博客存档

A Note on Iowa DNR and COVID-19

3/26/2020

The Iowa Department of Natural Resources is working with state and local officials to reduce the spread of COVID-19 and has transitioned employees to work remotely. DNR offices are closed to the public during this time and only available by appointment.

In another effort to further reduce the spread of COVID-19, the DNR is encouraging the use of the online services for submitting applications, payments and other daily tasks and interaction with DNR staff.

Full list of DNR’s online services:
https://www.iowadnr.gov/about-dnr/about-dnr/online-services-databases

Up-to-date information on DNR services, facilities and events impacted by COVID-19:
https://www.iowadnr.gov/About-DNR/Covid-19

Technical information for regulated businesses in regards to COVID-19:
https://www.iowadnr.gov/About-DNR/Social-Media-Press-Room/Disaster-Assistance#3057321-covid---19-outbreak

We thank you for your patience and flexibility during this time. If you need to contact DNR staff you can reach them by email or phone or by calling 515-725-8200.

IAMU Webinars to Address Key Broadband Issues

3/26/2020

It was obviously a disappointment that we had to cancel the IAMU Broadband Conference this month. We are working with the hotel to reschedule the conference, hopefully late this fall. Stay tuned!

In the meantime, we have decided to present two of the planned conference sessions as webinars, and we'd love to have you participate! These webinars are free of charge and do not require pre-registration. We will also be recording them for people who could not join us live.

"Regulatory Compliance Review"
Thursday, April 2, 2020
2:00pm
https://zoom.us/j/644074462

Jim Baller of Baller Stokes Lide PC will review the annual regulatory requirements that all telecommunications companies should be aware of, including the new "Truth-In-Billing" requirements that are set to go into effect this summer. Curtis Dean of IAMU/SmartSource Consulting will moderate the discussion. In addition to Jim's presentation you will also be able to text in your questions to (515) 236-5075 or use the chat function in the Zoom webinar platform.

"Retransmission Consent 2020"
Thursday, April 16, 2020
10:00am
https://zoom.us/j/442902618

The next round of retransmission consent negotiations at the end of 2020 could be the most painful yet. TV stations are expected to ask for big increases in the fees they charge cable operators while continuing to crowd their broadcast frequency with digital subchannels of questionable value.

During this webinar, Curtis Dean will discuss the upcoming round of negotiations with Jean Edhlund, Video Products Partner with Cooperative Network Services in Minnesota. Jean is a familar name for many of us, having served as the primary contact for Fox Sports Networks for many years.

The webinar is open to up to 100 participants on a first-come, first served basis. You will be able to log in the webinar waiting room up to 15 minutes before the start time to ensure a spot.

Feel free to share this email with anyone in your organization that we may have missed.

Please contact Curtis Dean with any questions, (515) 650-0251 or [email protected].

Use of Half-Mask Respirators

3/25/2020

Over the past couple of days I have had several members asking about the feasibility of wearing half-mask respirators for protection against CoVid while picking up garbage, working at the wastewater plants and near lagoons and reading meters. Most do not have filtering face pieces, or commonly known as dust masks, available. Filtering face pieces, when worn properly, provide good respiratory protection against certain sizes of particulates. While OSHA’s respiratory protection standard (1910.134) does allow half masks to be worn on a voluntary basis, it requires the employee to be medically cleared before they are used. The filtering face piece type does not require that clearance because it does not tax the pulmonary system like a half mask. The questionnaire for the medical evaluation is Appendix C of 1910.134; this questionnaire is to be completed by the employee and a licensed health care provider will use this document to evaluate the employee’s capability to use the respirator. The employer must also provide the employee with Appendix D of 1910.134 when allowing the employee to wear respiratory protection on a voluntary basis. If you have any questions regarding respiratory protection, please call or email Margret Meade at [email protected] or call 515.210.6617.

MunEE Bucks Program Membership Streamlined for COVID-19 Effected Communities: Join today to start providing rebates online in just a few short days

3/24/2020

As conditions evolve from the impacts of COVID-19 your utility is focused on providing safe, reliable and affordable services to customers. IAMU remains committed to doing our part to help you deliver those services.

Through our MunEE Bucks Energy Efficiency Rebate Program we’ve recently created a streamlined implementation model that allows utilities to migrate your existing rebate program to the online MunEE Bucks portal within just a few short days. This ensures that despite office closures, reduced staffing and resources, you can continue to provide your customers access to money saving rebates when they need them most.

