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 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)