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Farm workers can apply in-person for the Farm and Food Workers Relief Program at 3 sites in New York in October

by Elizabeth Higgins, Eastern NY Commercial Hort Program, CCE

Frontline farm workers and meat packing workers who were employed sometime between January 27, 2020 and May 11, 2023 are eligible to receive a $600 Farm and Food Workers Relief Program payment from the federal government.  Although many workers have received this payment already, there are still eligible workers in New York.  Are any of them on your farm?  The window of opportunity to apply for these funds is closing and we want to help you help your workers receive this benefit.

The Agricultural Workforce Development Council of New York State is collaborating with PASA (Pennsylvania Sustainable Agriculture Association) to offer three in-person events in New York State at the end of October where workers can sign up for the program in person.  They will be:

  1. Western, NY: October 22 (10-4) and October 23 (9-4) at the Wallington Fire Department, 7863 Ridge Road, Sodus, NY 14551
  2. Capitol District, NY: October 25 (9-4) at the Washington County Fairgrounds, 392 Old Schuylerville Rd, Greenwich, NY 12834
  3. Hudson Valley, NY: October 26 (9-4) at the CCE Ulster County office, 232 Plaza Rd, Kingston, NY 12401

Applicants must provide acceptable (1) photo identification and (2) proof of employment as a farm worker or meatpacking worker within the U.S. and its territories during the period between January 27, 2020 and May 11, 2023.  Youth (under the age of 18) are eligible for a relief payment. Youth must provide the same documentation as described below.

Acceptable photo identification includes:

  • State-issued driver’s license or identification
  • Consular- or government-issued identification (foreign or domestic)
  • H2A Visa or H2B Visa
  • Employer-issued identification

Acceptable proof of employment includes:

  • W-2 tax form from 2020, 2021, or 2022
  • Pay stub that pre-dates May 11, 2023
  • Employment contract
  • Letter from an employer, including employee name, occupation, work performed, time period employed, and employer signature
  • H2A Visa or H2B Visa

PASA staff will be on-hand to enroll eligible workers who have not yet received their federal payments.  At these events, workers will receive a payment card, so it will be beneficial for workers who do not maintain US bank accounts.

You can learn more about the program and confirm eligibility at www.farmworkers.org.  If you cannot make an in-person event you can still apply for the program online at that website.  You can also check the status of your application if you have already applied.

I have heard from farms who said that their employees applied but did not hear back.  According to PASA they have had applications that were missing information but did not have a good contact number to reach the applicant, so they advised contacting them directly as it is possible that the worker is eligible but there is an error in the application.  If you have questions about the program, contact PASA at (833) 469-3397 or by email at support@pasafarming.org.

$600 COVID relief funds still available for farm employees

New York employers should direct employees to Pasa’s Farm and Food Workers Relief Program (farmworkers.com) to receive their $600 relief payment.

The U.S. Government budgeted $667 million in grant funding “to defray worker expenses incurred preparing for, preventing exposure to, and responding to the COVID-19 pandemic.” USDA distributed the funds to fourteen nonprofit organizations, find more details at this USDA site. The funds are supposed to be distributed to frontline farm and food employees who worked in the U.S. during the COVID-19 pandemic. For New York farmers, a trusted partner to direct employees to receive this payment is Pasa Sustainable Agriculture.

Pasa set up a dedicated website to administer the Farm and Food Workers Relief Program. NY employers should direct employees to this website farmworkers.com to access this payment if they are eligible. All details about eligibility and other matters can be found at the Pasa site, but it is minimal, consisting of photo identification and proof of employment.

