Last Friday, April 24, we had record turnout for the first program in our webinar series with Foundation Software and we look forward to another great program this afternoon! This complimentary series provides guidance on critical issues impacting the construction industry.

You can listen to the recording and download the slides from last week’s topic and register for the next two in our series at the links below.

We hope you can join us!

Download the 4/24 RecordingMaking the Most of PPP Loans
Download the 4/24 Slides

Register for 4/29 WebinarHow to Document Delays, Count Costs and File Legal Claims Related to Coronavirus

Register for 5/6 Webinar – Safety First:  Employer Considerations, OSHA Guidelines, Illness Reporting and New Laws During the Coronavirus Pandemic

We had a great turnout for last week’s webinar with Intyllus Advisors discussing Employment Provisions of the FFCRA and the CARES Act.

To view the recorded webinar, please click here.

To download the slides, please click here.

Please tune in to our next webinar this Thursday, April 30, where we will discuss Making the Most of SBA Loans.  To register, please click here.

Ivan Golden and Ann Knuth, attorneys at Hahn Loeser & Parks LLP, along with Suhas Shah, partner with Intyllus Advisors join together for this three-part complimentary webinar series to review important guidance for companies impacted by the COVID-19 pandemic. To join, please register for EACH webinar individually via the links provided below.

Part 1: Employment Provisions of FFCRA and the CARES Act

Thursday, April 23, 1 p.m. ET
In this session, we will address:
  • Emergency paid sick leave and expanded paid family and medical leave;
  • Tips for employers for dealing with COVID-19, including how to handle employees who are sick, have been exposed to the virus, or do not want to come to work;
  • Employee retention credit; and
  • Payroll tax deferral


Part 2: Making the Most of SBA Loans

Thursday, April 30, 1 p.m. ET
In this session, we will discuss:
  • Allowable uses of PPP loan proceeds;
  • PPP loan forgiveness provisions, including what uses are, and are not, eligible for loan forgiveness; and
  • What happens to PPP loan proceeds that are not forgiven?


Part 3: A Review of the Main Street Lending Program

Thursday, May 7, 1 p.m. ET
In this third session, we will provide an overview of this Program, including:
  • Loan terms;
  • Who is eligible; and
  • How to apply


With many construction projects being deemed essential and with employees returning to construction sites, it is important to understand OSHA reporting requirements for cases of COVID-19. OSHA has issued interim guidance to its CSHOs regarding recording requirements for cases of COVID-19 as an occupational illness. To trigger these requirements, the case must meet three criteria: (1) the case is a confirmed case as defined by the CDC; (2) the case is work related; and (3) the case involves one or more of the general recording criteria set forth in 29 CFR §1904.7.

A confirmed case is one where the employee has at least one respiratory specimen that tested positive for SARS-CoV-2, the virus that causes COVID-19. CDC guidance on this topic can be found here.

Determining work-relatedness is, practically speaking, very difficult. The criteria for a case being work related are set forth in 29 CFR §1904.5. An illness is considered to be work related if “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” 29 CFR §1904.5(a). OSHA has provided additional guidance on determining “work relatedness” setting forth two circumstances that support a determinate that the illness is work related:

  1. 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
  2. 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.

We have recommended that clients maintain records from their own employees, and from subcontractors, confirming that there is daily testing for symptoms of COVID-19. The easiest test will be taking temperatures daily for all employees. Maintaining these records will help address these two circumstances as it constitutes “objective evidence” of whether an individual is exhibiting symptoms of COVID-19.

The recording criteria are set forth in 29 CFR § 1904.7. An employer must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. An employer must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

OSHA has confirmed that an employer’s focus should remain on enforcement of good hygiene protocols and mitigation efforts to prevent the spread of COVID-19 rather than on attempting to determine work-relatedness. The full memorandum issued to CSHO’s can be found here.

Hahn Loeser’s Construction Group is available to assist with this, and with any other OSHA issues that may arise on your projects.  If you have questions, please reach out to your primary contact at Hahn Loeser, or contact one of the attorneys listed below for more information.

For a PDF of this post, please click here.

Please visit our website for further guidance from our COVID-19 Response Team and to read our related Alerts.  To sign up to receive future COVID-19-related Alerts directly, please subscribe here.

On April 1, Steve Seasly, Kara Williams and Ivan Golden shared insight with members of the Construction Employers’ Association in a webinar that highlighted important guidance related to the Families First Coronavirus Response Act and the Paycheck Protection Program.  You can watch a recording of this webinar below.

COVID-19 Employer Considerations Webinar Link


On April 1, 2020, ODOT provided direction on enforcement of COVID-19 social distancing on ODOT projects.  The April 1, 2020 memo is linked HEREODOT project staff are directed to observe contractors’ work to confirm both six foot social distancing and look for visibly sick employees.  The memo directs ODOT project staff to notify the contractor of violations.  Most critical is ODOT acknowledges the need to resequence or temporarily suspend some work to comply with the order.  Contractors forced by the Stay at Home Order to resequence or suspend work should notify ODOT in strict accordance with CMS contract requirements, otherwise contractors risk waiver of their right to an increase in the contract time or price. 

New Plan Note Requires Inclusion of Some COVID-19 Delays

ODOT continues to sell additional work which may now include Proposal Note 095 – Potential Impacts and Delays Due to COVID-19, linked HERE.  Under PN 095, contractors are to include impacts they foresee due to the stay at home order in their bids.  PN 095 does permit a 30 day project extension under CMS 108.02.F, and if that is inadequate, the contractor can seek a termination for convenience.  Those bidding ODOT work now should carefully consider the COVID-19 virus in their estimates and bids. 



The Family and Medical Leave Expansion Act (“FMLA+”) and the Emergency Paid Sick Leave Expansion Act (“EPSLEA”), set to take effect on April 1st, authorize the Department of Labor (“DOL”) to issue regulations that exempt small businesses with fewer than 50 employees when providing leave would jeopardize the viability of the business as a going concern.

Read the full article here.