When you sign up for MunEE Bucks now, we will create a portal for you with up to 15 of the most popular MunEE Bucks standard rebates used by customers. Once this portal is online we will work with you over the next several weeks to add any additional MunEE Bucks rebates you would like, as well as implement any unique rebates your utility would also like to offer.

To sign up, or for additional information, please contact Jeremy Caron at 515-289-1999 or [email protected].

Public drinking water safe to drink; Know what to and what NOT to flush down your toilet

3/23/2020

Public drinking water safe to drink
The Iowa Department of Natural Resources is providing this important information about COVID-19 as it relates to public drinking water to provide clarity to the public. The COVID-19 virus has not been detected in drinking water supplies. Based on current evidence, the risk to water supplies is very low. Disinfection methods used in drinking water treatment plants are effective for inactivation of coronaviruses and all other viruses. Iowans can continue to use and drink water from their tap as usual. The Iowa DNR recommends obtaining your potable water from your tap as much as possible to conserve bottled water for emergency situations if needed.

Stay up to date on the latest news regarding coronavirus with the World Health Organization (WHO), U.S. Centers for Disease Control and Prevention (CDC), and Iowa Department of Public Health (IDPH).

Know what to and what NOT to flush down your toilet
The Iowa Department of Natural Resources is reminding Iowans of the importance of flushing ONLY toilet paper and human waste down toilets to avoid disruption of sewer systems.

The Department recognizes the temporary shortage of toilet paper products during the Covid-19 outbreak, but warns items such as flushable wipes, disinfecting wipes, surface cleaning wipes, baby wipes, even though advertised as flushable, are not recommended for disposal by flushing down a toilet. Diapers, paper towels, tissues and feminine hygiene products should also not be flushed down toilets.

Even though these products may not clog your sewer system at your residence, when deposited together, in an entire community, can pose a serious risk of overwhelming a community’s sewer system. If a sewer system is clogged, it can lead to backups of sewage into residences and overflows into the environment. Additionally, it can cause pump failures and lead to several hours of repairs and expenses to city wastewater systems.

Residents are encouraged to dispose of the items in bags and dispose in the trash.

Families First Coronavirus Response Act Webinar

3/23/2020

IAMU's endorsed employee benefits broker Mark J. Becker and Associates (MJBA) has opened this important webinar on complying with the Families First Cornoavirus Response Act to all IAMU members, not just those that participate in our benefits program through MJBA. Please join us in participating in this important education event to help understand your obligations under the Families First Act.

Register below for our March 26th webinar covering the Families First Coronavirus Response Act that was recently passed into law.

We will cover which employers are subject to the new requirements and provide step-by-step guidance on how to comply. The new law includes two separate mandates regarding Family and Medical Leave (FMLA) and mandated sick leave. Small employers are NOT exempt from these mandates, therefore we encourage attendance of all of our clients and subscribers. Benefit eligibility, should an employer enact a lay-off or furlough, will also be covered in this webinar.

We look forward to visiting with you on Thursday, March 26th from 2:00 – 3:30 pm.

REGISTER HERE

New U.S. Senate Law, COVID-19 Coronavirus Response Act

3/23/2020

In response to the COVID-19 Coronavirus (COVID-19) outbreak in the United States, the U.S. Senate passed the "Families First Coronavirus Response Act" on March 18, 2020, which has now been signed into law. The expanded leave provisions are to become effective within 15 days of the enactment, or by April 2, 2020. The law is set to expire on December 31, 2020.

Click here for more information.

COVID-19: Labor & Employment Webinar Recording

3/23/2020

Below is a link to the recording and slides from the Labor & Employment webinar from Nyemaster Goode, P.C.

https://nyemaster.com/news/new-covid19-families-first-coronavirus-r/

Click here for a downloadable PDF.

COVID-19 Update and the Governor's Executive Order

3/23/2020

On March 17, 2020 Iowa Governor Kim Reynolds issued a State of Public Health Disaster Emergency. Whereas this act does activate the public health response and recovery aspects of the State Disaster Emergency Plan, it does not alter the requirements of the Underground Facilities Information Act - Iowa Code chapter 480.

Utility Services are considered life sustaining operations and do not fall under the current Iowa Governor's executive order.

The requirements of the Iowa Code chapter 480 have not changed.

