As they become available, the Idaho AGC will share COVID-19 related documents and resources here. Click the buttons to access the documents/links. Check back for updates and additions.
A construction site best practice guide from the Oregon AGC.
Rules for construction sites by the Salt Lake County Health Department. These are NOT in effect in Idaho, but are a good best practice companies might consider adopting voluntarily.
Information on SBA assistance.
The U.S. Department of Labor today released a temporary rule guiding how American workers and employers can use the new Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which were included in the Families First Coronavirus Response Act. The department’s Wage and Hour Division posted the temporary rule issuing regulations pursuant to this new law, effective today, April 1, 2020.
AGC has prepared a new analysis of the U.S. Small Business Administration’s Paycheck Protection Program, a new loan program enacted in the most-recent coronavirus relief measure under which small construction contractors businesses with 500 or fewer employees may be eligible.
There is no margin for error when it comes to protecting workers and the public from the coronavirus. That is why we urge you to download AGC of America’s new safety kit and follow all available guidance from the CDC and OSHA. All eyes are on our industry and we need to make sure everyone on job sites is following all relevant safety requirements.
Included is a memo from the City of Boise regarding Governor Little's Stay at Home Order Exemptions and the safety precautions that should be in place for those exempted and an accompanying "Precautionary Job Site Practices" document from the City of Boise specifically addressing job site inspections, social distancing on the site, and health, sanitation, and cleanliness.
Late Monday night, after pressure from AGC of America the U.S. Department of Treasury released new guidance about the Paycheck Protection Program loans. That guidance provides that a construction company can qualify for the new loan program if the company has 500 or fewer employees, even it if does not meet the small business size standard (which is an average annual revenue standard for most construction companies). At AGC’s request, one of Washington’s leading law firms, Crowell & Moring, has provided the association with the linked analysis of the latest guidance.
April 14: News release from the USDOL and updated OSHA information regarding OSHA enforcement guidelines.
Okland Construction's helpful Infographic for clients as a quick reference for information.
On April 15th, Governor Brad Little extended the Stay At Home Order. Here is the press release with the details.
Read the Idaho Business Review Article detailing the announcement at the button.
Governor Brad Little News Release: May 4, 2020
Gov. Little announces criteria, timelines for small businesses to apply for Idaho Rebound cash grants
Boise, Idaho – Governor Brad Little announced today the full eligibility criteria and process for small businesses to apply for an Idaho Rebound cash grant.
Governor Little announced last week that $300 million in cash grants will be made available to Idaho small businesses impacted by COVID-19.
No other state in the country is putting up more money in direct cash support for small businesses.
Cash grants of up to $10,000 will be directly deposited into the bank accounts for eligible businesses. More than 30,000 businesses could benefit.
The Governor’s Coronavirus Financial Advisory Committee finalized the eligibility criteria and related details.
Applications will be handled in two waves:
- Eligible entities with one to 19 employees may apply starting at noon MDT on May 11 through noon MDT on May 18
- Eligible entities with one to 50 employees may apply starting at noon MDT on May 18 through noon MDT on May 22
All applicants must first establish a secure Taxpayer Access Point (TAP) account if they do not already have one, in order to protect their personal and business information on submitted applications.
All eligibility criteria, information on how to apply along with instructions on how to gain a TAP account are available at https://rebound.idaho.gov/idaho-rebound-cash-grants-for-small-businesses/
Recipients of the grants will be shared at Transparent.Idaho.Gov when information is available.
Information and application guidelines.
COVID-19 Guidance for Seasonal Workers in Idaho
AGC Succeeds in Securing New Paycheck Protection Program Guidance from Treasury Department
May 13, 2020
The Treasury Department’s new Paycheck Protection Program guidance offers the kind of information we have been seeking to provide many employers with additional clarity on how to proceed with their loans. Importantly, the Department has opted to provide a safe harbor provision for firms that self-certified their need for loans that totaled less than $2 million. In addition, the new guidance provides a mechanism to allow firms that received loans of $2 million or more and are later found to have not met the Department’s need-standard to repay, seemingly without penalty, those loans.
While the new guidance is helpful, it does leave several important questions unanswered, including about the timing and condition of those possible loan repayments, as well as what criteria the SBA will use to determine if a loan should be repaid. AGC will continue to push Treasury officials to answer those questions as quickly as possible. That being said, today’s new guidance will clearly help save many jobs.
Here is the guidance:
46. Question: How will SBA review borrowers’ required good-faith certification concerning the necessity of their loan request?
Answer: When submitting a PPP application, all borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA, in consultation with the Department of the Treasury, has determined that the following safe harbor will apply to SBA’s review of PPP loans with respect to this issue: Any borrower that, together with its affiliates,20 received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.
SBA has determined that this safe harbor is appropriate because borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans. This safe harbor will also promote economic certainty as PPP borrowers with more limited resources endeavor to retain and rehire employees. In addition, given the large volume of PPP loans, this approach will enable SBA to conserve its finite audit resources and focus its reviews on larger loans, where the compliance effort may yield higher returns.
Importantly, borrowers with loans greater than $2 million that do not satisfy this safe harbor may still have an adequate basis for making the required good-faith certification, based on their individual circumstances in light of the language of the certification and SBA guidance. SBA has previously stated that all PPP loans in excess of $2 million, and other PPP loans as appropriate, will be subject to review by SBA for compliance with program requirements set forth in the PPP Interim Final Rules and in the Borrower Application Form. If SBA determines in the course of its review that a borrower lacked an adequate basis for the required certification concerning the necessity of the loan request, SBA will seek repayment of the outstanding PPP loan balance and will inform the lender that the borrower is not eli gible for loan forgiveness. If the borrower repays the loan after receiving notification from SBA, SBA will not pursue administrative enforcement or referrals to other agencies based on its determination with respect to the certification concerning necessity of the loan request. SBA’s determination concerning the certification regarding the necessity of the loan request will not affect SBA’s loan guarantee.21
Click HERE for the full list of questions and answers from the Treasury Department on PPP loans.