• The mandates does not apply to existing contracts, unless the contract is extended. 
• The vaccine mandate only applies to road cost-share agreements if the Forest Service portion is over the $250,000 threshold, which typically doesn’t occur under cost-share agreements.
• Contractors that fall under the mandate will have to provide a list of employee names that are vaccinated but will not be asked to provide physical proof (copy of vaccine card, medical records, etc.). Physical proof should be retained by individual companies.
• Employee lists of vaccinated employees will be required at the time of contract award. 

The bottom line is we still need to wait and see what the final guidance looks like. There are still plenty of unanswered questions – including how the GNA mandate is likely to conflict with diametrically opposite policies adopted by certain states which currently have active GNA programs. However, the initial report that “normal” timber sales don’t trigger the vaccination mandate is good news. Whether or not the vaccine mandate for Federal contractors applies to your timber sale contracts, most sawmilling and other wood products companies may still be covered by the still yet to be released OSHA “Emergency Temporary Standard” requiring companies with 100 or more employees to get them all vaccinated. Yesterday, elements of the business community visited the White House to plead for “flexibility”. White House Coronavirus Task Force leader Jeffery Zients was quoted in the Washington Post today, saying
“To be clear, we’re creating flexibility within the system. We’re offering people multiple opportunities to get vaccinated. There is not a cliff here.” Bottom line is we still need to see the written contractor vaccine policy, and we’re still awaiting the “emergency” standard announced 49 days ago. While FFRC will keep you updated on what we learn, it’s imperative that companies seek out competent legal counsel to fully understand their rights and responsibilities under these mandates.
Associated California Loggers will remain involved in these efforts.

The Biden administration ordered U.S. companies Thursday to ensure their employees are fully vaccinated or regularly tested for Covid-19 by Jan. 4— giving them a reprieve over the holidays before the long-awaited and hotly contested mandate takes affect.The administration on Thursday also pushed back the deadline for federal contractors to comply with a stricter set of vaccine requirements for staff from Dec. 8 to Jan. 4 to match the deadline set for other private companies and health-care providers.The newly released rules, issued by the Occupational Safety and Health Administration under the Labor Department, apply to businesses with 100 or more employees. All unvaccinated workers must begin wearing masks by Dec. 5 and provide a negative Covid test on a weekly basis after the January deadline, according to the requirements. Companies are not required to pay for or provide the tests unless they are otherwise required to by state or local laws or in labor union contracts. Anyone who tests positive is prohibited from going into work.Companies also have until Dec. 5 to offer paid time for employees to get vaccinated and paid sick leave for them to recover from any side effects. OSHA, which polices workplace safety for the Labor Department, will provide sample implementation plans and fact sheets among other materials to help companies adopt the new rules.OSHA will also conduct on-site workplace inspections to make sure companies comply with the rules, a senior administration official said. Penalties for noncompliance can range from $13,653 per serious violation to $136,532 if a company willfully violates the rules. The vaccine mandate, which covers 84 million people employed in the private sector, represents the most expansive use of federal power to protect workers from Covid-19 since the virus was declared a pandemic in March 2020. The Centers for Medicare and Medicaid Services, the federal government’s health insurance plans for the elderly and poor, are also requiring the 76,000 health-care facilities that participate in the programs to ensure their workers are fully vaccinated by Jan. 4, affecting some 17 million employees, senior administration officials said. Facilities that violate the mandate could be at risk of losing their funding, they said.The Labor Department developed the business mandate under emergency authority that shortcuts the process for issuing new workplace safety standards, which normally take years. OSHA can use its emergency authority when the Labor secretary determines workers face a grave danger from a new hazard, in this case Covid. Business groups had called for the administration to delay the mandate until after the busy holiday season, worried that workers would choose to quit rather than follow the rules, further disrupting already strained supply chains and a tight labor market.Nearly every Republican state attorney general in the U.S. has vowed to take legal action to halt the mandate, calling it “counterproductive and harmful” in a September letter to the White House.Republicans and industry lobbyists have contended that the current threat from Covid does not amount to a grave danger as claimed by the Biden administration. They point to the growing level of vaccination and natural immunity in the U.S. from previous infections, and mitigation measures already taken by many businesses in the workplace. Covid has killed more than 750,000 Americans and infected more than 46 million, according to data from Johns Hopkins University. The virus is infecting more than 70,000 people a day on average, according to a CNBC analysis of that data.The AFL-CIO, which represents the largest group of unions in the U.S., had pushed for even more sweeping protections to be included in the mandate, such as standards on ventilation and physical distancing where appropriate. The Biden administration could now face legal challenges on two fronts, from those who want the mandate overturned and those who want it expanded. It’s unclear whether the mandates will survive legal challenges. OSHA emergency safety standards have a mixed track record in court. Before the pandemic, the agency had not issued an emergency standard since 1983. Courts have postponed or fully overturned four of the 10 emergency safety standards issued by OSHA in its 50-year history. A fifth was partially vacated.

