8A | SATURDAY, FEBRUARY 27, 2021 | SIUSLAW NEWS
OSHA
from 1A
measures, adding that such
behavior “puts employees at
risk and enables the employ-
er to achieve a competitive
advantage over businesses
that choose to comply with
workplace health and safety
standards.”
The following day, cita-
tions for three violations
were issued to The Firehouse
Restaurant in Historic Old
Town. As with the Brown
Hen, fines were similar-
ly high, due in part to the
unwillingness of business
owners and management to
acknowledge the legal re-
strictions in place. Adding to
the violation was the restau-
rant’s decision to continue its
disregard of the state-man-
dated restrictions.
Wood, who issued both ci-
tations in Florence, was ad-
amant that the safety of the
employees was his depart-
ment’s paramount concern.
“Most
employers
are
choosing to do the right
thing, even as they face very
real economic hardships,”
Wood said. “As for those rel-
ative few employers who are
working against our shared
project to defeat this disease,
we will continue our enforce-
ment work in the interest of
accountability.”
Another factor that added
to such high citations was
what OSHA cited as the po-
tential for violence during its
late December and early Jan-
uary visits. It was a concern
that Wood said proved valid
as inspectors were met at the
door by armed individuals
during their Jan. 4 inspection
of the Brown Hen.
“Because of safety concerns,
two compliance officers were
assigned to open the inspec-
tion. When they arrived at
the restaurant, they were met
by several people standing
outside the entrance of the
business — one of whom
carried a firearm,” Corvin
said. “The compliance offi-
Rights, and determining
there was a potential for
armed people to block the
entrance,” said Corvin. “Our
research showed there was
encouragement of people to
be violent toward any com-
pliance officer who visited
the site. If the potential for
armed people to confront our
compliance officers and the
potential for violence cannot
be considered extreme, then
I’m not sure what can.”
One example involved a
social media post made Jan. 4
said she originally closed the
business to the public, but lat-
er decided to re-open it even
though she was aware the de-
cision went against measures
to prevent the spread of the
disease in an “extreme-risk”
county.
Despite repeated attempts
by Siuslaw News for com-
ment regarding the citations,
or the circumstances of the
interactions between busi-
ness owners and OSHA, nei-
ther restaurant responded to
inquiries.
“If the potential for armed people to confront our
compliance officers and the potential for violence cannot
be considered extreme, then I’m not sure what can.”
— OSHA Public Information Officer Aaron Corvin
cers identified themselves
and asked to speak with the
business owner. They were
threatened and told to leave.
The officers politely left. As
the officers walked to their
cars, the people outside the
entrance followed them and
shouted at the officers as they
left the parking lot.”
Corvin added that, because
of the potential for an esca-
lation of conflict, the inspec-
tion of the Firehouse was
handled with extra caution.
“Oregon OSHA decided
to conduct the inspection
[of The Firehouse] by phone
after researching social me-
dia and web content of cer-
tain groups, such as People’s
by area resident Chet “Tank”
Wilson.
“We chased off OSHA from
here and Firehouse today and
we will stand for ANY other
business that want to stand as
Americans,” Wilson said in
his post, which remained on
his Facebook page as of press
time Friday. “ANY govern-
ment agency or official that
wants to come try and mess
with us or my people got an-
other thing coming to ‘em.
Back off or we will back you
off [sic].”
Corvin added that the in-
spection of The Firehouse
included a phone interview
with Kylie McKenzie, man-
ager of the restaurant, who
“Ongoing refusals to cor-
rect violations and come into
compliance with workplace
health and safety standards
can lead to additional high-
er penalties,” said Corvin,
who provided the following
information regarding the ci-
tations:
• In allowing indoor din-
ing, The Firehouse Restau-
rant purposely chose to dis-
regard capacity limitations
imposed by the Oregon
Health Authority (OHA)
for such establishments in
a county designated as Ex-
treme Risk. It was a willful vi-
olation. Oregon OSHA pro-
posed a discretionary penalty
of $17,800.
• The restaurant failed to
develop and implement an
infection control plan. Such
a plan could include rede-
signing the workspace to en-
able physical distancing and
reducing the use of shared
surfaces and tools. It was a
serious violation, carrying a
proposed penalty of $175.
• The restaurant did not
conduct any COVID-19 risk
assessment to identify poten-
tial employee exposure to the
virus and to address how to
reduce such exposure. It was
a serious violation, carrying a
penalty of $175.
Despite yesterday’s change
in risk level for Lane Coun-
ty, Oregon OSHA inspection
violations remain in effect;
the change in risk levels
may affect how the violation
needs to be corrected, but not
whether the fines related to
the original citations will be
adjusted.
Both restaurants have 30
days to appeal.
“We have not yet received
a response from the employ-
er(s) and would not have ex-
pected to receive one prior
to an appeal, a verification
that the violations have been
corrected, or both,” Corvin
said. “During the inspec-
tion, the employer acknowl-
edged the public health rules
and indicated the business
would remain open despite
those rules. If an appeal is
filed — and depending on
its outcome — a fine can be
reduced. But it can also be
upheld.”
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