Iowa One Call remains fully operational through both our call center and online services, to receive underground facility locate notices and to transmit those notices to the utilities throughout Iowa.

Excavators:
If you have an active ticket and are delaying the work, please call to cancel the notice to prevent utility locators from unnecessary activities.

Please know that the utilities may reach out to you in an effort to negotiate mutually agreeable locating timelines in order to mitigate time constraints due to potential decreases in the utility's locating workforce. Whenever possible, please work with the utilities to establish reasonable, and mutually agreeable scheduling alternatives.

Underground Facility Operators:
Iowa Code chapter 480 permits an underground facility operator to reach out to an excavator in order to negotiate a mutually agreeable locate date/time.

Once a mutual agreement has been reached between the operator/locator and the excavator, the operator/locator must use the Ticket Check response code, "Agreed To Marking Schedule." It is important to note that agreements must be mutual, and will therefore require direct contact between the operator/locator and the excavator - which must be initiated by the operator/locator.

Please visit the IOWA One Call website at http://www.iowaonecall.com for further
COVID-19 updates.

We wish everyone continued health and safety!

Update on IUB Coronavirus Response Call

3/18/2020

In an update call today, the Chair and the other members of the Iowa Utilities Board announced the following:

There is concern that public anxiety is increasing and that it is important for utility service to be available during this crisis.
Press releases from IUB, the Governor, or both will soon be issued and will address all utility services, including water and communications. This release will include a reminder to continue to pay for service.
All investor owned utilities, gas, water, and electric, will be ceasing disconnects and will issue press statements to that effect as soon as today.
Municipal gas and electric utilities and RECs are officially requested to follow the same policy as the IOUs which means not disconnecting for the remainder of the current extended gas and electric moratorium.
All water utilities, including rural water, are also officially requested not to disconnect any customers. It’s unclear for how long, but it seems likely to be for the same period as the extended moratorium.
IUB and DNR will help IAMU coordinate finding certified water operators to help if a community lacks backup.
We will forward all press releases as we get them.
Questions and problems can be coordinated through IUB by using this email address: [email protected]

COVID-19 Update - IAMU Office to close

3/18/2020

In alignment with the Governors recent public health proclamation, and to protect the health and welfare of our employees, members and the public IAMU employees will be working remotely until further notice. The IAMU office building will be closed to the public. All in person training not currently started is postponed effective immediately. We are still working on some streaming and online options for our training offerings. In person visits by our utility specialists will be limited to those where the compliance or safety of the member requires their immediate presence.

If you need to reach an IAMU staff member the best way to reach them is via email. If needed, please call them directly at the number on the linked pdf of contact information below. Almost all staff have a direct dial phone line at their desk, which may be forwarded to their cell phone. Otherwise leave a message on their desk phone. Messages are automatically sent to their work email. They will contact you as soon as possible. If you cannot figure out who to call, can’t reach the right staff person, or otherwise have concerns or questions please feel free to email, text or call me directly at [email protected] or 515-201-2856. I will do my best to get you an answer or get your question to the correct staff member.

Staff email addresses can be found at https://members.iamu.org/page/IAMU_Staff

Staff cell phone and desk phone numbers can be found in the attached pdf.

Thank you for your patience and understanding in this unprecedented time.

Thanks
Troy

IAMU Webinars To Address Key Broadband Issues

3/18/2020

The COVID-19 forced the cancellation of the 2020 IAMU Broadband Conference, but IAMU is scheduling webinars for two of the topics that would have been discussed that are time sensitive and of great interest to IAMU members.

Regulatory Compliance Review
Thursday, April 2, 2020
2:00pm
Link to join webinar: https://zoom.us/j/644074462

During this session, Jim Baller of Baller Stokes & Lide will provide a review of the annual regulatory compliance measures that telecommunications companies need to be aware of. Baller's review will also address the new "Truth In Billing" rules that will be enacted later this year."

Retransmission Consent 2020
Thursday, April 16, 2020
2:00pm
Link to join webinar: https://zoom.us/j/442902618

The next round of retransmission consent negotiations at the end of 2020 could be the most painful yet. TV stations are expected to ask for big increases in the fees they charge cable operators while continuing to crowd their broadcast frequency with digital subchannels of questionable value.