Pasa’s team of Customer Support associates are available for assistance via email at support@pasafarming.org (English) and aypoyo@pasafarming.org (Español). You can also reach them via phone toll free at (833) 469-3397 during the following hours:

Monday, 4–8 pm (EDT)
Tuesday, 11:30 am – 2:30 pm (EDT)
Wednesday, 11:30 am – 2:30 pm; 4–8 pm (EDT)

Pasa also developed a flyer about the program in English and Spanish, download here: Pasa FFWR Flyer – English – Spanish

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H-2A Employees Entering the U.S. Must Continue to Prove They Are Vaccinated

The Department of Homeland Security yesterday clarifying that H-2A workers, and other travelers to the U.S., must continue to prove they are vaccinated. Basics and a link with details follows:
“Non-U.S. travelers entering the United States via land ports of entry and ferry terminals, whether for essential or non-essential reasons, must continue to:
  • verbally attest to their COVID-19 vaccination status;
  • provide, upon request, proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
  • present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
  • be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.”
DHS Extends COVID-19 Vaccination Requirements for Non-U.S. Travelers Entering the United States via Land Ports of Entry and Ferry Terminals

NYS HERO Act Plans No Longer in Effect

New York State employers are no longer required to implement their workforce safety plans. The NYS Department of Health removed the designation of COVID-19 as a serious risk to public health on March 17. As a reminder, employers need to have a HERO Act ready to go, but it can be put on the shelf when a public health threat is not identified by New York State.

See notice from NYS Department of Health below:

NYS HERO ACT

The New York Health and Essential Rights Act (NY HERO Act) was signed into law on May 5, 2021. The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. The purpose of the NY HERO Act is to protect employees against exposure and disease during a future airborne infectious disease outbreak.

Under this law, the New York State Department of Labor (NYS DOL), in consultation with the NYS Department of Health, has developed an Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectiousdisease. Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.

The airborne infectious disease exposure prevention plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health. When designated, employers are required to provide a copy of the adopted airborne infectious disease exposure prevention plan and post the same in a visible and prominent location within each worksite. Templates and resources are available below.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.

Inquiries about the HERO Act can be emailed to Airborne.Infectious.Diseases@labor.ny.gov.

For more information: https://dol.ny.gov/ny-hero-act

Vaccinated Farm Employee Quarantine Period Reduced to 5 Days

With the widespread cases of the COVID-19 Omicron variant, some farm employers have had difficulty staffing regular operations due to employees in quarantine. In many cases, the employees are asymptomatic and would like to be back at work. New York Department of Health recently released: “Advisory on Shortening Isolation Period for Certain Fully Vaccinated Healthcare Workers and Other Critical Workforce.” Farm employees and other agricultural workers are included in the “critical workforce,” this means that fully vaccinated and asymptomatic individuals can return to work after 5 days of quarantine rather than the 10 that was formerly required. Read the NYSDOH Advisory for full details.

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NYS COVID-19 Paid Leave Update

The following post clarifying NYS COVID-19 paid leave requirements appeared in NEDPA’s e-newsletter on October 18, 2021. This applies to all NY farm employers so we’re re-posting for everyone to see.

NYS COVID-19 Paid Leave Update

We have been receiving more inquiries from members on COVID-19 exposure and leave requirements. One scenario involved an employee that had tested positive but had already used up their vacation/sick time. After reaching out to NYS Department of Agriculture and Markets and Department of Labor for clarification on COVID-19 leave, we are sharing the guidance and resources they provided below:
Under NYS COVID-19 Paid Leave, an employee can access the benefit on 3 separate occasions (2nd and 3rd time the employee must be positive).  If an employee notifies the employer that they were tested, the employer can ask if a precautionary order of quarantine/mandatory isolation order was issued.  If the answer is no, the employer can reasonably assume that the employee tested negative.  This information is important for the employer to have because it will trigger (potentially) their obligations under the NYS COVID-19 paid leave.

This benefit does not sunset and is to be provided regardless of employee vaccination status.

Helpful Links:

Last week we shared a scenario in which an unvaccinated employee was exposed at home and received a quarantine order. CLICK HERE to read an update from Cornell Agriculture Workforce Development “Essential Employee” Definition Expired: Quarantine Orders Apply to Unvaccinated Farm Employees” for clarification on quarantine requirements.

Specialty Crop Growers and Processors: Apply for Grant to Cover COVID Costs

Specialty crop growers and many processors are eligible to apply for federal grant funding to cover the costs of pandemic-related improvements to prevent the spread of COVID. This includes improvements to worker housing.

See the post from CCE’s Elizabeth Higgins below and join her for an informational webinar tonight, October 13th (Wednesday) at 6:30 pm.  To register go to https://cornell.zoom.us/webinar/register/WN_p2QHV1wPQbeJIt8ufrgLgA.

