Yesterday, WG joined a coalition of more than 80 produce organizations from across the country in urging Secretary Sonny Perdue to establish a $5 billion Produce Market Stabilization Fund from the monies allocated to USDA in the recently-enacted CARES Act.

The letter to Secretary Perdue notes that: “Almost overnight, critical movement and economic activity in the fresh produce supply chain vanished as restaurants, food establishments, hospitality businesses and schools were shuttered, and the retail industry struggles to adjust… The entire fresh produce industry supply chain is reeling from this sudden and immediate shut down of an estimated 40% of all produce consumed in America.”

In response, the produce industry has proposed $5 billion for the following programs:

1. COVID-19 Stabilization Program for Growers: This program would be provided to growers who can identify economic losses related to COVID-19 emergency declaration through a defined covered period (March 1, 2020, through June 30, 2020).
2. COVID-19 Stabilization Program for PACA Licensed Produce Dealers: Verified losses by USDA would be used by banks to help assure continued lending, and losses would be covered through the fund.
3. Fresh Produce Purchase and Distribution Program: Coupled with existing USDA spending authority, including, but not limited to section 32, would be used to prioritize nutrient-dense fresh fruits and vegetables in feeding programs.

Additionally, the proposal acknowledges the need for Ongoing Assessment of COVID-19 Economic Impact, as there will likely be a need to expand the parameters of the COVID-19 response to address the full scope of costs that this pandemic has and will continue to impose on the produce supply chain, which will extend beyond direct sales losses and not be fully quantifiable within the existing covered period.

Click here to read the full Produce Market Stabilization Program proposal.

On Tuesday, Cal/OSHA issued guidance for agricultural employers on how to update their Injury and Illness Prevention Program (IIPP) to include preventing the spread of COVID-19 in the workplace. This guidance is now available in Spanish.

The COVID-19 Infection Prevention to Agricultural Employers and Employees guidance does not introduce any new legal obligations, but because COVID-19 is widespread in the community, most California workplaces must consider the disease a workplace hazard.

The guidance contains information, recommendations, and requirements for agricultural employers on:

• Employee training on COVID-19
• Procedures to help prevent the spread of COVID-19 at the worksite
• Procedures to increase physical distancing
• Good sanitation practices

Click to access the document in English and Spanish. 

On Friday, April 3, WG provided a webinar on what employers need to know to comply with the paid leave mandates in the Families First Coronavirus Response Act. The following topics were addressed during the webinar:

• Overview of FFCRA
• Emergency Paid Sick Leave Act
• Emergency Family and Medical Leave Expansion Act
• Tax Credits for Paid Sick and Paid Family Medical Leave

If you missed the webinar, you can access the recording here. Additionally, click here to access a copy of the PowerPoint presentation that accompanied the webinar.

Join us for a webinar on how COVID-19 will impact the upcoming California Leafy Greens Marketing Agreement audits and efforts during the 2020-21 season.

The webinar, which is hosted by LGMA, will address questions about how the LGMA will operate in the short term and provide important information about what leafy green growers can expect this year.

Topics addressed in the webinar include the following:

• How audits will look in the current COVID-19 climate
• The process that is in place to manage Metrics changes, what the LGMA has done, and how you can get involved
• Training resources and opportunities to look out for this year

Sonia Salas, WG’s assistant vice president of science & technology, will be among the speakers.

WEBINAR DETAILS

Date: Thursday, April 16, 2020

Time: 11:00 AM PDT

Register: CLICK HERE TO REGISTER

For questions, contact Sonia Salas at (949) 885-2251.

Effectively immediately, the State Compensation Insurance Fund (SCIF) will accept any claim by an essential worker for a diagnosed case of COVID-19. This is regardless of whether or not that worker can demonstrate the virus was contracted during the course of employment. The change directly affects all essential businesses who are insured with SCIF for their workers’ compensation.

According to an alert by Saqui Law Group, the diagnosis must include a confirmed positive test for COVID-19 and must occur during the period of time between when California Governor Gavin Newsom issued his Shelter-in-Place order (March 19, 2020) and before that order is lifted.

This change by SCIF comes as Governor Newsom is considering issuing an Executive Order mandating that all essential workers who are not sheltering-in-place and contract COVID-19 be covered by workers’ compensation, which would apply to agricultural employees. The EO would be devastating to agriculture, as the industry is already reeling from the widespread shelter-in-place orders, which has resulted in the virtual collapse of the foodservice sector and corollary challenges in the retail marketplace.

Western Growers Insurance Services (WGIS) suggests those who are insured with SCIF to adhere to usual workers’ compensation claim reporting requirements. This includes:

• informing any supervisor, foreperson or other person of authority of a work-related illness/injury should be considered notice of a potential claim;
• claims should be promptly reported to the insurance carrier;
• an employer should not discourage/disincentive reporting of a workers’ compensation claim; and
• employers should in no way discriminate against an employee who elects to file or pursue a workers’ compensation claim.

