A4 The BulleTin • Monday, april 26, 2021
Fines
DEAR ABBY
Write to Dear Abby online at dearabby.com
or by mail at P.O. Box 69440, Los Angeles, CA 90069
Dear Abby: My husband
recently started a new job.
He works with a bunch of
women, which is a switch
from what I’m used to since
all his previous jobs were
with all men.
These women “adore” him,
and I don’t think most are a
threat, but two of them are
very flirtatious, although he’s
not one to notice that stuff.
He says they act like that with
everyone, but I have tried to
explain there are boundar-
ies of what’s acceptable for
how a woman acts toward a
married man. He thinks I’m
overreacting and they don’t
mean anything, but they treat
me differently when he’s not
around.
I am confident he wouldn’t
flirt back, but they seem to
take his kindness as “accept-
ing” their behavior. I don’t
want them to think he thinks
it’s OK, but he doesn’t want
to be rude since they all work
together. What can be done,
and how can I get him to see
what I see? Am I overreact-
ing?
— Stuck Between Quiet or
Confronting
Dear Stuck: You and your
husband will be a lot happier
if you stop obsessing about
his work environment. No-
where in your letter did you
state that your husband has
been unfaithful.
It would be extremely in-
appropriate for you to con-
front his co-workers. If their
“adoration” gets to the point
where he becomes uncom-
fortable, he can either tell
them enough is enough or
enlist the help of his supervi-
sor or his boss.
Dear Abby: I was lunching
with a group of women when
the waiter walked up and ad-
dressed us as “you guys.” Men
would be highly offended if
a waiter approached a table
of men and referred to them
as “you ladies.” To me, there
needs to be another way of
addressing women that does
not insult them and expect
it to be accepted. It would
have been just as easy to say,
“What can I do for you ladies
today?” or something of that
nature.
One of the women at our
table informed the waiter that
we were a group of women,
not men. Was she right to
correct him?
— Patsy in Alabama
Dear Patsy: The use of the
word “guys” is decidedly ca-
sual. I’m sure your server —
who I’ll bet was a young per-
son — didn’t intend to insult
anyone when he addressed
your group as “you guys.”
While I would not have been
offended, clearly your table-
mate was. And because she
was offended, she was right
to speak up — as long as she
did it in a way that didn’t em-
barrass the server.
Dear Abby: My boyfriend
of 11 years has a 16-year-old
son from a previous relation-
ship. Yesterday his son had a
job interview, and not only
did my boyfriend accompany
him into the interview, he
also answered the questions
for his son. I tried to explain
to him that parents don’t do
that, but he thinks I am just
being critical. Doesn’t it look
bad if parents go along into
interviews?
— Baffled in the East
Dear Baffled: It not only
looks bad, it IS bad. It looks
terrible! Your boyfriend is
a helicopter parent, and as
well-meaning as he may be,
he is doing his son no favors.
I would be shocked if the boy
was hired after that interview.
YOUR HOROSCOPE
By Madalyn Aslan
Stars show the kind of day you’ll have
DYNAMIC | POSITIVE | AVERAGE | SO-SO | DIFFICULT
HAPPY BIRTHDAY FOR MONDAY, APRIL 26, 2021: Gentle,
plodding and cautious, take your time for important decisions. This year, you
push yourself out of your comfort zone and accept challenges. Unconditional
support from family allows you to move forward and never look back. Your
finances grow with long-term investments and increases in salary or com-
mission. Take your loved ones on that long-anticipated vacation. If single,
open your heart. If attached, express love through actions. AQUARIUS gets
you to socialize.
ARIES (March 21-April 19)
Pressure could mount from partners who want more than you can
deliver. Distance yourself from those trying to guilt you into going against
your will. Have fun with someone who you know always has your back. To-
night: Chat with family.
TAURUS (April 20-May 20)
Tackle work that requires more effort than usual. This could involve
a paid job or just labor-intensive work around the house. Get it done early.
Saving the best part of your day for last speeds up the pace. Tonight: Light
exercise.
GEMINI (May 21-June 20)
Take a deep breath before reacting to a romantic situation. A friendly
flirtation could be just that and nothing more. Give creativity a chance. Take
an art, music or dance class with no expectations other than expressing your-
self. Tonight: Positive affirmations.
CANCER (June 21-July 22)
Perk up your living space. There could be differences of opinion
about how radically your family wants to make changes. If you want to fix
things up more completely, hire professional help if the job is beyond your
talents. Tonight: Inspired leftovers.
LEO (July 23-Aug. 22)
You’ve got the muscle to promote your ideas to others. Whether
expressing your viewpoint or marketing a product, speak clearly and persua-
sively to get the message across. Take it down a notch, and nobody will be
offended. Tonight: Romantic time.
