In a move that can only be interpreted as a strong-arm warning to other businesses, the Oregon Occupational Safety and Health Administration has released a list of COVID-19 related penalties issued to businesses. Though Oregon OSHA is tasked by the Legislature with ensuring employee safety in the workplace -- their mission statement on their website describes it as "To advance and improve workplace safety and health for all workers in Oregon" -- under the direction of Oregon Governor Kate Brown, OSHA has been tasked with enforcing her questionably legal COVID-19 lockdown restrictions.

According to the summary of citations, "Since March, Oregon OSHA has received about 18,400 complaints related to COVID-19. Since then, we have also received about 3,600 non-Covid complaints. For perspective, in a typical year we receive just over 2,000 complaints." They also claim that "Since March, Oregon OSHA has issued at least 70 citations to employers for violating requirements to protect workers from COVID-19. Penalties for non-willful violations ranged from $100 to $2,000, while penalties for willful violations ranged from $8,900 to $17,500."

As some cities and counties pledge support to businesses that try to open, and many local police and sheriffs are lukewarm or outright refusing to enforce the Governor's edicts, Brown has turned to the bureaucracy, namely Oregon OSHA and to a lesser degree the Oregon Liquor Control Commission to step outside their lane and enforce COVID-19 mandates. Some of the citations are explicitly directed toward customer behavior.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

In the opinion of State Representative Mike Nearman (R-Independence), this represents a crisis in separation of powers. "With few exceptions, all of the Executive branch, which includes OSHA, gets their direction from the legislature. They have no such mandate."

Some activists will see the publication of this list as an opportunity to locate businesses to patronize, to support them as they stand against the Governor. In stark contrast to the March lockdowns, people and businesses are beginning to fight these mandates, oblivious to the penalties. Below are the penalized businesses, arranged by county:

Coos County

• Dalin LLP – North Bend – restaurant willfully failed to follow prohibition of on- premises consumption of food or drink.
  • June 2020
  • Total penalty: $8,900

Deschutes County

• Laui Life Coffee LLC (Kevista Coffee) – Bend – willfully failed to implement face coverings per sector-specific guidance for bars and restaurants.
  • July 2020
  • Total penalty: $8,900

Douglas County

• Mounts Enterprises (Casey’s Restaurant) – Roseburg – willfully failed to follow prohibition of on-premises consumption of food or drink; employer also cited for serious violation of Red Warning Notice.
  • May 2020
  • Total penalty: $13,900

Klamath County

• Annie J Patzke, Patricia A. Barney, Michael Patzke (Casey’s Restaurant) – Klamath Falls – willfully allowed on-premises consumption of food and drink against restrictions, as outlined in Oregon OSHA’s temporary rule, potentially exposing employees to COVID- 19.
  • December 2020
  • Total penalty: $8,900

Lake County

• Howard’s Pharmacy – Lakeview – willfully failed to implement health hazard controls such as face coverings and physical distancing; employer also cited for serious violation of Red Warning Notice.
  • September 2020
  • Total penalty: $9,400

Marion County

• Glamour Salon – Salem – willfully failed to follow executive order prohibiting operation of barber shops and hair salons.
  • May 2020
  • Total penalty: $14,000

• Capitol Racquet Sports Inc. (one of four locations inspected and cited) – Salem – willfully continued to operate fitness center following executive order to close to the public; employer also cited for serious violation of Red Warning Notice.
  • November 2020
  • Total penalty: $22,500

• Capitol Racquet Sports Inc. (two of four locations inspected and cited) – Salem – willfully continued to operate fitness center following executive order to close to the public; employer also cited for serious violation of Red Warning Notice.
  • November 2020
  • Total penalty: $22,500

• Capitol Racquet Sports Inc. (three of four locations inspected and cited) – Salem – willfully continued to operate fitness center following executive order to close to the public; employer also cited for serious violation of Red Warning Notice.
  • November 2020
  • Total penalty: $22,500

• Capitol Racquet Sports Inc. (four of four locations inspected and cited) – Salem – willfully continued to operate fitness center following executive order to close to the public; employer also cited for serious violation of Red Warning Notice.
  • November 2020
  • Total penalty: $22,500