If your farm or food business is an SBA “small business” you may be eligible for funding for grants to help you respond to coronavirus.

Elizabeth Higgins, Ag Business Management Extension Specialist

The recently announced USDA Pandemic Response and Safety (PRS) Grant Program provides grants between $1,500 to $20,000 to farmers of eligible commodities[1][2], businesses that provide post-harvest packing and sorting of specialty crops, food processors/manufacturers (including meat slaughter and processing), food wholesalers (including food hubs), all farmers markets, and businesses offering refrigerated warehousing and storage of food products to respond to coronavirus, including for measures to protect workers against COVID-19.   This is the link to the website for the program Pandemic Response and Safety Grant Program – usda (grantsolutions.gov).

Important Dates:

  • Application period opens October 6, 2021
  • Application period closes at 11:59 p.m. Eastern Time on November 22, 2021
  • All applications submitted before the deadline will be considered for funding. Applications will not be reviewed on a first come, first served basis.

What is eligible for funding?

The grant covers:

  1. Workplace Safety Measures: Workplace safety measures, including, but not limited to, personal protective equipment, sanitizer, hand washing stations, air filters, thermometers, cleaning supplies, or similar items.
  2. Market Pivots: Market pivots such as transition to virtual/online sales costs (online platform development and fees, online marketing, credit card processing fees), supplies, new signage.
  3. Retrofitting Facilities: Retrofitting facilities for worker and consumer safety (plexiglass, walk up windows, heat lamps, fans, tents, propane, weights, tables, chairs).
  4. Transportation: Additional transportation costs incurred to maintain social distancing.
  5. Worker Housing: Additional worker housing costs incurred to maintain social distancing or to allow for quarantining of new or exposed employees.
  6. Medical: Unreimbursed costs associated with providing or enabling vaccinations, testing, or healthcare treatment of infected employees, including any paid leave.

You may request funds for costs already incurred and/or anticipated costs. The costs must be associated with eligible activities/outcomes implemented between January 27, 2020, and December 31, 2021. Funds will be sent as a single payment at the time of award.

 What should you do to be ready to apply?

Applicants will be required to obtain a DUNS Number from Dun & Bradstreet (D&B) prior to applying for this program. D&B has created a custom landing page to streamline this process. Visit the application website (https://usda-ars.grantsolutions.gov/) for more information.  DO THIS ASAP!

Are You Eligible?

USDA is focusing this first round of funding on 1) certain small sized producers, 2) food processors and distributors that meet small business size standards, and 3) farmers markets . The determination as to whether a farm is an SBA small business is different than USDA definitions for a small farm.  For example, a small apple farm is a farm whose revenue is $5,000,000/year or less over a 3 year average.

Check whether your farm or business is a “small business” using this link.  Eligibility Info – usda (grantsolutions.gov).  This eligibility link also lists the eligible business types for this round of funding.

What if I am Not Eligible?

USDA is focusing this first round of funding on certain commodities due to the unique impacts of the pandemic on their businesses. According to the website, USDA may expand eligibility in future rounds of funding to include additional businesses not covered by the first round. Future rounds are dependent upon availability of funds.

What if I have more than one type of eligible business (e.g. a farm and a packing house), can I apply for more than one grant?

If the operations are registered as separate business entities with unique DUNS numbers and meet the PRS eligibility requirements, then each entity may apply for PRS funding.

For More Information

I will have a program on applying for this program on October 13th (Wednesday) at 6:30 pm.  To register go to https://cornell.zoom.us/webinar/register/WN_p2QHV1wPQbeJIt8ufrgLgA.

For more information contact me (Liz Higgins) emh56@cornell.edu.

[1] Eligible Crops: Dry Pea and Bean Farming; Vegetables; Fruit (including tree fruit and grapes), Tree Nuts; Mushrooms, Food Crops Grown Under Cover; Nursery and Tree Production.

[2] Aquaculture and Apiculture

“Essential Employee” Definition Expired: Quarantine Orders Apply to Unvaccinated Farm Employees

Key Messages:

  • Farm employees are no longer exempt from quarantine orders.
  • The “essential” employee designation for farm employees ended when the state terminated the COVID-19 executive orders.
  • Generally, vaccinated people can continue working after an exposure to COVID-19, the unvaccinated must quarantine.

