May 28, 2020 | Vol. 70, No. 11

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In This Issue

Dear PEI Member:

The Occupational Safety and Health Administration (OSHA) issued guidance on May 19 for when employers should treat employees’ COVID-19 diagnoses as recordable illnesses.

The guidance, which took effect May 26, requires that employers make a “reasonable and good faith inquiry” into the facts of each case. A COVID-19 illness is recordable unless after such inquiry the employer cannot determine whether workplace exposure more likely than not caused the illness.

To determine the sufficiency of the employer’s inquiry, OSHA will look at three factors.

1. Reasonableness of the Investigation
“In most circumstances,” OSHA states, a reasonable investigation will include:

  • Asking the employee how he/she believes the COVID-19 illness was contracted.
  • Discussing with the employee all activities — on or off the job — that might have led to the illness. These discussions must respect the employee’s privacy rights.
  • Reviewing the employee's work environment for potential exposure.

2. Evidence Available to the Employer
Employers must evaluate only information that is “reasonably available.” However, the OSHA guidance does not define “reasonably available.”

3. Evidence the Illness Was Contracted at Work
Assuming no alternative explanation exists, OSHA likely will conclude an illness is work-related if:

  • Several cases developed among workers who work closely together.
  • The employee contracted the illness shortly after lengthy, close exposure to a customer or co-worker with COVID-19.
  • The employee’s job involves frequent, close exposure to the public in a locality with ongoing COVID-19 community transmission.

OSHA Issues COVID-19 Reporting Guidance

Olympic Champ to Speak at PEI Convention

PEI Convention Preparedness Plans

Mastercard Extends EMV Deadline, Expands Customer Protections

PEI Opens Comments on RP800




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Similarly, the illness likely is not work-related if:

  • The employee is the only worker in the vicinity who contracted COVID-19 and his/her job does not involve frequent contact with the general public.
  • The employee closely and frequently associates with someone outside the workplace who has COVID-19.

You can read the full guidance here.

PEI Women members and those interested in joining PEI Women are invited to hear Olympic Gold Medalist Carly Patterson speak on “Redefining Success” Oct. 11 at the 2020 PEI Convention.

When Patterson captured the All-Around Gold Medal in Women's Gymnastics at the 2004 Olympics, she was the first U.S. woman to do so in 20 years. Shortly after the competition, a back injury forced Patterson to retire from the sport. The lessons she has learned in the years since fuel her perspective on success, fulfillment and taking risks  — and her humorous, down-to-earth communication style is the perfect vehicle for that message.

PEI will announce more convention speakers over the next few weeks at

Early bird convention registration is $295 (members) and $495 (nonmembers). After June 24, rates will increase to $445 (members) and $645 (nonmembers). Companies registering five or more attendees receive additional discounts.

Preparedness plans for the 2020 PEI Convention at the NACS Show, Oct. 11-14 in Las Vegas, are evolving daily. For the latest on this year’s precautionary measures, policies and procedures, click here.

PEI is pleased to announce that the Las Vegas Convention Center, host of this year’s convention, is participating in the new Global Biorisk Advisory Council (GBAC) STAR program. GBAC STAR accreditation recognizes a facility’s commitment to:

  • Establish and maintain a cleaning, disinfection and infectious disease prevention program to control and/or minimize risk from infectious agents such as SARS-CoV-2 (responsible for COVID-19 disease) for employees, customers, clients, visitors, the community and the environment.
  • Provide assurance and establish confidence that proper cleaning, disinfection, and infectious disease prevention work practices are implemented.
  • Establish a framework for communicating and raising awareness of best practices for cleaning, disinfection and infectious disease prevention.

For the complete list of GBAC STAR performance metrics, click here.

The U.S. Department of Agriculture (USDA) began accepting Higher Blends Infrastructure Incentive Program (HBIIP) grant applications on May 15. The $100 million HBIIP program is designed to accelerate fueling system upgrades for ethanol blends above E10 and biodiesel blends above B5. Convenience stores, hypermarkets, fleet fueling facilities, terminals and other distribution facilities may apply for grants of up to half of eligible costs, with a maximum grant of $5 million per project.

Applications must be submitted by Aug. 13. The USDA plans to announce awards in mid-September. Projects must be completed within 18 months. Program details and the online application are available at

As expected, Mastercard joined Visa, American Express and Discover in extending the EMV forecourt liability shift deadline to April 16, 2021. In its May 18 announcement, Mastercard also introduced steps to protect consumers at retail fueling locations that have not yet upgraded to EMV dispenser terminals. The new protections include:

  • Providing banks with enhanced fuel fraud transaction data to inform authorization decisions and prevent fraud.
  • Arming retailers at high-fraud locations with more details about their fraudulent transactions.
  • Requiring that high-fraud fuel retailers develop a remediation and mitigation plan.
  • Educating fuel marketers about the importance of upgrading to EMV terminals.

PPP Loan Forgiveness.
The U.S. Small Business Administration (SBA) released the Paycheck Protection Program (PPP) loan forgiveness instructions and application form, as well as an Interim Final Rule to govern the loan forgiveness process.

PPP Flexibility Act. The U.S. House of Representatives today passed the Paycheck Protection Program Flexibility Act by a vote of 417-1. The bipartisan bill:

  • Extends the loan maturity of the unforgiven portion of a PPP loan to a minimum of five years.
  • Extends the covered period from June 30 to Dec. 31, 2020.
  • Changes the time during which a loan must be spent from eight to 24 weeks.
  • Removes the mandate that 75% of a PPP loan must be spent on payroll by forbidding the SBA Administrator from limiting the non-payroll portion of a loan.