The federal contractor rules don’t include a regular Covid testing option for employees.Workers for those companies, which include Boeing, American Airlines, IBM and smaller contractors like food service firms, have to ensure workers are vaccinated or receive exemptions for religious or medical reasons.Those rules have faced opposition from some workers and some labor unions.For example, Southwest Airlines pilots’ union sought to block the implementation of the mandate, arguing it needed to be negotiated with the union. A federal judge in Texas, however, denied that request and dismissed the union’s lawsuit last week.The union that represents American Airlines’ pilots wrote to Biden administration officials in September seeking an alternative to the mandate such as regular testing.Executives at American and Southwest last month softened their tone over the vaccine rules, urging staff to apply for exemptions. Both carriers as well as JetBlue and Alaska said they would mandate vaccines, complying with the order.American and Southwest have told staff they would need to receive their second shot of a two-dose vaccine by Nov. 24, the day before Thanksgiving and one of the busiest travel days of the year. Executives said they don’t expect the mandate will impact holiday travel.The White House on Monday issued guidelines for federal contractors that gives those employers broad latitude in meeting the rules. However, Biden administration officials have said contractors don’t face a hard deadline, but they must show they’re making a good-faith effort to get staff vaccinated and have plans for masking and social distancing in workplaces.

Here is a link to an article with the official White House announcement:
https://www.smithcurrie.com/publications/client-alerts/white-house-extends-deadline-for-compliance-with-both-osha-and-federal-contractor-vaccination-mandates-while-further-guThis is breaking news. Please check back for updates.

1. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation;
2. Compliance by individuals, including covered contractor employees and visitors, with the Guidance related to masking and physical distancing while in covered contractor workplaces; and 
3. Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces. 

 Guidance also available HERE. Important Dates:

• The new requirements will be reflected in federal contracts awarded afterOctober 15 (contracts awarded prior to October 15 where performance is ongoing – the requirements must be incorporated at the point at which an option is exercised or an extension is made).
• The requirements must be incorporated into new contracts awarded on or after November 14(between October 15 and November 14, agencies must include the clause in the solicitation and are encouraged to include the clause in contracts awarded during this time but are not required to do so unless the solicitation for the contract was issued on or after October 15).

 Observations:

• The new requirements are sweeping and have broad and significant implications for all federal contractors, regardless of business size. We strongly recommend members read the hyperlinked documents below which provide important definitions (e.g. “covered contract,” “covered contractor employee,” “Federal workplace,” etc.), additional guidance, and FAQs.
• We are working with our partner organizations, such as AFRC and FFRC, to seek greater clarification about the requirements and impacts to existing and new Federal timber contracts. 
• We expect litigation and will share updates on how legal challenges may impact implementation of the requirements.  

 Important Documents:

• Guidance for Federal Contractors and Subcontractors
• Frequently Asked Questions (page 9)

Main PATHH coordinator in California and Nevada :

USDA-Farm Service Agency

CA/NV State Office

430 G St. Davis, CA 95616

530-792-5520

Ken Ogden, PATHH coordinator

Ken.ogden@usda.gov

Local County FSA Offices:

Siskiyou County Farm Service Agency Office

215 Executive Court, Ste. C

Yreka, CA 96097-2693

(530) 842-6123

John Boyes, County Executive Director

John.Boyes@usda.gov

Lassen/Plumas/Sierra County Farm Service Agency Office

170 Russel Ave., Ste. C      

Susanville, CA 96130-4271

(530)257-4127

Jennifer Simon, County Executive Director

Jennifer.Simon@usda.gov

Modoc County Farm Service Agency Office

802 W. 12^th St.

Alturas, CA 96101

(530) 233-4391

Jennifer Simon, County Executive Director

Jennifer.Simon@usda.gov

Shasta County Farm Service Agency Office

3644 Avtech Parkway, Ste. D

Redding, CA 96002

(530) 226-2568

Ruth Ford, County Executive Director

Ruth.Ford@usda.gov

Humboldt/Del Norte Farm Service Agency Office

5630 S. Broadway

Eureka, CA 95503-6998

(707) 442-6058

Katie Delbar, County Executive Director

Katie.Delbar@usda.gov

Mendicino Farm Service Agency Office

1252 Airport Park Blvd. – B1

Ukiah, CA 95482-5979

(707) 468-9223

Katie Delbar, County Executive Director

Katie.Delbar@usda.gov

Amador/El Dorado County Farm Service Agency Office

9701 Dino Drive, Ste. 107

Elk Grove, CA 95624

(916) 714-1104

Jesse Simoes, County Executive Director

Jesse.Simoes@usda.gov

Placer County Farm Service Agency Office

1521 Butte House Road, Ste. A

Yuba City, CA 95993-2236

(530) 671-0850

Kathleen Bowman, County Executive Director

Kathleen.Bowman@usda.gov

Calaveras County Farm Service Agency Office

7585 S. Longe #100

Stockton, CA 95206

(209) 337-2124

Jenna Swenson, County Executive Director

Jenna.Swenson@usda.gov

Fresno County Farm Service Agency Office

4625 W. Jennifer, #109      

Fresno, CA 93722-6424    

(559) 276-7494       

Russ Friend, County Executive Director

Russ.Friend@usda.gov

Stanislaus/Tuolumne County Farm Service Agency Office

3800 Cornucopia Way, Ste.E

Modesto, CA 95358-9492

(209) 491-9320

Maria Perez, County Executive Director

Maria.G.Perez@usda.gov

Madera County Farm Service Agency Office

425 N. Gateway Dr., Ste. E

Madera, CA 93637-3187

(559) 674-4628

Mani Gill, County Executive Director

Mani.Gill@usda.gov

AND:

Brooke Raffaele

Public Affairs & Outreach Coordinator

California Farm Service Agency

U.S. Department of Agriculture

(530) 219-7747

Farm Service Agency Will Begin Accepting Applications on July 22

WASHINGTON, July 20, 2021 — The U.S. Department of Agriculture (USDA) is providing up to $200 million to provide relief to timber harvesting and timber hauling businesses that have experienced losses due to COVID-19 as part of USDA’s Pandemic Assistance for Producers initiative. Loggers and truckers can apply for assistance through USDA’s Farm Service Agency (FSA) July 22 through Oct. 15, 2021. The Pandemic Assistance for Timber Harvesters and Haulers program (PATHH) is administered by FSA in partnership with the U.S. Forest Service.

The Consolidated Appropriations Act, 2021, authorized this critical assistance for the timber industry. Timber harvesting and hauling businesses that have experienced a gross revenue loss of at least 10% during the period of Jan. 1 and Dec. 1, 2020, compared to the period of Jan. 1 and Dec. 1, 2019, are encouraged to apply.

“USDA’s Pandemic Assistance for Producers initiative promised to get financial assistance to a broader set of producers and today’s announcement delivers on that promise,” said Secretary Vilsack. “On top of the existing challenges associated with natural disasters and trade, the pandemic caused a major disruption for loggers and timber haulers including lack of access to wood processing mills. This industry plays a critical role in our nation’s economy and we are proud to support these hard-working loggers and truckers as they get back on track.”

“Like many facets of the agriculture industry, the logging industry has experienced its share of financial hardships throughout the pandemic,” said FSA Administrator Zach Ducheneaux. “We’re happy to work with the U.S. Forest Service to develop this new program to provide critically needed support.”

“We’ve heard from loggers and truckers whose livelihoods were significantly impacted this past year by the COVID-19 pandemic, and we are pleased that USDA can help alleviate some of the financial burden,” said Forest Service Chief Vicki Christiansen. “I encourage those logging and log-hauling businesses hardest hit by the pandemic to learn more about the assistance offered through this new program.”

Program Details

To be eligible for payments, individuals or legal entities must be a timber harvesting or timber hauling business where 50% or more of its gross revenue is derived from one or more of the following:

·   Cutting timber.

·   Transporting timber.

·   Processing of wood on-site on the forest land (chipping, grinding, converting to biochar, cutting to smaller lengths, etc.).

Payments will be based on the applicant’s gross revenue received from Jan. 1, 2019, through Dec. 1, 2019, minus gross revenue received from Jan. 1, 2020, through Dec. 1, 2020, multiplied by 80%. FSA will issue an initial payment equal to the lesser of the calculated payment amount or $2,000 as applications are approved. A second payment will be made after the signup period has ended based upon remaining PATHH funds.

The maximum amount that a person or legal entity may receive directly is $125,000.