Polk County

• Café 22 West – Salem – willfully failed to implement health hazard controls – such as face coverings and physical distancing; employer also cited for serious violation of Red Warning Notice.
  • September 2020
  • Total penalty: $13,900

Clackamas County

• Cal Farms Inc. – Oregon City – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information for workers.
  • July 2020
  • Total penalty: $0 (other-than-serious)

• Siri and Son Farms Inc. – Clackamas – did not follow requirements of the temporary emergency rule in agriculture, including those related to maintenance and field sanitation notice.
  • September 2020
  • Total penalty: $240

• Space Age Fuel Inc. – Clackamas – failure to provide health hazard controls, including requiring customers to wear face coverings.
  • October 2020
  • Total penalty: $270

Clatsop County

• Bon Esprits Ltd – Seaside – liquor store did not ensure employees were wearing face coverings.
  • August 2020
  • Total penalty: $100

Deschutes County

• Fred Meyer Stores Inc. – Redmond – failure to protect employees from potential exposure to COVID-19, including not providing them – and ensuring they used – health hazard controls such as face coverings.
  • September 2020
  • Total penalty: $700

• Axis Salon LLC – Redmond – failure to implement health hazard controls, including ensuring employees and customers wear face coverings.
  • September 2020
  • Total penalty: $175

• Cascade Sundowners LLC – Terrebonne – failure to implement health hazard controls, including requiring customers to wear face coverings and ensuring employees engage in physical distancing (employer was also cited for violations unrelated to COVID-19).
  • October 2020
  • Total penalty: $480

• BoXiT Fitness Studios LLC – Bend – failure to implement health hazard controls, including ensuring staff and customers wore face coverings.
  • September 2020
  • Total penalty: $175

• T and M Bolken Enterprises LLC – Bend – did not post clear educational signs, as required, including information about face coverings, physical distancing, maximum occupancy, and COVID-19 symptoms.
  • September 2020
  • Total penalty: $0 (other-than-serious)

• Alfalfa Store Inc. – Bend – failure to provide health hazard control measures for employees, including ensuring customers and employees wore face coverings inside and outside the retail establishment; ensuring physical distancing; and posting COVID- 19 health information.
  • October 2020
  • Total penalty: $175

• Scott Wyke (Hammer Down Firearms) – Bend – failure to provide health hazard control measures, including ensuring customers and employees wore face coverings; implementing physical distancing; and posting health information.
  • November 2020
  • Total penalty: $175

Douglas County

• Mounts Enterprises (Casey’s Restaurant) – Roseburg – did not provide health hazard control measures, including ensuring employees – when preparing or cooking food and when seating or serving customers – wore face coverings; and ensuring customers do not sit at the counter when six feet of distance cannot be maintained between them and employees behind the counter.
  • November 2020
  • Total penalty: $280

Grant County

• Chester’s Market Inc. – John Day – failure to implement health hazard control measures to protect employees – working inside and outside the retail outlet – by ensuring customers wore face coverings and posting COVID-19 health information for customers and employees.
  • October 2020
  • Total penalty: $490

Jackson County

• Gold Standard Investment Group LLC – Central Point – did not follow requirements of the temporary emergency rule in agriculture, including adjacent toilet and handwashing facilities; sanitation schedule; and field sanitation information for workers.
  • July 2020
  • Total penalty: $200

• Kelli Bieber – Central Point – did not follow requirements of the temporary emergency rule in agriculture, including adjacent toilet and handwashing facilities; sanitation schedule; and field sanitation information for workers.
  • July 2020
  • Total penalty: $390

• Walker Lang & Associates LLC – Medford – failure to implement health hazard controls, including communicating and implementing a physical distancing policy.
  • August 2020
  • Total penalty: $120

• Rogue Valley Hemp LLC – Medford – did not follow requirements of the temporary emergency rule in agriculture, including those related to toilet and handwashing facilities, and maintenance.
  • September 2020
  • Total penalty: $200