The bill now moves to the U.S. Senate for consideration. Read the National Association of Wholesaler-Distributors’ letter supporting the legislation here.

COVID-19 Liability Protection for Businesses. PEI joined the U.S. Chamber of Commerce and more than 230 other associations in a May 27 letter urging Congress to provide businesses with protection from the expected surge of coronavirus liability lawsuits. The letter stresses that frivolous lawsuits would slow the reopening of the economy and unnecessarily drive many companies out of business.

PEI is seeking comments on PEI/RP800: Recommended Practices for Installation of Bulk Storage Plants.

The recommended practices in PEI/RP800 consolidate information from equipment manufacturers, contractors, installers, bulk plant facility owners and regulators for the construction of new bulk storage systems. The document applies to underground, aboveground, atmospheric and shop-fabricated tanks, single- and double-walled horizontal and vertical tanks, piping, diking, and spill containment equipment used for the bulk storage and transfer of petroleum, biofuels and related products.

To submit suggestions for improving RP800, visit and click the “Comment Now” button. To be considered for the next edition, comments must be submitted by Tuesday, June 30.

Greg Savage
, age 70, died May 19. For the past 44 years, Savage and his brother Brian had been the third-generation co-owners of Savage Associates Inc. in Martinsville, New Jersey. Later this year, the fourth generation of the Savage family, Brian’s son Mark and Greg’s son John, will assume ownership to continue the company’s growth in New England, Florida and the Middle East.

Petroleum Containment Inc.
appointed Boston McDermott to represent the company in Alaska, Hawaii, Oregon and Washington.
Tanknology Inc. announced the acquisition of Compliance Testing and Technology Inc. (CT&T), a Cedarburg, Wisconsin-based provider of aboveground and underground storage tank compliance services.

South Dakota ethanol organization.
American Coalition for Ethanol (ACE), 5000 S. Broadband Lane, Suite 224, Sioux Falls, SD 57108, applied for affiliate division membership. Ron Lamberty is senior vice president of the organization, which was established in 1988. ACE represents ethanol producers and others interested in expanding the availability and use of ethanol in fuel. Sponsored for PEI membership by Chris Santy, Patriot Capital Corp., Atlanta, Georgia.

New York service company. M & Y Pump Services Inc., 42 Hallock Ave., Smithtown, NY 11787, applied for service and construction division membership. Umit Ayazoglu is manager for the firm, which was established in 2018. M & Y Pump Services Inc. provides maintenance and service for gas station equipment, including dispensers, tank monitoring systems, POS systems and piping. Sponsored for PEI membership by James Taylor, Walter’s West End Supply Inc., Lindenhurst, New York.

Texas construction company. C & J Petroleum, P.O. Box 1470, Temple, TX 76503, applied for service and construction division membership. Chuck Nadeau is a partner in the company, which was established in 2013. C & J Petroleum provides site support for ground-up construction and remodels of convenience stores. Sponsored for PEI membership by Lydia Cowie, White Tucker Co., Houston, Texas.

COPPSA Group S. A.,
Avenida Armada Argentina 168, Córdoba, X5016DFO Argentina, requested the transfer of its PEI membership from the distributor division to the service and construction division. COPPSA Group S.A. has been a PEI member since 2001.

Tanknology Inc., 11000 N Mopac Expressway, Suite 500, Austin, TX 78759, requested the transfer of its PEI membership from the manufacturer division to the service and construction division. Tanknology Inc. has been a PEI member since 1989.

Arkansas Testing Services LLC, 1434 Pike Ave., North Little Rock, AR 72114, requested the transfer of its PEI membership from the distributor division to the service and construction division. Arkansas Testing Services LLC has been a PEI member since 2002.

MIBA Inc. dba Reliable Construction Services, 20 Innovation Court, Dayton, OH 45414, requested the transfer of its PEI membership from the distributor division to the service and construction division. MIBA Inc. dba Reliable Construction Services has been a PEI member since 2016.

Advanced Petroleum Services Inc., 467 Brownsdale Road, Renfrew, PA 16053, requested the transfer of its PEI membership from the service and construction division to the distributor division. Advanced Petroleum Services Inc. has been a PEI member since 2009. The company represents Gilbarco Veeder-Root, ZCL Composites/Xerxes Corp., Petroleum Containment Inc., Morgan Bros. Co., Riverside Steel, Esco Mfg. Co., Superior Canopy, Emco Wheaton, Freedom Electronics, Federal Process, RDM, Petro Clear (Champion Labs), Irpco, Cree Lighting and Husky Corp..

Durapipe, Swaffield Park, Hyssop Close, Hawks Green, Cannock, Staffordshire, WS11 7FU  United Kingdom, requested the transfer of its PEI membership from the distributor division to the manufacturer division. Durapipe has been a PEI member since 1999.  The company manufactures pipe systems, fittings and valves that are sold primarily through distributors.


  • Gagandeep Bains, Bains Invs Inc., Okanogan, Washington (operations and engineering)
  • Arkoma Services, Magazine, Arkansas (service and construction)
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The TulsaLetter is published two or three times each month by the Petroleum Equipment Institute. Richard C. Long, Editor. Opinions expressed are the opinions of the Editor.