During this webinar, Curtis Dean will discuss the upcoming round of negotiations with Jean Edhlund, Video Products Partner with Cooperative Network Services in Minnesota. Jean is a familar name for many of us, having served as the primary contact for Fox Sports Networks for many years.

Participation in these webinars is free, but limited to 100 participants each. Participants will be able to ask questions during the live webinars. The webinars will also be recorded and made available afterwards.

IEDA Request for COVID-19 Assistance

3/18/2020

The Iowa Economic Development Authority (IEDA) needs to assess the impact of the pandemic in Iowa. To assist in these efforts, please complete this survey, developed by University of Northern Iowa – Institute for Decision Making, to tell us what your business is experiencing and how your business is handling the current crisis.

Please forward this link to businesses/attractions/organizations within your membership or communities.

IEDA will use the information collected in this survey to inform its public policy in response to the crisis, as well as potential assistance to businesses. The deadline to complete this survey is Monday, March 23 at 5 p.m.

Again, thank you for mobilizing and providing this information on such short notice. We will remain connected with you in the coming weeks to provide additional guidance as warranted.

Our thoughts are with all of you and our business community, and we remain confident the efforts we are undertaking today will mitigate the long-term impact on our economy.

Iowa One Call - COVID-19 Update

3/18/2020

Message from Iowa One Call concerning COVID-19:

As we all know the Coronavirus (COVID-19) has led to times of uncertainty with the virus continuing to spread. A number of meetings and conventions have been postponed or cancelled across the nation and in Iowa. Today CGA cancelled their meetings in Palm Springs and the Missouri One Call also cancelled their contractor meetings.

We have seven (7) ESAP meetings scheduled for the remainder of March. Currently MidAmerican, NNG and Alliant have let us know they will not be attending and I expect to have several more that will be letting us know they will not be attending.

After internal discussions, and feedback from the executive committee it has been decided to cancel the remaining seven (7) ESAP meetings.

We will work with the hotels and other venues to cancel and try to mitigate the expenses. In place of the ESAP meetings we will work on setting up several webinars in the near future.

When Must Employee Illnesses Be Reported to OSHA?

3/16/2020

The vast majority of employee illnesses are not “work-related” and, therefore, not necessarily recordable, the requirement of recording illnesses, even when applicable, is often overlooked.

Caroline Melo Bob Nichols
Mar 10, 2020

Conscientious safety professionals typically devote a great deal of time over the course of their careers learning when particular instances of physical injury suffered by employees, such as back, knee or wrist pain, must be recorded on OSHA 300 and 301 forms.

Recent contingency planning for potential employee coronavirus cases, however, has reminded occupational safety specialists that work-related illnesses generally must also be recorded if the condition meets the applicable recording criteria of OSHA regulations. Understanding when an illness is OSHA recordable can often be even more daunting than the task of recognizing when a physical injury is properly recorded.

The Basics
With the exception of certain low safety-risk industries, employers with more than 10 employees are required to record on certain OSHA-required records, namely OSHA 300 and 301 forms, “work-related” injuries and illnesses meeting one or more specified criteria of seriousness outlined by OSHA regulations—such as medical treatment beyond first aid or days away from work.

As for the deadline to do so, generally an employer must record within seven calendar days after the business receives information that a recordable work-related injury or illness has occurred.

The regulatory nuances of the determination of what is commonly referred to as “recordability” are many and complex. Moreover, because the vast majority of recordable events are injuries, as opposed to illnesses, safety professionals spend much more time considering what is an injury that must be recorded as opposed to an illness.

Additionally, because the vast majority of employee illnesses are not “work-related” and, therefore, not necessarily recordable, the requirement of recording illnesses, even when applicable, is often overlooked. This inattention can be costly. Specifically, employers may be fined substantial dollar amounts by OSHA for failing to record work-related illnesses - just like injuries.

Moreover, as a practical matter, in some businesses there can be subtle, or not-so-subtle, pressure on supervisory and safety officials to minimize the number of recorded cases. This unfortunate reality exists in certain companies because low levels of recordable injuries and illnesses may be considered under bonus schemes or otherwise be used to judge the performance of managers or other employees. While these compensation incentives tied to achieving low recorded injury/illness levels are not per se unlawful, employers need to be careful to assure that these incentives do not lead to the failure to record. Specifically, to avoid potentially substantial OSHA fines, businesses must guard against under-recording and carefully consider every potentially work-related illness or injury to determine recordability.

