ILTA Focuses Regulatory Actions on Helping Members Operate During the Pandemic
Much of ILTA's regulatory activity in the past month has been focused on helping member companies continue operations during the COVID-19 pandemic. Much of this work has occurred during discussions with federal agencies in update and critical infrastructure calls. We have also engaged with agencies on targeted issues. In April, several agencies extended deadlines or delayed inspection activities as a result of the pandemic:
CISA Postpones All Routine CFATS Onsite Visits
In response to the ongoing COVID-19 pandemic, the Cybersecurity and Infrastructure Security Agency has postponed all routine CFATS onsite visits through the end of May, including previously scheduled authorization inspections, compliance inspections, compliance assistance visits and outreach.
USCG Issues Bulletin on How to Handle Noncompliance with TWIC Program
The U.S. Coast Guard issued a Marine Safety Information Bulletin 13-20 on April 3, detailing how to handle noncompliance with TWIC program and MTSA security requirements in the face of COVID-19. The bulletin allows adjustments to escort ratios, discusses access for new employees, and how operators may seek permission from Captains of the Port for deviations from written security plans.
On April 13, the Coast Guard issued a memo directing that all Coast Guard Preparedness for Response Exercise Program-related activities associated with the Area Contingency Plan should be suspended and rescheduled to the maximum extent possible. It also extended the deadline until September 1 for companies to submit Area Contingency Plan updates.
TSA Extends Expiration Dates of All TWICs that Expire Through July 31
The Transportation Security Administration on April 15 issued a Federal Register Notice that extends by 180 days the expiration dates of all TWICs set to expire between March 1 and July 31. TSA indicated that it could extend the expiration further if warranted. This action will allow TSA to address the issuance of new TWICs while some of its enrollment centers have had to be closed.
ILTA Working on Letter to OSHA on Terminal Safe Workplace Practices
ILTA is working on a letter to the Occupational Safety and Health Administration that will detail how the terminal industry plans to provide safe workplaces for terminal employees and customers and how it will address recording of any illness resulting from COVID-19. The letter was sent to OSHA over the week of April 27.
OSHA on April 16 issued enforcement memo, Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic —that allows employers to consider alternatives to compliance, such as the use of remote training. OSHA states that “[i]n instances where an employer is unable to comply with OSHA-mandated training, audit, assessment, inspection, or testing requirements because local authorities required the workplace to close, the employer should demonstrate a good faith attempt to meet the applicable requirements as soon as possible following the re-opening of the workplace.” OSHA inspectors will look for employers to undertake good faith efforts to comply as soon as is practical. This enforcement discretion includes the delay of scheduled HAZWOPER training.