• Humbug Hospitality LLC – Jacksonville – did not follow requirements of the temporary emergency rule in agriculture, including those related to toilet and handwashing facilities, maintenance, and drinking water.
  • September 2020
  • Total penalty: $300

• 5012 Colver Road LLC – Talent – did not follow requirements of the temporary emergency rule in agriculture, including those related to maintenance, physical distancing, toilet and handwashing facilities, and field sanitation notice.
  • October 2020
  • Total penalty: $300

• Pacific Crest Vineyard Services LLC – Medford – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information, including about the rule’s requirements and where workers may file complaints.
  • October 2020
  • Total penalty: $0 (other-than-serious)

• LP Farms LLC – Central Point – did not follow requirements of the temporary emergency rule in agriculture, including those related to toilet and handwashing facilities, and maintenance.
  • October 2020
  • Total penalty: $200

• NV Farms LLC – Central Point - did not follow the maintenance requirement of the temporary emergency rule in agriculture, mandating regular sanitation of toilet facilities to mitigate the potential spread of COVID-19.
  • October 2020
  • Total penalty: $100

• Grace Cascade Christian High School – Medford – operated in-person education against restrictions outlined by Oregon Department of Education and did not ensure all individuals wore face covering while in classrooms, as required by Oregon OSHA’s temporary rule.
  • December 2020
  • Total penalty: $360

Josephine County

• Masterbrand Cabinets – Grants Pass – forest products manufacturer did not provide health hazard controls, including physical distancing and face coverings.
  • May 2020
  • Total penalty: $630

• Dimmick Farms LLC – Merlin – did not follow requirements of the temporary emergency rule in agriculture, including those related to physical distancing officer, maintenance, and field sanitation notice.
  • September 2020
  • Total penalty: $600

Lake County

• JW Kerns Inc. – Christmas Valley – failure to provide health hazard control measures, including ensuring customers and employees wore face coverings while inside and outside the retail establishment; ensuring physical distancing; and posting COVID-19 health information.
  • October 2020
  • Total penalty: $150

Lane County

• Cabela’s Wholesale LLC – Springfield – did not provide health hazard controls such as physical distancing.
  • June 2020
  • Total penalty: $2,400

• I&N Inc. – Veneta – gas station and minimart did not use health hazard control measures such as physical distancing and face coverings.
  • August 2020
  • Total penalty: $600

• Lowe’s Home Centers LLC – Eugene – did not protect employees from potential exposure to COVID-19 by ensuring customers wore face coverings.
  • November 2020
  • Total penalty: $700

Lincoln County

• Muggly’s LLC – Toledo – bowling alley was open against requirements of Lincoln County’s Phase One status – related to protections against the potential spread of coronavirus – as part of Oregon’s re-opening process.
  • October 2020
  • Total penalty: $175

Linn County

• National Frozen Foods Corporation – Albany – did not provide health hazard controls such as physical distancing.
  • May 2020
  • Total penalty: $2,000

• Barenbrug USA Inc. – Tangent – did not provide health hazard controls such as physical distancing.
  • July 2020
  • Total penalty: $210

Malheur County

• Jimmy Simpson and Janice Simpson (Owyhee Grocery Store) – Nyssa – did not provide health hazard controls, including ensuring customers and employees wore face coverings indoors; limiting the number of customers indoors while focusing on physical distancing; and posting COVID-19 health information.
  • October 2020
  • Total penalty: $105

Marion County

• Silver Creek Auto Parts Inc. – Silverton – failure to implement health hazard controls for employees working inside and outside the retail store, including ensuring customers and employees wore face coverings and increasing physical distancing between employees, as well as between customers and employees.
  • September 2020
  • Total penalty: $280

• C & H Management Inc. – Stayton – hardware store did not provide health hazard controls to protect an estimated 15 employees, working inside and outside store, from COVID-19. Controls such as facial coverings for customers and employees, and physical distancing were not implemented.
  • November 2020
  • Total penalty: $280