Contagious Illness
Contagious illnesses that employees contract from a coworker, customer, contractor or other person while working are generally recordable if they meet one or more of the general recording criteria - such as medical treatment or days away from work.

To illustrate this point, the regulations indicate that specific examples of potentially recordable contagious illnesses, if contraction is work-related, include “tuberculosis, brucellosis, hepatitis A or plague.”

As an exception to the recording requirements, OSHA regulations specifically provide that employee cases of the “common cold or flu” do not need to be, and should not be, recorded. At the same time, OSHA has warned that this exception does not apply to other contagious viruses, even those that produce similar symptoms, that do not actually constitute the “common cold or flu” strain.

As a result in 2009, OSHA warned employers that employee cases of the H1N1 virus that are “work-related” must be recorded on OSHA 300 and 301 forms.

Importantly, this year, OSHA has reached the same conclusion about coronavirus cases that may occur may be work-related. Specifically, employee bouts with the coronavirus are recordable if, again, the particular case is work-related and other criteria meet the criteria test.

Work-Relatedness
Of course, with any illness, if it is not “work-related,” then it is not recordable. While that determination may seem simple, in reality it often is not.

OSHA guidance points out that, for example, if “an employee reports symptoms of a contagious disease that affects the public at large, such as a staphylococcus infection (‘staph’ infection) or Lyme disease, and the workplace is only one possible source of the infection,” the employer must engage in an analysis of potential work-relatedness.

OSHA instructs that “[i]n these situations, the employer must examine the employee’s work duties and environment to determine whether it is more likely than not that one or more events or exposures at work caused or contributed to the condition.” In engaging in that inquiry, if the employer determines that it is unlikely that the precipitating event or exposure occurred in the work environment, the employer would not record the case.

Mental Illnesses
Employers must bear in mind that OSHA takes a fundamentally different approach to determining when mental illnesses should be recorded - as opposed to physical illnesses. Specifically, OSHA regulations broadly direct that mental illnesses are not to be recorded unless “the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related.”

Notably, this general rule applies to when work-related stress disorders must be recorded. Specifically in 2004 guidance, OSHA explained that “[m]ental illnesses, such as depression or anxiety disorder, that have work-related stress as a contributing factor, are recordable if the employee voluntarily provides the employer with an opinion from a physician or other licensed health care professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse practitioner, etc.) stating that the employee has a mental illness that is work-related, and the case meets one or more of the general recording criteria.”

Diseases Tied to Workplace Exposure
Diseases such as silicosis, byssinosis, or asbestosis for which workplace exposure to substances may have been a contributing factor, are subject to the recording requirement just like other illnesses that are work-related. Determining work-relatedness in the context of these illnesses can be especially difficult, but that does not excuse employers from engaging in the required analysis as to whether such a case should be recorded on the employer’s OSHA recordkeeping forms.

In fact, under OSHA regulations these types of “significant progressive diseases” once diagnosed may be subject to the recording requirement even before the illness requires medical treatment, work restrictions, or days away from work.

Guidance for Employers

1. Determining the work-relatedness of illnesses is often a difficult task, but engaging in the analysis is important – particularly when an employee or a healthcare provider reports that a disease or other illness stems, or may stem, in whole or part, from work-related conditions. When this issue arises, the employer should engage in a careful assessment as to whether that condition should be recorded through the OSHA 300 and 301 forms.

2. As employers continue to worry about the spread of the coronavirus and the potential for future pandemics involving other viruses or other illnesses (other than the common cold or flu), they must not lose sight of the fact that if the employee contracts the illness at work, through a coworker or other individual, and the condition otherwise meets OSHA recording criteria, it must be properly and timely recorded.

3. Employers should recognize that they can and should utilize the expertise of medical professionals when trying to ascertain whether a particular illness should be recorded.

4. In engaging in these determinations, employers should also make full use of OSHA’s extensive online resources, including the OSHA Recordkeeping Handbook maintained on OSHA’s website.

Bob Nichols is a partner in Bracewell LLP’s Houston office. Bob has over 30 years of experience in employment law, having represented employers in litigation, administrative investigations, and other actions related to employment including the defense of claims of alleged discrimination, retaliation, harassment, wrongful discharge, and occupational safety and health violations. Caroline Melo is an associate at Bracewell, providing advice and counsel to employers regarding a variety of workplace matters.