ILMA Compoundings - August 2020 - 35

Continued from page 33
than only pollutants. For example,
a power pylon affecting the clarity
of a waterway's flow by introducing
agitating currents could fall under the
certification authority.
ONE MORE OBSTACLE
The final Section 401 rule, like every
rule promulgated by the current EPA,
is being challenged in court. If the
new rule is upheld, permitting times
should see significant cuts in duration
and allow project proponents to know
precisely why certification is denied.
This affects everything from pipeline
and powerline construction to transportation infrastructure overhauls. It
is an improvement toward enhancing
national infrastructure.
Levetown serves as associate
counsel to ILMA through
Bassman, Mitchell, Alfano &
Leiter Chtd.
He may be reached at 202-466-6502 or
mlevetown@bmalaw.net.

Continued from page 32
results is paramount. State and local
requirements, particularly with taking
employees' temperatures, vary, so it is
important to determine procedures on a
site-specific basis.
Communication and training are
keys, in part, because long-ingrained
activities need to change. Each policy
modification and action to implement change presents challenges and
opportunities. Transparency in the
decision-making process and increasing employee engagement will help to
ensure success. One suggestion as part
of enhanced communications is to use
surveys or a designated email address
to allow employees to provide input
and remain invested in the process.
Lastly, if your company's business
continuity and preparedness plans do
not include responses to infectious disease, now is the time to develop them.
My guess is most members' plans did
not anticipate a global pandemic. The
plans should address how to return to
healthy operations while being flexible
with and supportive of employees.
Proper documentation of decisions
and how the revised personnel policies
and procedures have been implemented

and enforced is important. This
documentation needs to be properly
maintained. Again, because of many state
and local requirements, it is important
to involve counsel in addressing these
HR priorities to minimize and mitigate
liability exposure. Plaintiffs' lawyers
are trolling for cases, including in the
labor and employment area. In addition,
review applicable insurance policies
(e.g., workers' compensation insurance,
employers' practices liability insurance
and general liability insurance), and
engage with your insurance broker on
coverage for potential employee claims of
COVID-19-related illness, bodily injury
and/or wrongful death.
ILMA has worked hard to provide
an array of COVID-19 resources
for its members during this unprecedented period. The Association will
continue to update information as
we move toward the post-pandemic
world. Again, work with your local
counsel on these HR matters.
Leiter serves as general
counsel to ILMA, representing
the Association since 1981.
He may be reached at
202-466-6502 or jleiter@bmalaw.net.

ADVERTISERS INDEX
COMPANY NAME

CONTACT

PHONE

EMAIL

Inside Back

Barbara Kudis

412-829-1990

bkudis@oils.com

Chevron Oronite

11

Robert Connel

925-842-0213

rconnel@chevron.com

Ergon, Inc.

4

Kathy Potts

601-933-3148

kathy.potts@ergon.com

Robert Plummer

484-362-0610

robert.plummer@hollyfrontier.com

Dave Millin

216-749-2605

dmillin@elcocorp.com

Allegheny Petroleum Products Company

HollyFrontier Lubricants & Specialty Products
Italmatch Chemicals Group
Motiva

AD PAGE #

Inside Front
6
Back Cover

Colleen Murphy Smith 713-427-3392

colleen.smith@motiva.com

35
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