Farm employees remain essential to farms and to the food supply but the term “essential worker” as used during COVID-19 pandemic has now expired. As of June 25, 2021, most of the COVID executive orders were rescinded, including all exemptions for essential workers. This is important for farm employers because under the executive orders, “essential workers” could continue to work even when under quarantine restrictions due to a COVID exposure.

Recently, an unvaccinated farm employee was exposed to COVID-19 at home when two of his family members tested positive. The employee does not have symptoms (asymptomatic) and has monitored his temperature for fever each day before going to work. The employee has been wearing a mask and social distancing when around other employees for the last 5 days since his exposure to the positive cases. The employee was contacted by the local department of health and asked to quarantine.

The farm employer asked through Northeast Dairy Producers Association (NEDPA) whether “essential” farm employees were still exempt from quarantine orders. A response came from the NYS Department of Health through the Department of Ag and Markets, as follows:

“The employee, who is a contact to a case, should have received an order to quarantine from their local health department and should be in quarantine. There is no longer an exemption for essential workers. The term and definition for an essential worker was part of an executive order. When the executive orders expired, so did the definition of an essential worker. The contact should follow the orders provided by the Local Health Department.”

Vaccination status is important in this situation. According to CDC, fully vaccinated employees who have no symptoms of COVID-19 do not need to quarantine. They can continue to work while wearing a mask and getting tested as outlined in the CDC resources below.

CDC Resources (updated on October 4th)

For Anyone Who Has Been Around a Person with COVID-19

Anyone who has had close contact with someone with COVID-19 should quarantine for 14 days after their last exposure to that person, except if they meet the following conditions:

Someone who has been fully vaccinated and shows no symptoms of COVID-19 does not need to quarantine. However, fully vaccinated close contacts should:

  • Wear a mask indoors in public for 14 days following exposure or until a negative test result.
  • Get tested 3-5 days after close contact with someone with suspected or confirmed COVID-19.
  • Get tested and isolate immediately if experiencing COVID-19 symptoms.

What are the public health recommendations for close contacts who have ongoing exposure to COVID-19?

Close contacts with ongoing exposure who are unvaccinated or not fully vaccinated

People who are unvaccinated or not fully vaccinated and have ongoing exposure to COVID-19 should

  • Get tested immediately when they are identified as a close contact.
  • Begin quarantine immediately and continue to quarantine throughout the isolation period of the person with COVID-19.
  • Continue to quarantine for an additional 14 days starting the day after the end of isolation for the person with COVID-19.
  • Get tested again 5-7 days after the end of isolation of the infected household member.
  • Wear a mask when in contact with the person with COVID-19 throughout the person’s isolation period.
  • Wear a mask when in contact with other people in the home until quarantine ends.
  • Isolate immediately if they develop symptoms of COVID-19 or test positive.

Close contacts with ongoing exposure who are fully vaccinated

People who are fully vaccinated and have ongoing exposure to COVID-19 should

  • Get tested 3-5 days after their first exposure. A person with COVID-19 is considered infectious starting 2 days before they develop symptoms, or 2 days before the date of their positive test if they do not have symptoms.
  • Get tested again 3-5 days after the end of isolation for the person with COVID-19.
  • Wear a mask when in contact with the person with COVID-19 throughout the infected person’s isolation period.
  • Wear a mask indoors in public until 14 days after the infected person’s isolation period ends or until the fully vaccinated close contact receives their final test result.
  • Isolate immediately if they develop symptoms of COVID-19 or test positive.

By Alyssa Kealy, NEDPA and Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution. The post “Essential Employee” Definition Expired: Quarantine Orders Apply to Unvaccinated Farm Employees appeared first in The Ag Workforce Journal.

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USDA Grant to Help Growers with COVID-related Costs Workplace Safety Measures

Specialty crop producers such as fruit, vegetable, and grape operations, with revenues less than $5million are eligible to apply for smalls grants to cover the costs of COVID-related improvements. Examples include: personal protective equipment (PPE), retrofitting facilities for worker and consumer safety, shifting to online sales platforms, transportation, worker housing, and medical costs. The minimum funding request is $1,500 and the maximum funding request is $20,000. Application closes November 22, 2021, details and links from USDA are below.

