Maine Legislature 2 STATE HOUSE STATION AUGUSTA, MAINE 04333-0002 (207) 287-1400 TTY: (207) 287-4469 April 13, 2020
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Maine Legislature 2 STATE HOUSE STATION AUGUSTA, MAINE 04333-0002 (207) 287-1400 TTY: (207) 287-4469 April 13, 2020 Mr. Dirk Lesko President General Dynamics Bath Iron Works 700 Washington St. Bath, ME 04530 Dear Mr. Lesko: As you know, COVID-19 projections suggest we may soon be nearing our peak here in Maine. We are all urgently concerned about the impact on our state’s healthcare system, on all patients in critical need, and on our front-line healthcare workers in the battle against this virus. As state legislators from across Maine, we, the undersigned, understand the profound statewide impact of your company. With 6,800 or so workers from all 16 counties passing through your gates each day, your Bath-Brunswick complex is by far the biggest congregate worksite in our state. We recognize, too, your initial steps to protect public health. These include requiring cloth masks of workers, banning the use of private vans for commuting, donation of some of your personal protective equipment (PPE) to the health care system, frequent sanitation, purchase of meals from local restaurants, and an extension of unpaid leave options to May 8th. While these steps are helpful, we implore you to take all additional measures within your powers. We are all aware of the two confirmed COVID-19 cases at BIW, as of this writing. Some of us also have direct reports from other BIW workers who were clinically diagnosed and staying home without testing, due to necessary limits on test availability. We recall past episodes at BIW such as the tuberculosis outbreak in 1989-1990 or the 1918 flu fatalities in the BIW region, and hope to avoid a similar experience. We must all sacrifice at this time to reduce fatalities in Maine. Children are sacrificing by losing more than a third of their school year. Some are especially impacted, such as younger children, at-risk children, those without internet access, and those unable to take SATs. Businesses, including essential businesses like Reed & Reed, are closing, paying workers in the interim, and donating all PPE to those on the front Mr. Lesko, Page Two lines. Workers and volunteers in social services, food systems, sanitation and healthcare are sacrificing by risking exposure, often with inadequate PPE. As you know, BIW and many other businesses have been designated by the Governor as “essential.” This designation allows, but does not require, a private business to stay open. In communicating to workers that you must maintain a “normal work schedule,” you have frequently cited critical infrastructure recommendations from the Department of Homeland Security (DHS). However, designation as critical infrastructure does not bind BIW. Nor does it bind state or local officials. DHS explicitly states that its designation of critical infrastructure is only “guidance,” is “not binding,” and “does not compel any prescriptive action.” Rather, it is a “decision support tool to assist state and local officials” as they balance “public health concerns with infrastructure resilience.”1 While the United States Navy has expressed the desire that you continue to operate, it has also acknowledged expected delays due to COVID-19. As an email to some of us from BIW Vice President and General Counsel Jon Fitzpatrick stated early last week, the Department of Defense (DoD) “has communicated a recommendation (to BIW) to document the contractual impact of the pandemic and submit those claims to the Government,” and will likely allow “an adjustment of cost, schedule or other terms” due to COVID-19. Furthermore, in a letter to each member of Maine’s congressional delegation sent the same day, the then- acting Secretary of the Navy Modly stated that “it is not appropriate for the Navy to direct how a contractor manages its workforce.” Modly’s letter also clarifies that to assist BIW “in protecting the health and safety of their workforce,” the Navy has asked BIW and other contractors “to notify the Government of any impediments that they consider likely to interfere” with timely delivery. He further states that the Navy is working to “positively impact cash flow,” and to ensure “that our contractors… remain solvent and available to support the Navy now and into the future.” According to the Washington Post in an article published on March 24, Boeing temporarily closed two of its defense production programs in Washington State, and U.S. defense contractors overseas have taken similar steps. With these facts in mind, we write to you with great urgency to request additional information. Specifically: 1. In addition to the flexibility the DoD has demonstrated, what more specific DoD actions do you need to be able to order a temporary shutdown as the epidemic peaks in Maine? 2. What benefits does BIW expect to provide for losses suffered by employees who contract COVID-19, or for members of their immediate household who contract it from them? 1 Department of Homeland Security, "Identifying Critical Infrastructure During COVID-19," Frequently Asked Questions section. cisa.gov/identifying-critical-infrastructure-during-covid-19 Mr. Lesko, Page Three 3. What burden of evidence will fall on the worker or their family to access these benefits? 4. What quantities of N95 masks do you currently have in your inventory, and of other PPE previously requested of BIW by Maine’s hospital system? 5. Individual employees report a fear of retribution and/or reassignment for using their unpaid leave option. What reassurance can you provide to employees with this concern? 6. Individual employees report a close proximity of desks and other workspaces, not allowing for six-foot physical distancing. Would BIW object to unannounced inspections of workspaces by state, local or federal health or safety officials to verify compliance with these or other health and safety imperatives? We look forward to your response to these questions, and appreciate your shared interest in protecting public health and in ensuring that Bath Built can continue to be Best Built. Respectfully, Representative Andrew J. McLean Representative Michael F. Brennan Representative Ann Higgins Matlack Representative Michael Gilbert Devin Representative Anne C. Perry Representative Michael A. Sylvester Representative Barbara A. Cardone Representative Michele Meyer Representative Benjamin T. Collings Representative Nicole Grohoski Representative Bruce A. White Representative Patricia Hymanson Representative Catherine Nadeau Representative Pinny Beebe-Center Representative Charlotte Warren Representative Rachel Talbot Ross Representative Chloe Maxmin Representative Ralph L. Tucker Representative Christina Riley Representative Rena Newell Representative Christopher J. Kessler Representative Richard Farnsworth Representative Colleen M. Madigan Representative Roland D. Martin Representative Craig V. Hickman Representative Ryan Tipping Representative Daniel J. Hobbs Representative Sarah Pebworth Representative David Harold McCrea Representative Scott Landry Representative Diane M. Denk Representative Scott W. Cuddy Mr. Lesko, Page Four Representative Donna Bailey Representative Maureen Fitzgerald Terry Representative Donna R. Doore Representative Seth A. Berry Representative Genevieve McDonald Representative Shawn A. Babine Representative Heidi Brooks Representative Stanley Paige Zeigler Representative Henry Ingwersen Representative Stephen S. Stanley Representative Holly B. Stover Representative Thomas Harnett Representative James R. Handy Representative Tiffany D. Roberts Representative Janice E. Cooper Representative Victoria E. Morales Representative Janice S. Dodge Representative Victoria W. Doudera Representative Jeffrey Evangelos Representative Walter N. Riseman Representative Jessica L. Fay Representative William D. Pluecker Representative Kent Ackley Senator Benjamin M. Chipman Representative Kristen S. Cloutier Senator Everett “Brownie” Carson Representative Lois Galgay Reckitt Senator David R. Miramant Representative Lori Gramlich Senator Geoffrey Gratwick Representative Lydia C. Blume Senator Justin M. Chenette Representative Margaret Craven Senator Michael E. Carpenter Representative Margaret M. O'Neil Senator Ned Claxton, Jr. Representative Mark Bryant Senator Shenna Bellows Representative Mattie E.L. Daughtry Senator Susan A. Dechambault Cc: Governor Janet T. Mills U.S. Senator Susan M. Collins U.S. Senator Angus S. King, Jr. U.S. Representative Chellie Pingree U.S. Representative Jared Golden Senate President Troy Jackson Speaker of the House Sara Gideon Chris Wiers, President, IAM Local S6 Jessica Chubbuck-Goodwin, President, IAMAW Local S7 .