Applying for Assistance

Loggers and truckers can apply for PATHH beginning on July 22 by completing form FSA-1118, Pandemic Assistance for Timber Harvesters and Haulers Program application, and certifying to their gross revenue for 2019 and 2020 on the application. Additional documentation may be required. Visit farmers.gov/pathh for more information on how to apply.

Applications can be submitted to the FSA office at any USDA Service Center nationwide by mail, fax, hand delivery, or via electronic means. To find a local FSA office, loggers and truckers can visit farmers.gov/service-locator. They can also call 877-508-8364 to speak directly with a USDA employee ready to offer assistance.

DISCUSSION: The American Loggers Council led the way on grassroots lobbying for this $200 million in funding nationwide. The funding was in a COVID-19 stimulus bill — “The Consolidated Appropriations Act of 2021,” that was among the last bills signed by President Trump. Associated California Loggers provided data on COVID-19-related economic losses in 2020 to the negotiators on the “Loggers Relief Act”(now the PATHH program.), and lobbied California members of Congress to support this legislation.

Associated California Loggers urges all members — loggers , log truckers and log road builders — to investigate the PATHH program and to apply for these COVID-19 relief funds. 

(Links below to “FAQs” — Frequently Asked Questions — and an American Loggers Council press release on the “PATHH” Program.

#

Pandemic Assistance Program PATHH

Pandemic Assistance for Timber Harvesters and Haulers Program

“IF YOU WERE ON THE 2020 ASSOCIATED CALIFORNIA LOGGERS PRO LOGGER LIST – YOU WILL AUTOMATICALLY BE PLACED ON THE 2021 PRO LOGGER LIST – WITHOUT NEEDING TO TAKE CLASSES.”

IMPORTANT NEWS:

“If you were on the 2020 Associated California Loggers ProLogger List – you will automatically be placed on the 2021 Pro Logger List – without needing to take classes.”

Further details:

ONE: This development stems from the continuing COVID-19 enforcement situation in California and Nevada. In Nevada, the 2021 Associated California Loggers Annual Meeting has been cancelled and no classes can be held there.  In California, the two logging conferences, we understand, are currently reviewing their options – we are told that both conferences will take place later in 2021, but not in February and March when they are usually held.

However, with the ACL Annual Meeting cancelled and the logging conference dates “in flux,”, it was determined that ACL’s ProLogger program (administered by this Association as a separate entity from the conferences) needed a “waiver and extension” for 2021.

TWO: ACL Immediate Past President Mike Albrecht and Executive Director Eric Carleson made this presentation before the the California state implementation committee and were successful in obtaining this “waiver and extension.”

THREE: This “waiver and extension” will be honored by such employer companies as Sierra Pacific Industries, Humboldt Redwood Company, Mendocino Redwood Company, and Roseburg Forest Products.

FOUR:  Proof of First Aid/CPR training(a valid card) is required for ProLogger certification. Though you will not have to take classes in 2021 if you are on the 2020 ProLogger list, your First Aid/CPR requirements are under the jurisdiction of the state (Cal OSHA) and you will want to find out what those requirements are for 2021.    

FIVE:  As ACL does every year, the “2020 ProLogger List” was mailed out “hard copy” in May 2020 and placed in the ACL website (click “Services” and scroll down to “ProLogger List.”). We also maintain a “ProLogger data base” in the ACL computers. We can update the 2020 list in our data base and on the ACL website throughout the 12 month period the list exists.  Please check your hard copy of the 2020 ACL ProLogger list …or go to the 2020 ProLogger List at the ACL website (www.californialoggers.com) to confirm that you are on the 2020 list.  If you are, you will automatically be placed on the 2021 ProLogger list in May 2021, for a year.  NOTE: Your ACL dues must be paid up for 2020-2021.

Please contact the ACL office at 916-441-7940 with any questions.

We always advise to consult with your accountant and/or banker as soon as possible.

This is the link to PPP release and copy below:
https://home.treasury.gov/news/press-releases/sm1230

WASHINGTON – The U.S. Small Business Administration (SBA), in consultation with the Treasury Department, announced today that the Paycheck Protection Program (PPP) will re-open the week of January 11 for new borrowers and certain existing PPP borrowers. To promote access to capital, initially only community financial institutions will be able to make First Draw PPP Loans on Monday, January 11 and Second Draw PPP Loans on Wednesday, January 13. The PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on January 6 in accordance with the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act.

This round of the PPP continues to prioritize millions of Americans employed by small businesses by authorizing up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan.