VIRGO (Aug. 23-Sept. 22)
Cut fat from your budget. Think of one item that your heart is set on
but is out of reach. Start saving for it while you eliminate nonessentials. Treat
yourself well but don’t break the bank. Tonight: Group texts.
LIBRA (Sept. 23-Oct. 22)
Take advantage of more confidence and high energy without burn-
ing the candle at both ends. Pace yourself, and the job will get done with
time to spare. Show off your culinary skills to dinner guests. Tonight: Play a
brain-teasing game.
SCORPIO (Oct. 23-Nov. 21)
Find a lull in your schedule so you can find that quiet space to catch up
on reading. Combine social and volunteer activities, as long as they don’t de-
mand too much of your time and energy. Tonight: Watch a celebrity biopic.
SAGITTARIUS (Nov. 22-Dec. 21)
Speak your mind freely, and others will listen. Your idealism and
earnestness come through loud and clear. Confide in a trusted friend about
hidden fears. Put your mind at rest now that you got it off your chest. To-
night: Outdoor dining.
CAPRICORN (Dec. 22-Jan. 19)
Look over detailed notes for projects you began but never finished.
Discard those that will never see the light of day. Show those that seem
worthwhile to someone who can comment objectively. Tonight: Be honest
with someone you love.
AQUARIUS (Jan. 20-Feb. 18)
Share insights about life and love with a group of like-minded people.
These are not subjects that you openly talk about, so be discriminating. Start
to think ahead toward the summer. Research a destination that appeals to
everyone. Tonight: Takeout specials.
PISCES (Feb. 19-March 20) 8
Things could feel like they are out of control. Don’t let your frustra-
tion get the better of you. Step back and find a solution. Gently but firmly
steer others involved in the right direction. Tonight: Sweat off your nervous
energy.
Brown has since allowed gyms
to reopen.
“There’s folks that seem to
think we have the authority
to put padlocks on doors. We
don’t,” Wood said. “All we can
really do is increase the pen-
alty. There is a lot of room to
increase the penalties.”
Continued from A1
That means businesses the
state believes committed the
most egregious COVID-19
safety violations will be able to
delay fines until long after the
pandemic is over and could
end up paying significantly re-
duced penalties after their ap-
peals are resolved.
The situation illustrates the
limitations of applying Or-
egon’s standard workplace
safety rules to the extraordi-
nary circumstances created by
the pandemic. While Oregon
OSHA tells businesses they
must remedy violations during
the appeals process, the agency
has little power to force those
businesses into compliance
and the state has been unwill-
ing to pursue criminal charges
against repeated violators.
Many businesses have con-
tinued to defy state COVID-19
health restrictions while ap-
pealing their citations, or have
publicly solicited donations to
fight their penalties.
Oregon OSHA says even if
businesses are delaying fines
through appeals, and some
remain hellbent on breaking
the rules, the threat of a fine is
enough to get most businesses
to comply. But that logic is
frustrating to worker rights ad-
vocates.
“We’re talking about a pan-
demic that has resulted in 103
workplace-related deaths in Or-
egon,” said Jess Giannettino Vil-
latoro, political director for Ore-
gon AFL-CIO, one of the state’s
largest labor groups. “There
should be a stronger way to
hold bad actors accountable.”
The appeals process
Safety officials visited Gold
Miner Restaurant in Grants
Pass earlier this year after re-
ceiving multiple complaints
from patrons and a request
from Josephine County Pub-
lic Health. They found that the
restaurant wasn’t requiring that
employees wear masks and had
remained open for indoor din-
ing in violation of state regula-
tions in force at the time.
Nancie Bowers, the restau-
rant’s owner, told officials
during the inspection that she
knew she was violating state
rules, according to Oregon
OSHA. Multiple calls to the
restaurant seeking comment
went unanswered.
On April 6, Oregon OSHA
levied a nearly $18,000 fine
against the restaurant.
Bowers hasn’t officially in-
formed the state whether she
will appeal, but a day after the
citation was issued she launched
a GoFundMe campaign, asking
supporters to donate money
to help the restaurant fight the
fine. The campaign has raised
more than $6,700 so far.
“I believe they have no right
to close my business and al-
low others to be open,” Bowers
wrote. “We practice high stan-
dards to protect our employees
and customers.”
“We are gonna give them a
good fight,” she added.
When Oregon OSHA
hands down a willful viola-
tion, it knows it is likely in for a
time-intensive and sometimes
costly fight.
Oregon OSHA administrator
Michael Wood said even before
the pandemic, the vast major-
ity of businesses that received
willful violations appealed be-
cause those violations come
with larger fines and employers
generally want to avoid hav-
ing them become a permanent
part of their record. If anything,
employers have been even
more keen to appeal willful
COVID-19 safety violations.