WGIS and Saqui Law Group are monitoring this development closely and will provide any updates here in Spotlight. For questions, contact WGIS Director of Risk Strategy Ken Cooper at (949) 413-8751.

As the temperature is expected to rapidly increase this week, many clients with outdoor operations are asking about how to comply with the obligation to adhere to Cal/OSHA’s high heat regulations and the social distancing recommendations relating to COVID-19. The Cal/OSHA high heat procedures are located here. Note that the high heat procedures kick in when the temperature “equals or exceeds 95 degrees Fahrenheit.” For agriculture, the high heat regulations state:

• When the temperature equals or exceeds 95 degrees, employers must provide one 10-minute “preventative cool-down rest period” every 2 hours. During the first 8 hours of a shift, the cool-down periods may be provided at the same time as the rest periods.
• If employees work longer than 8 hours, the employer must provide an additional 10-minute cool-down rest period every 2 hours. For example, if the shift extends beyond 8 hours, an additional rest period is required at the end of the 8th hour of work. If the shift extends beyond 10 hours, another is required at the end of the 10th hour.
• Employers must ensure that employees actually take the cool-down rest periods required under this section.
• Employers are required to provide additional breaks as soon as the temperature equals or exceeds 95 degrees. For example, even if the temperature does not reach 95 degrees until the last half of an 8-hour shift, the employer must ensure that employees take cool-down rest periods starting at the end of the 8th hour of work.

Cal/OSHA has also issued recommendations for dealing with COVID-19 here. The guidance includes suggestions for how to adhere to social distancing, which includes potentially staggering rest breaks and meal breaks, and providing additional seating and shade structures to allow employees to stay at least six feet apart. The guidance acknowledges that there is not a “one size fits all” approach that will work in each situation. Obviously, practices that would work in orchards may not work in row crops, for example. Therefore, it is important for employers to be able to show that they have actually contemplated how best to meet the intent of the guidance in their particular workplace.

Reprinted with permission of Patrick Moody, Barsamian & Moody

Due to the shortage of Personal Protective Equipment (PPE) during the current COVID-19 crisis, the Calif. Department of Pesticide Regulation (DPR) has compiled a list of respirators and exposure controls that offer the same or better protection for employees who are required to use N95 respirators. Additionally, DPR has provided glove safety tips for handling pesticides.

Click here to access DPR’s N95 Alternatives for Pesticide Handling guidance.

Click here to access DPR’s Glove Safety Tips.

Last Friday, a coalition of nearly 40 business groups sent a letter to Calif. Governor Gavin Newsom urging him to protect businesses providing critical services from lawsuits during the COVID-19 pandemic.

In partnership with the Civil Justice Association of California, the coalition asked the governor to expand the Emergency Services Act, which protects private entities from civil liability during times of crisis, to include all industry sectors that are providing “critical goods, services and facilities” during the pandemic.

“California businesses are in survival mode, yet they have stepped up in amazing and heroic ways to respond to the crisis,” the letter said. “They should not be punished with class actions and private rights of action that attempt to capitalize on this crisis. Our businesses and the economy cannot sustain further damage.”

The business groups want Newsom to issue an executive order to clarify and expand current immunity provisions to apply to all private entities providing critical services during the pandemic, according to the letter.

The coalition represents organizations from the agriculture, hospitality, health care, transportation, restaurant, pharmaceutical and other industries.

Click here to access the full letter.

For our members who are looking for vendors offering COVID-19 products, materials, or manufacturing services, check out the list of more than 1,000 suppliers on Thomas, a well-established industrial supply company.

The vendors listed can be easily searched by company type and location, locations served, quality certifications, and other types of certifications and registrations.

According to Thomas, the suppliers listed have gone through a thorough vetting process to confirm the legitimacy and availability of products and services. As always, we advise our members to do their own vetting of these suppliers.

Click here to access the list of COVID-19 product and service suppliers.

Congress and the Trump Administration have reached a deal on a $484 billion interim COVID-19 funding bill that will, in part, replenish the small business Paycheck Protection Program (PPP). The “Phase 3.5” relief bill was passed by the Senate today, with the House vote set to take place on Thursday.

Included in the bill is $322 billion for the PPP, with $60 billion earmarked for small lenders and community banks. Also, $60 billion in additional funds will be provided for Economic Injury Disaster Loans (EIDL), along with a provision allowing previously excluded agricultural businesses to participate.

EIDL are low-interest loans (3.75%) up to $2 million for small businesses (up to 500 employees) to cover accounts payable, fixed debts, payroll, and other bills due to COVID-19. You may get both an EIDL and a PPP loan, as long as they don’t pay for the same expenses. These loans are issued by the Small Business Administration (SBA).

Demand for the last round of PPP and EIDL far exceeded supply, with funding quickly running out for these first-come, first-served loan programs. Prior to final passage and implementation of Phase 3.5 funding, we encourage you to make your preparations now. Work with your lender to access the PPP. For the EIDL, you can apply directly to the SBA once the application process opens back up.