“The Paycheck Protection Program has successfully provided 5.2 million loans worth $525 billion to America’s small businesses, supporting more than 51 million jobs,” said Secretary Steven T. Mnuchin. “This updated guidance enhances the PPP’s targeted relief to small businesses most impacted by COVID-19. We are committed to implementing this round of PPP quickly to continue supporting American small businesses and their workers.”

“The historically successful Paycheck Protection Program served as an economic lifeline to millions of small businesses and their employees when they needed it most,” said Administrator Jovita Carranza. “Today’s guidance builds on the success of the program and adapts to the changing needs of small business owners by providing targeted relief and a simpler forgiveness process to ensure their path to recovery.”

Key PPP updates include:
· PPP borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs;
· PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures;
· The Program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations;
· The PPP provides greater flexibility for seasonal employees;
· Certain existing PPP borrowers can request to modify their First Draw PPP Loan amount; and
· Certain existing PPP borrowers are now eligible to apply for a Second Draw PPP Loan.
A borrower is generally eligible for a Second Draw PPP Loan if the borrower:
· Previously received a First Draw PPP Loan and will or has used the full amount only for authorized uses;
· Has no more than 300 employees; and
· Can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020.

The new guidance released includes:
· PPP Guidance from SBA Administrator Carranza on Accessing Capital for Minority, Underserved, Veteran, and Women-owned Business Concerns;
· Interim Final Rule on Paycheck Protection Program as Amended by Economic Aid Act; and
· Interim Final Rule on Second Draw PPP Loans.

For more information on SBA’s assistance to small businesses, visit sba.gov/ppp or treasury.gov/cares.

Since then, new “clean-up” legislation has been passed and signed, and positive changes have been made — crucially in the area of “flexibility.”

KEY: A deadline of 8 weeks or June 30, 2020, whichever comes first has been EXTENDED to a deadline of 24 weeks or December 31, 2020 — to restore their employee and payroll levels. Other changes can be found in the two links below:

 newpaycheckprotectionact

paycheckprotectionactrequirementschange

“As more financial impacts are being felt around the country as both a direct and indirect result of the COVID-19 pandemic, the members of the American Loggers Council have coalesced around a proposal to members of Congress that would provide financial assistance directly to both professional timber harvesting businesses and log trucking businesses.”

“While the US House of Representatives have already passed their version of the next round of stimulus funding, the US Senate has put a hold on future funding until they have a chance to see some of the results of those appropriations that have already gone out. Many logging and trucking businesses have been able to apply for and receive Payroll Protection Program funding as well as bridge loans that are being made available through the Small Business Administration(SBA.)”

“Another program being offered is the Business and Industry CARES Act Program being administered through USDA Rural Development which allows rural businesses to receive working capital loans from lenders at negotiated rates with financial institutions.”

“What the leadership of the American Loggers Council is proposing is a LOW INTEREST LOAN TO BOTH LOGGING AND LOG HAULING BUSINESSES THAT IS BASED ON LOST PRODUCTION OR REVENUE DUE TO LOST MARKETS, CURTAILED PRODUCTION AND OTHER EVENTS RELATED TO THE COVID-19 PANDEMIC…that would not duplicate those benefits received through the Payroll Protection Program.”

“We have a very short time frame in which to try and push this program into THE NEXT STIMULUS PACKAGE, and with YOUR HELP, we believe that we can make this happen.”

“If we are successful, this will be the FIRST TIME that both logging businesses and log hauling businesses have become available for low interest and PERHAPS FORGIVABLE LOANS that would assure that contractors can have the opportunity to remain in business over the next 12 months and to adjust their operations as markets begin to stabilize.”

“This effort is a great example of what we can accomplish when we are all working together towards a common goal, BUT WE STILL NEED YOUR HELP.”

“We need to contact as many members of Congress across the United States as possible, with loggers from each of their home states making the contact,   AND WE HAVE SIMPLIFIED THE PROCESS FOR YOU BY PROVIDING A LINK that will only require that you enter your name and mailing address and HIT THE “SEND” BUTTON to get our request to your U.S. Congressman or Congresswoman, as well as the two U.S. Senators who are representing your state in Washington, DC.”

HERE IS THE LINK:

https://www.amloggers.com/news/support-the-loggers-relief-package

PLEASE TAKE THE FIVE MINUTES REQUIRED TO HAVE YOUR VOICE HEARD IN WASHINGTON.

“This is truly a joint effort among the 34 States that the American Loggers Council represents and the individual logger members of each of those States, taking the opportunity to keep our industry strong. We are “Loggers Working for Loggers.”