Oregon employers still owe $867,000 for COVID-19 violations
The federal COVID-19 public health emergency ended Thursday, and over the next few weeks Oregon will lift its remaining health-protective measures such as masking, isolation and vaccination requirements.
While pandemic restrictions are ending, outstanding fines for those who violated the rules still must be paid.
An estimated 58 coronavirus-related citations, totaling about $867,000, are currently on appeal or in the collections process, said Aaron Corvin, a spokesperson for Oregon OSHA.
Thousands of complaints
Since March 2020, Oregon OSHA has received an estimated 32,000 complaints alleging COVID-19 violations. It also has received 10,700 non-COVID complaints.
That compares with the 2,000 complaints per year the division typically receives, Corvin said.
During the same period, Oregon OSHA issued an estimated 256 citations, totaling about $980,000, to employers involving violations of requirements to protect workers from COVID-19.
Those fines are the result of an estimated 771 inspections, said Corvin said.
The inspections included complaint-driven enforcement visits, as well as visits where the division examined COVID-19 protocols as part of an inspection that otherwise addressed non-COVID-19 hazards.
Salem gym gets biggest fine
The biggest violator was Salem-based Capitol Racquet Sports, which operates the five Courthouse Club Fitness gyms in Salem and Keizer. Its total penalty, which it has appealed, is $216,749.
In November 2020, Oregon OSHA officials fined Courthouse Club Fitness $90,000 for defying Gov. Kate Brown’s executive order requiring gyms to close as part of a two-week “freeze” aimed at slowing the spread of COVID-19.
Oregon OSHA fined four of the chain’s locations – Battle Creek, Lancaster, West Salem and Keizer – $22,500 each. Each penalty included $17,500 for willfully violating the order, and $5,000 for a serious violation of a Red Warning Notice, which requires an employer to discontinue an unsafe activity.
At the time, Courthouse owner John Miller said in a statement that his business would not survive another shutdown.
The company was fined an additional $126,749 in January 2021 for “willfully continuing to potentially expose employees to the infectious coronavirus,” at the Battle Creek location, according to OSHA officials.
Capitol Racquet Sports has appealed all the fines. The appeals have been transferred to the Worker’s Compensation Board, Corvin said.
Courthouse vice-president Drew Baker did not respond to the Statesman Journal on Friday.
Fines paid, appealed or sent to collections
Once a penalty becomes final, Oregon OSHA tries to set up a payment plan for employers, Corvin said.
If that fails, the division can assign the debt to the Oregon Department of Consumer and Business Services accounts receivable to begin collections. It also can be transferred to the Department of Revenue, which continues to work on collecting payment.
Here are the Lane County employers cited for COVID-19 violations, and the status of the penalties:
Along Came Trudy, Springfield, $9,215: Fined in February 2021 for willfully choosing to disregard capacity limitations for restaurants in an extreme-risk county, and for failing to ensure face coverings were worn inside the establishment. The citation was appealed and transferred to the Workers’ Compensation Board, where it remains.
Along Came Trudy, Springfield, $42,525: Fined in May 2021 for failing to abate initial violations in the original penalty in February 2021. The citation was appealed and transferred to the Workers’ Compensation Board, where it remains.
JGB Enterprises (Twisted River Saloon), Springfield, $18,430: Fined in April 2021 for willfully choosing to disregard capacity limitations for restaurants in an extreme-risk county. Also failed to develop and implement an infection control plan and an exposure risk assessment. The citation was appealed and transferred to the the Workers’ Compensation Board, where it remains.
The New Blue Hen (Little Brown Hen), Florence, $17,800: Fined in February 2021 for willfully choosing to disregard capacity limitations for restaurants in an extreme-risk county. The citation was appealed and transferred to the Workers’ Compensation Board, where it remains.
McKenzie Brown Corp. (The Firehouse Restaurant), Florence, $18,150: Fined in February 2021 for willfully choosing to disregard capacity limitations for restaurants in an extreme-risk county. Also failed to develop and implement an infection control plan and an exposure risk assessment. The citation was appealed and transferred to the Workers’ Compensation Board, where it remains.
Cabela’s Wholesale, Springfield, $2,400: Fined in June 2020 for failing to provide health hazard controls such as physical distancing. The company paid the penalty.
ES&A Sign Corp., Eugene, $930: Fined in March 2022 for failing to ensure the use of facial coverings inside the shop area. The violation was among three other non-COVID-19 violations; The company paid the penalty.
I&N Inc., Veneta, $600: Fined in August 2020 for failing to use health hazard control measures such as physical distancing and face coverings. The company paid the penalty.
Lowe’s Home Centers, Eugene, $700: Fined in November 2020 for failing to protect employees from potential exposure to COVID-19 by ensuring customers wore face coverings. The citation was appealed and transferred to the Workers’ Compensation Board, where it remains.
Quad Investments, Eugene, $600: Fined in February 2022 for failing to ensure all employees wore facial coverings while working at indoor workspaces. The citation was among three other non-COVID-19 violations. The company paid the penalty.
Tracy Loew covers the environment at the Statesman Journal. Send comments, questions and tips to tloew@statesmanjournal.com, 503-399-6779. Follow her on Twitter at @Tracy_Loew
This article originally appeared on Salem Statesman Journal: Oregon employers still owe $867,000 for COVID-19 violations