Multnomah County

• Indian Ladle LLC – Portland – did not provide health hazard control measures to protect employees, including ensuring employees and customers wore face coverings, and posting health information about COVID-19.
  • December 2020
  • Total penalty: $100

• Dillon & Associates (NW Office Liquidations) – Portland – furniture store was not closed to the public per executive order.
  • April 2020
  • Total penalty: $175

• S&J Entertainment LLC – Portland – adult entertainment club was not closed to the public per executive order.
  • May 2020
  • Total penalty: $100

• City Liquidators Inc. – Portland – furniture store was not closed to the public per executive order.
  • June 2020
  • Total penalty: $280

• Etz Hayim Holdings SPC – Portland – failure to implement health hazard controls, such as physical distancing or face coverings (employer was cited for other violations unrelated to COVID-19).
  • October 2020
  • Total penalty: $1,050

• Riverview Restaurant LLC – Troutdale – failure to establish an effective safety committee or hold effective safety meetings that would enable employees to discuss health and safety issues related to COVID-19.
  • September 2020
  • Total penalty: $120

• The Farm on Sauvie Island LLC – Portland – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information for workers.
  • September 2020
  • Total penalty: $0 (other-than-serious)

• PetSmart Inc. – Portland – failed to protect employees from potential exposure to COVID-19 by ensuring customers wore face coverings.
  • October 2020
  • Total penalty: $700

Tillamook County

• Terry Phillips (Killer Coffee) – Tillamook – did not implement health hazard control measures including providing face coverings to employees and ensuring they wore them while they served the public and when six feet of distance could not be maintained between employees indoors.
  • November 2020
  • Total penalty: $280

Washington County

• Unger Farms Inc. – Cornelius – did not provide one handwashing facility per 10 employees per the temporary emergency rule in agriculture.
  • July 2020
  • Total penalty: $0 (other-than-serious)

• Unger Farms Inc. – Cornelius – did not follow requirements of the temporary emergency rule in agriculture, including those related to toilet and handwashing facilities; general physical distancing; drinking water; maintenance; and reasonable use of facilities.
  • November 2020
  • Total penalty: $800

• Old Trapper Smoked Products Inc. – Forest Grove – did not provide health hazard controls, including physical distancing; face coverings; or barriers.
  • June 2020
  • Total penalty: $700

• Oregon Berry Packing Inc. – Hillsboro – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information for workers.
  • August 2020
  • Total penalty: $0 (other-than-serious)

• West Union Gardens Inc. – Hillsboro – did not follow requirements of the temporary emergency rule in agriculture, including those related to drinking water; toilet and handwashing facilities; field sanitation notice; physical distancing officer; and disease prevention.
  • August 2020
  • Total penalty: $350

• Krueger’s Tree Farm Inc. – North Plains – did not follow requirements of the temporary emergency rule in agriculture, including those related to physical distancing officer and general physical distancing (employer was also cited for violations unrelated to COVID- 19).
  • November 2020
  • Total penalty: $100

• Mod Super Fast Pizza LLC – Sherwood – did not implement health hazard controls, including ensuring customers who were not eating or drinking wore face coverings.
  • September 2020
  • Total penalty: $300

• Gaston Nursery LLC – Gaston – did not follow requirements of the temporary emergency rule in agriculture, including those related to maintenance; disease prevention; toilet and handwashing facilities; physical distancing officer; and field sanitation notice.
  • October 2020
  • Total penalty: $360

• Gaston Nursery LLC – Hillsboro – failed to ensure toilet facilities were cleaned when necessary and sanitized at least three times daily to mitigate the spread of COVID-19.
  • November 2020
  • Total penalty: $180

Yamhill County

• J Bacon Farms LLC – McMinnville – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information for workers.
  • October 2020
  • Total penalty: $0 (other-than-serious)

• Jacinto Espinoza Labor LLC – McMinnville – did not follow the requirement of the temporary emergency rule in agriculture to provide field sanitation information for workers.
  • September 2020
  • Total penalty: $0 (other-than-serious)

--Staff Reports

Post Date: 2021-01-03 14:21:53

Last Update: 2021-01-04 17:22:15