“It’s been very encouraging over the past two weeks the amount of industry collaboration taking place both internationally and in the United States to ensure that our business is being recognized as an essential service,” said Bill Hanvey, president and CEO of the Auto Care Association. He also reminded attendees: “Things are constantly changing and fluid.”

“In light of federal inaction or guidance to the states, governors and municipal leaders have taken the lead in drafting rules and regulations to halt the spread of COVID-19,” said Tom Tucker, Director, State Affairs, with the Auto Care Association. “All 50 states have declared state of emergencies with the majority issuing executive orders.”

Executive order language is vague, “and that is intentional. It provides wiggle room so if [a state] has missed something” the order can be open for interpretation, Tucker said.

“We recognize that business thrives on certainty. Oftentimes the ambiguity of the executive order language works on our behalf,” he said.

A main issue is the determining of the automotive industry as essential services, and there have been important developments on the federal level that are providing a lot of influence on what is happening at the state level, said Aaron Lowe, Senior Vice President, Regulator and Government Affairs with the Auto Care Association.

CISA put out a memo that auto care workers are to be deemed essential. This included employees “who repair and maintain vehicles, aircraft, rail equipment, marine vessels and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers.”

“Many states are referring to this guidance in determining what will be considered essential for the purposes of shut down orders,” Lowe said. “More clarification from the Department of Homeland Security may be forthcoming.”

The Auto Care Association continues to work with the Department of Homeland Security, the National Governors Association and National Association of Counties to ensure the automotive supply chain is also included in “essential services” guidelines.

A joint letter was also sent to the president on March 23 from the Auto Care Association and Automotive Aftermarket Suppliers Association calling for parts manufacturers to be considered essential, along with information sent to the Department of Homeland Security asking for clarification on the supply chain being deemed “essential.”

“This is a time of unprecedented action in state governments,” Tucker said. “We are working nonstop to help not just member companies, but also the industry to assess and understand the implications of these orders and what qualifies as essential services.”

On their website, the Auto Care Association does have a COVID-19 specific page — autocare.org/coronavirus.

If your business has been deemed “essential” in your state, Tucker offered some suggestions. “Pay attention to details. Follow social distancing guidelines; follow guidance on the number of employees in your facility. Disinfect counters, doors and credit card machines. Protect yourself and your employees.” He also recommended using technology when possible for sales calls to limit face-to-face interaction.

For business employees, follow shelter in place recommendations. If an employee is stopped on the way to work, Tucker recommends providing them with a letter with the employee’s name, phone number, facility address, a statement that they are essential, a reference to the state’s executive order and contact information for management to verify the information.

But remember that the “situation is fluid and changes daily and hourly,” Tucker said. “If your business gets a shut-down order, show them the governor’s executive order and contact the Auto Care Association to mediate on your behalf. Use common sense to protection yourself and your employees.”

Lowe then provided some information on the federal legislation to date. Phase 1 is the Coronavirus Preparedness and Response Supplemental Appropriates Act to support relief efforts and testing. This was followed by Phase 2, the Families First Coronavirus Response Act, which dictates how companies with less than 500 employees are required to provide paid leave and a 12-week FMLA benefit to those caring for children whose school or daycare have been closed. It also outlines providing sick time to those who contract COVID-19. Both actions have some restrictions and caps. The Auto Care Association will be hosting another webinar next week to provide more details on this legislation and how it impacts businesses in the industry.

Phase 3 of the legislation is in progress. Currently, the federal government is working on an approximately $2 trillion COVID-19 relief package aimed to help blunt the economic fallout from the coronavirus. An official deal is expected at any time, and currently looks like it could mean $250 billion in small business aid and $1,200 per person and $500 per child for taxpayers, Lowe said.