Keller and Heckman's COVID-19 Resource Page

Date: Aug 01, 2020

Keller and Heckman attorneys are actively assisting clients with matters that have transpired due to COVID-19. This page highlights the services Keller and Heckman’s practices are providing to organizations across multiple industries. You will also find articles and alerts our professionals have authored and webinars our professionals have presented on topics related to COVID-19. Keller and Heckman is here to assist you during this pandemic.
Coronavirus (COVID-19) Update from Keller and Heckman LLP

Food and Drug
Keller and Heckman’s Food and Drug Practice is helping companies understand and comply with the U.S. Food and Drug Administration’s (FDA) rapidly evolving policies to address the COVID-19 pandemic. These include policies on producing and importing hand sanitizer; personal protective equipment for healthcare workers; diagnostic tests for COVID-19 and other products; evaluating current food safety practices; and labeling advice regarding flexibility for institutional, restaurant, or school food products that may be diverted for retail sale. We work closely with our scientific staff and OSHA/Employment team regarding potential workplace safety issues, and our Tobacco team is advising e-liquid manufacturers now producing hand sanitizer. For more information about FDA assistance with COVID-19, please contact Keller and Heckman’s Food and Drug Practice

Food and Drug Related Resources
Food Packaging Workers Listed as Essential by CISA
Impact of Coronavirus (COVID-19) on Business in China
FDA Provides Temporary Flexibility to Chain Restaurants and Similar Retail Food Establishments in Response to COVID-19
COVID-19 Pandemic Prompts FDA to Offer Guidance on Diverting Human Food to Animal Food Use
FDA Scales Back Domestic Inspections in Response to the Coronavirus Pandemic
FDA Issues Guidance on Temporary Policy Regarding FSMA and FSVP Onsite Audit Requirements Due to COVID-19
EFSA Issues Report to Calm Fears of COVID-19 Transmission Through Food; FDA Posts a Brief Q&A with Routine Food Safety Recommendations
Consumer Brands Association Urges U.S. Government to Prevent Global Export Restrictions on Materials Needed to Treat and Prevent the Coronavirus
FDA Will Postpone Most Foreign Inspections Through April 2020 in Response to the Ongoing Spread of the Coronavirus  
No Evidence that COVID-19 is Transmitted through Food Packaging, Says FDA
The impact of Covid-19 on the food supply chain
CDC Urges Prompt Action to Address COVID-19 in Meat and Poultry Processing Facilities
How might the Coronavirus pandemic affect the innovation of novel foods?
New FDA Guidance on COVID-19 is Less Specific Than Un-Issued CDC Guidance Would Have Been and Arrives as Many Restaurants Have Already Re-Opened for Dine-In Service in Several States

Insurance Coverage
Keller and Heckman’s Insurance Coverage  Practice is here to assist with the full spectrum of COVID-19-related insurance claims. We advise clients on determining your company’s potential losses and liabilities, followed by an in-depth review of your company’s Commercial Property, General Liability, and any specialized event policies to determine coverage. For more information about maximizing your company’s insurance recovery for losses due to COVID-19, please contact Keller and Heckman’s Insurance Coverage Practice.

Insurance Coverage Related Resources 
Insurance Coverage for Coronavirus (COVID-19)  

Occupational Safety and Health
Keller and Heckman’s Occupational Safety and Health Practice is advising clients on the many OSHA and employment-related challenges that have arisen due to COVID-19. We provide a range of legal counsel including safe cleaning practices for work areas potentially contaminated with COVID-19, personal protective equipment for potentially exposed workers, appropriate hygiene procedures to minimize COVID-19 exposure, compliance with OSHA recordkeeping requirements, and compliance with the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and paid sick leave laws. For more information about workplace health and safety assistance with COVID-19, please contact Keller and Heckman’s Occupational Safety and Health Practice.