Application Period Opens for Pandemic Response and Safety Grant Program to Provide Relief to Small Producers, Processors, Distributors and Farmers Markets Impacted by COVID-19

The U.S. Department of Agriculture (USDA) today announced a Request for Applications (RFA) for the new Pandemic Response and Safety (PRS) Grant program and encourages eligible entities to apply now for funds. Applications must be submitted electronically through the grant portal at https://usda-prs.grantsolutions.gov/usda by 11:59 p.m. Eastern Time on Monday, November 22, 2021. Approximately $650 million in funding is available for the PRS grants, which are funded by the Pandemic Assistance provided in the Consolidated Appropriations Act of 2021.

The PRS Grant program will assist small businesses in certain commodity areas, including specialty crop producers, shellfish farming, finfish farming, aquaculture, and apiculture; specialty crop, meat, and other processors; distributors; and farmers markets. Small businesses and nonprofits in these industries can apply for a grant to cover COVID-related expenses such as workplace safety measures (e.g., personal protective equipment (PPE), retrofitting facilities for worker and consumer safety, shifting to online sales platforms, transportation, worker housing, and medical costs. The minimum funding request is $1,500 and the maximum funding request is $20,000.

The RFA and the PRS Grant Portal provide more details about eligibility for the grant. Eligible entities are required to obtain a free DUNS Number from Dun & Bradstreet (D&B) before applying for this program. USDA has created a custom PRS DUNS number portal at https://support.dnb.com/?CUST=PandemicResponse.

Application resources, including Frequently Asked Questions (FAQs), tip sheets in English and Spanish on applying for a DUNS Number, videos on “How to Apply” and more, are available on the PRS Grant Portal.

For more information, you can also reach out to the PRS help desk, Monday-Friday, 9 a.m.-9 p.m. ET at (301) 238-5550 or usda.ams.prs@grantsolutions.gov.

Check your eligibility, obtain a DUNS number, and learn more about the application process at the PRS Grant Portal.

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NY HERO Act in Effect NOW: Employers Required to Activate Plans and Prevention Measures

On September 6, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under New York State’s HERO Act. This means that all NY employers, including farms, are required to activate their airborne infectious disease plans. Employers should immediately: review and update their plans, provide a verbal review of the plan with all employees, provide written copies to employees, and post a copy of the plan in the workplace. These plans include prevention measures such as: “stay at home” policy, daily health screening, face coverings, physical distancing, etc. See this article from National Law Review: COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act. See this post for details about getting your plan in place.

Failure to comply with the NY HERO Act carries possible fines of $50/day for failing to adopt a plan and $1,000+/day for failing to comply with an adopted plan, according to the National Law Review. The Act also contains very strict measures against employer retaliation against an employee who complains about a lack of workplace safety measures. See the last two paragraphs of the model plan for agriculture.

Sept. 8 Release from New York Farm Bureau reprinted below provides more details:

COVID-19 Designated as an Airborne Infectious Disease Under NYS HERO Act

On Sept. 6, 2021, Gov. Kathy Hochul designated COVID-19 as an airborne infectious disease under the HERO Act, requiring all employers to implement workplace safety plans.

 

The purpose of the HERO Act is to protect employees against workplace exposure during airborne infectious disease outbreaks. Under this new law, the New York Department of Labor has worked with the New York State Department of Health, to develop a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan and industry-specific model plans for the prevention of airborne infectious disease, including an agriculture specific plan.

 

Employers have a choice between adopting the applicable policy template policy and plan provided by NYSDOL or they may establish an alternative plan that meets or exceeds the standard’s minimum requirements. Visit dol.ny.gov/ny-hero-act for industry-specific plans and additional resources.

 

Also, a reminder to agricultural employers in New York State from NYS DOL: COVID19 Paid Leave benefits are still in effect. COVID19 Paid Leave benefits do not have an expiration date. Employers may not make workers use existing sick leave or other leave accruals, in lieu of providing COVID leave benefits. Employers must provide these quarantine benefits regardless of vaccination status. For more information, please click here.