COVID-19 Updates

SMA is diligently staying informed about Coronavirus (COVID-19).  Over the past few weeks, we have seen COVID-19 change livelihoods and businesses at a rapid pace.  SMA is staying in contact with FSIS officials and labor law professionals to assist our members in any way possible.  Below you will find documents that SMA sent electronically to members.


FAQs

FSIS has developed a set of extensive Q&As covering a lot of issues surrounding COVID-19. Interested parties can access the list HERE.

Q: What is the agency’s expectations if an establishment employee tests positive? Should agency in-plant personnel be notified?

A: We expect the plants to follow all CDC guidance or guidance from state or county health departments regarding how long the employee should remain away from the work site, and regarding potential exposure to other plant employees. We would like the plant to notify the supervisor if the plant has an onsite supervisor, or the FLS or DM/DDM. We don’t need the employee’s name or any personal information due to HIPPA concerns, but we would want to know the position the employee worked so we can determine how likely it is that FSIS personnel may have been exposed.

Q: If an employee (or more than one) are found to be positive, would the agency expect any actions pertaining to products produced in the establishment?

A: To my knowledge, the agency is not planning to take any regulatory control action on products because plant employees have tested positive for COVID-19.

Q: How might that affect the assignment of inspection resources at the establishment?

A: FSIS will continue to provide inspection for plants that are operating and producing amenable products. We do expect the plants to take actions to minimize viral transmission among their employees as well as to our inspection personnel. Anything we can do to assist with social distancing and good hygiene practices let us know.

Q: Can a county health department of state government shut down an FSIS-regulated plant?

A: Yes, and FSIS will follow state and local health department decisions.

Q: If providing child care-related paid sick leave and expanded family and medical leave at my business with fewer than 50 employees would jeopardize the viability of my business as a going concern, how do I take advantage of the small business exemption?

A: To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations.


Resources

Labor Law

Paycheck Protection Program (PPP) Information Sheet: Borrowers provided by OFW Law (April, 7, 2020)

Disaster Loan Assistance: COVID-19 Economic Injury Disaster Loan Application for Small Businesses 

Treasury/SBA Assistance for Small Businesses Summary provided by OFW Law (March 31, 2020)

Food Industry Recommended Protocols When Employee/Customer Tests Positive for COVID-19 (March 22, 2020)

Field Assistance Bulletin No. 2020-1- Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA) (March 24, 2020)

Families First Coronavirus Response Act: Employee Paid Leave

Families First Coronavirus Response Act: Employer Paid Leave Requirements

Families First Coronavirus Response Act: Q&As

Employee Rights- Families First Coronavirus Poster

Family First Coronavirus Response Act Summary provided by David Barron of Cozen O’Connor (Effective April 2, 2020)

New Federal Paid Sick Leave Law and What It Means For Employers provided by Cozen O’Connor

COVID-19: Food Industry Update provided by OFW Law (March 19, 2020)

Coronavirus FAQs for Employers by Foley & Lardner LLP (updated March 6, 2020 and March 9, 2020)

Insight: Plan. Don’t Panic- 10 Things Employers Should Do To Deal With Coronavirus by Foley & Lardner LLP (March 10, 2020)

Medical Inquiries and Examinations Related to Coronavirus provided by David Barron & Debra Steiner Friedman of Cozen O’Connor

Food Safety

COVID-19: Food Industry Update provided by OFW Law (May 29, 2020)

COVID-19: Food Industry Call Summary provided by OFW Law (May 1, 2020)

COVID-19: Food Industry Call Summary provided by OFW Law (April 24, 2020)

COVID-19 FSIS Industry Call Summary provided by OFW Law (April 22, 2020)

COVID-19: FSIS Industry Call Summary provided by OFW Law (April 15, 2020)

COVID-19: Food Industry Update provided by OFW Law (April 10, 2020)

FSIS Notice 19-20: Use of Protective Face Coverings to Reduce the Spread of COVID-19

Food Safety and the Coronavirus Disease (COVID-19) Update provided by OFW Law (April 8, 2020)

COVID-19: Food Industry Update provided by OFW Law (April 3, 2020)

COVID-19: Food Industry Update provided by OFW Law (March 27, 2020)

COVID-19: Food Industry Update provided by OFW Law (March 19, 2020)

Food Quality & Safety – Advises all levels of quality and safety decision makers in the food industry on strategic and tactical approaches required in a rapidly changing food quality and safety market.

COVID-19 Update: Worker Health, Absenteeism Present Largest Risks to U.S. Food Supply Chain (March 15, 2020)

Six Misconceptions about Sanitizing and Disinfecting in Food Service (March 6, 2020)

Inspection Personnel

Notice to USDA Employees About Face Coverings to Help Slow the Spread of COVID-19 (April 4, 2020)

COVID-19: Food Industry Update provided by OFW Law (March 27, 2020)

USDA Guidance on COVID-19 Health Questionnaires provided by Dr. Philip Bronstein, Assistant Administrator USDA/FSIS (March 20, 2020)

USDA Resources

Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic (August 11, 2020)

USDA To Implement President Trump’s Executive Order On Meat And Poultry Processors (April 28, 2020)

USDA Food Safety YouTube Channel FSIS has released some new instructional videos on using the Public Health Information System (PHIS).

