co LLP
Dear Clients and Business Associates, We appreciate all of you that seek and value our support and guidance. COVID-19 is the type of unpredictable event that has the ability to change the direction of our nation and economy suddenly. How long and how significantly it will impact our businesses, our employees, and our personal lives is uncertain. We have each fielded questions from our clients learn more … 


Recommended Practices for Construction Jobsites – here
Personal Responsibilities; Social Distancing; Jobsite / Office Practices; Managing Sick Employees; Government & Vender Resources


Message from AGCVA CEOhere 

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Additional Resources 

Materials for Jobsites (English) 


Materials for Jobsite (Spanish)


SAFETY TIPS: Keep Workers Safe, Keep Construction Going
Coronavirus safety tips, focusing on how to respond to a suspected or confirmed case of COVID, see safety tip HERE. With many states opening up it is more important than ever to make sure the industry is doing its part to prevent the spread of the coronavirus.


Project Slowdown/Shutdown Guidance


Situation Flow Diagram Company Template
A new tool for your teams is the COVID-19 flow down charts, which outlines how companies should respond to confirmed and presumed cases of COVID-19 on the jobsite or in an office. This template Word document can be customized for your company and should be shared across your teams. 


CARES Act Small Business Paycheck Protection Program and Loan Forgiveness
Gentry Locke, Partner, Christen Church has written an excellent summary of the payroll and loan forgiveness portion of the CARES Act, the new Coronavirus legislation that has passed the Senate and is now before the House.  


Organization Resources

COVID-19 Best Practices for Construction Jobsites 


Coronavirus Survey Results    View Survey | Watch Video
AGC calls for measures to rebuild the economy as the 7th edition of our survey finds 69 percent of firms report having projects canceled since the start of the pandemic. Among the measures we are calling for are new infrastructure investments, liability protections for contractors and an extension of the Paycheck Protection Program. Association officials also urged Congress to avoid extending unemployment supplements, noting that 43 percent of respondents who recalled employees reported having some who refused to return to work because of the benefits. 

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