Occupational Safety and Health Related Resources 
OSHA 30/30 Webinar: March 18, 2020 - Coronavirus - OSHA Law and Employment Law Issues
OSHA 30/30 Webinar: April 22, 2020 - Coronavirus Law Update: News from the Agencies
OSHA 30/30 Webinar: May 20, 2020 - Coronavirus Law Update
Webinar: Coronavirus: Insurance, Safety and Health, and Employment Law Webinar Series Part I - A Case Study: What The Construction Industry Can Learn From the Wal-Mart Suit in Cook County
Webinar: Coronavirus: Insurance, Safety and Health, and Employment Law Webinar Series Part II - Managing Coronavirus Issues in Construction - Insurance and Workplace Safety

Keller and Heckman’s Pesticides Practice is assisting with the approval of antimicrobial pesticides and devices for use to combat COVID-19. We provide advice on labeling, marketing, and advertising of products regulated by the U.S. Food and Drug Administration (FDA), including hand sanitizers, surgical masks, and medical devices preserved with antimicrobials that are regulated by the U.S. Environmental Protection Agency (EPA) and FDA. For more information about pesticide assistance with COVID-19, please contact Keller and Heckman’s Pesticide Practice.

Privacy and Data Security
Keller and Heckman’s Privacy and Data Security Practice is helping businesses of all sizes and across many industries to understand their legal obligations during the COVID-19 pandemic. As more businesses across the country are ordered or voluntarily elect to have a remote work force, they are now reliant on e-commerce and online services. Our Privacy and Data Security team is providing guidance to these businesses on how to safely conduct online transactions and communications while being alert for the risk of malware, phishing attacks, and other data security threats. For more information, please contact Keller and Heckman’s Privacy and Data Security Practice.

Product Safety
Keller and Heckman’s Product Safety team is guiding companies through compliance and assisting them in providing input to local, state and federal officials about the critical nature of their operations during this COVID-19 crisis. This guidance helps them to continue production of child-resistant packaging to protect children from accidental ingestion of life-saving medicines and essential cleaning supplies. Our Product Safety Team also provides advice on safety and regulatory compliance to companies expanding their product lines to respond to changing consumer demand due to the coronavirus. For more information about product safety guidance during this pandemic, please contact Keller and Heckman’s Product Safety Practice.

Product Safety Related Resources 

CPSC Continues Enforcing PPPA Requirements During COVID-19 Crisis
FDA and FTC Issue Warning Letters to Companies Selling Fraudulent Products to Treat or Prevent COVID-19
FTC and FDA Warn Companies About Coronavirus Treatment Claims

Keller and Heckman’s Transportation Practice is helping companies respond to the COVID-19 pandemic by providing practical advice on transportation-related compliance obligations affected by the crisis. We are helping companies interpret and apply the growing number of U.S. Department of Transportation (DOT) COVID-19-related policy statements, including the FMCSA Emergency Declaration (driver Hours of Service requirements), FMCSA COVID-19 Drug and Alcohol Testing Guidance, and PHMSA Notices of Enforcement Discretion addressing the transportation of alcohol-based sanitizers, DOT hazardous materials training, and periodic requalification of certain non-flammable gas cylinders. For assistance on transportation matters, please contact Keller and Heckman’s Transportation Practice.

Transportation Related Resources
DOT to Exercise Enforcement Discretion Regarding Noncompliance with Certain Hazmat Training Requirements
DOT Publishes Answers to FAQ Regarding COVID-19 Guidance
DOT Issues COVID-19 Enforcement Discretion for Cylinder Requalification Requirements
DOT Issues Notice of Enforcement Discretion Regarding the Transportation of Hand Sanitizers to Address COVID-19
DOT Issues Guidance on Hazmat Shipping Papers and Social Distancing
DOT Provides More COVID-19-Related Enforcement Discretion – Periodic Retesting of Certain Packaging & Materials of Trade Exception for Carriers

FMCSA Grants Three-Month Waiver from Pre-Employment Controlled Substances Testing Requirements for Certain Drivers



Additional Health and Government Resources
FDA – Coronavirus FAQ
Centers for Disease Control (CDC) – Information and Guidelines
World Health Organization (WHO) – Latest Updates