DHA and USDA Move to Protect American Farmers and Ensured Continued Flow of America’s Food Supply (April 15, 2020)

USDA COVID-19 Federal Rural Resource Guide

National Association of Manufacturers Supply Chain Teleconference with USDA Summary (April 10, 2020)

USDA Secretary Sonny Perdue’s Video Message to Producers

Agricultural Marketing Service (AMS) 

How to Become a USDA Food Vendor

USDA Food Box Distribution Program 

PRIME Act

H.R. 2859 Processing Revival and Intrastate Meat Exemption Act (PRIME Act) Introduced in House on May 21, 2019

Cooperative Interstate Shipment (CIS) Program

FSIS Leadership- Stakeholder Call Regarding Waiving Inspection Requirement summarized by OFW Law (May 13, 2020)

Labeling

Retail Sale of Foods Labeled for Foodservice and Postponement of Compliance Date for Revised Nutrition/Supplement Facts Panel Provided by OFW Law

COVID-19: Food Industry Update provided by OFW Law (March 27, 2020)

FSIS Constituent Update- Temporary Allowances for Labels Going to Retail 

Transportation

Expanded Emergency Declaration Under 48 CFR § 390.23 No. 2020-002 (Relating to COVID-19) provided by FMCSA (April 9, 2020)

U.S. Department of Transportation Emergency Declaration Concerning Shipment of Critical Goods During COVID-19 Outbreak provided by OFW Law (March 23, 2020)

FAQs Related to the Federal Motor Carrier Safety Agency (FMCSA) Emergency Declaration (Updated March 19, 2020)

COVID-19: Food Industry Update provided by OFW Law (March 19, 2020)

Sanitation

List N: Disinfectants for Use Against COVID-19 by EPA (updated March 19, 2020)

Small Business Efforts

Disaster Loan Assistance: COVID-19 Economic Injury Disaster Loan Application for Small Businesses

Employee Travel Exemption Letter

Government Administration Efforts

Update on Administration Efforts on COIVD-19 (May 12, 2020)

Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (April 28, 2020)

Executive Order Summary provided by OFW Law (April 29, 2020)

USDA To Implement President Trump’s Executive Order On Meat And Poultry Processors (April 28, 2020)

OFW Law Daily COVID-19 News Conference Summary (April 23, 2020)

OFW Law Daily COVID-19 News Conference Summary (April 21, 2020)

OFW Law Daily COVID-19 News Conference Summary (April 14, 2020)

OFW Law Daily COVID-19 News Conference Summary (April 13, 2020)

OFW Law Daily COVID-19 News Conference Summary  (April 9, 2020)

All You Wanted To Know About Those Tax Stimulus Checks But Were Afraid To Ask

OFW Law Daily COVID-19 News Conference Summary (March 24, 2020)

OFW Law Second Cybersecurity and Infrastructure Security Agency (CISA) Broad Stakeholder Conference Call Summary (March 24, 2020)

Update on Administration Efforts on COVID-19 (March 24, 2020) summarized by OFW Law

OFW Law Daily COVID-19 News Conference Summary (March 23, 2020)

OFW Law Daily COVID-19 News Conference Summary (March 22, 2020)

OFW Law Daily COVID-19 News Conference Summary (March 21, 2020)

Update on Administration Efforts on COVID-19 (March 20, 2020) summarized by OFW Law

White House COVID-19 Update (March 20, 2020)  summarized by OFW Law

United States Trade Representative Response to Coronavirus Crisis (March 20, 2020) summarized by OFW Law

OSHA & CDC Efforts 

Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic (August 11, 2020)

Meat and Poultry Packing Industry Interim Guidance from CDC and OSHA Checklist (Version 2) provided by NAMI (May 6, 2020)

COVID-19 Among Workers in Meat and Poultry Processing Facilities- 19 states, April 2020 provided by the CDC (May 1, 2020)

Statement of Enforcement Policy Regarding Meat and Poultry Processing Facilities provided by OSHA & CDC (April 28, 2020)

CDC and OSHA Interim Guidance: Meat and Poultry Processing Workers and Employers Summary by OFW Law (April 27, 2020)

Guidance for Meat and Poultry Processing Workers and Employers provided by the CDC and OSHA (April 26, 2020)

Interim Enforcement Response Plan for Coronavirus Disease (COVID-19) from OSHA (April 13, 2020)

OSHA Guidance for Preparing Workplaces for COVID-19

Additional Resources

Business and Infrastructure Partners Call on COVID-19- FEMA’s OB31 (April 10, 2020)

Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 provided by CDC (April 8, 2020)

President’s Coronavirus Guidelines for America — 30 Days to Slow the Spread of Coronavirus


Other Agencies / Entities

Center for Disease Control (CDC) COVID-19 information webpage

Department of Labor (DOL) COVID-19 information webpage

Occupational Safety and Health Administration (OSHA) COVID-19 information webpage

United States Department of Agriculture (USDA) COVID-19 information webpage

United States Food & Drug Administration (FDA) COVID-19 information webpage