“In every one of these cases,
in particular, we’re likely to see
an appeal because, frankly, al-
most without exception, we’re
dealing with employers who
have made a conscious deci-
sion that they aren’t going to
submit to our requirements,”
Wood said. “That makes it un-
likely they would step away
without appealing, even com-
pared to the norm.”
As of April 8, the state had
issued 125 citations to busi-
nesses for violating COVID-19
safety standards.
Nearly 75% of employers
who have received fines for
nonwillful COVID-19-related
violations have already paid.
In the vast majority of those
cases, fines were under $1,000.
Oregon has a history of hand-
ing out fines for non-willful
violations that are significantly
smaller than the national av-
erage, according to annual
The Bulletin file
Kevista Coffee Shop in Bend has been fined by Oregon regulators over
disregarding COVID-19 rules.
reports from the U.S. Depart-
rant’s fine by more than half.
ment of Labor.
In coming to the settlement,
On the other hand, employ-
he said the agency considered
ers cited for intentionally flout-
the timing of the fine — Gov.
ing COVID-19 safety standards Kate Brown allowed restau-
have received fines of between
rants to reopen for indoor din-
$8,900 and $126,749, and al-
ing shortly after Oregon OSHA
most invariably appealed.
inspected Kozy Kitchen — and
After an appeal, Oregon
the fact that a $4,000 fine still
OSHA will try to negotiate an
seemed substantial for a small
agreement with the employer
restaurant with five employees.
during an informal settlement
Wood, though, insists that
conference. If the
the settlement
two sides can’t
“We’re talking about with Kozy Kitchen
reach a settlement,
won’t serve as a
a pandemic that baseline for other
the case will go on
to the Workers’
that
has resulted in 103 businesses
Compensation
flouted COVID-19
Board where an
workplace-related safety standards,
administrative law
especially those
deaths in Oregon. that have been
judge will rule on
the appeal.
There should be fined multiple
The state and
times for repeated
a stronger way to violations.
the employer often
end up spending
“Most of the
hold bad actors
more on legal fees
employers we’re
than the initial fine
citing, we know ar-
accountable.”
when a case goes
en’t going to come
— Jess Giannettino
that far, Wood said.
into compliance
Villatoro, with the
But the burden
simply because we
AFL-CIO, one of Oregon’s cited them,” Wood
falls on Oregon
largest labor groups
OSHA in those
said. “We’ve had
cases to prove that
ongoing activity
the penalties were appropriate.
with them and that certainly
That means the agency has
makes the possibility of a settle-
an incentive to negotiate lesser ment a good deal less likely.”
penalties or violations during
those initial conferences if they Flouting safety standards
aren’t convinced they will pre-
But even if violators could
vail in front of an administra-
pay substantial fines in future,
tive law judge.
those fines aren’t forcing them
A total of 1,629 Oregon
into compliance now when
OSHA violations were resolved workers and patrons are most at
through the appeals process
risk of contracting COVID-19.
over the last three years, with
When the governor man-
43% amended on appeal and
dated that gyms close in No-
12% rescinded, according to
vember with COVID-19 cases
Oregon OSHA data. Oregon
rising throughout the state,
collected 64% of the total value Salem-based gym chain Court-
of penalties issued over the
house Club Fitness refused.
past three years due to a por-
That prompted Oregon
tion of fines being reduced on
OSHA to fine the gym $90,000
appeal. Businesses can also
for operating four facilities in
work out payment plans once
defiance of state regulations.
their appeals are resolved.
The gym appealed the fine and
When safety officials in-
continued operating, calling
spected Kozy Kitchen in North
the state’s regulations unrea-
Bend on May 14, 2020, they
sonable. Many other businesses
found the restaurant open for
have complained about the
indoor dining against state
state’s revolving and what they
health regulations and observed see as arbitrary COVID-19
employees without face masks
safety standards, although the
failing to maintain social dis-
vast majority appear to have
tance, according to field notes.
complied with the rules.
According to the notes,
“I repeat my pledge to sup-
restaurant owner Dave Grover
port any reasonable request to
told Oregon OSHA officials
help in the fight against covid,”
that he was aware he was violat- owner John Miller wrote in a
ing state rules but refused two
since-deleted Facebook post.
requests from the officials to
“Voluntarily bankrupting a
shut down for the remainder of business my members depend
the day. Grover didn’t respond
on for their health, and 300
to a request for comment.
employees depend on for a liv-
The result of the inspection
ing, is not reasonable.”
prompted Oregon OSHA to is-
In January, Oregon OSHA
sue Kozy Kitchen a willful viola- issued the gym a second fine
tion and a fine of $8,900 for re-
of $126,749 for continuing to
maining open for indoor dining. defy Brown’s mandates, by far
After a settlement confer-
the largest fine it has issued for
ence, Wood said, he signed off
a coronavirus violation. Again,
on an agreement that would
the gym appealed.
downgrade the violation to
No other steps were taken
serious and reduce the restau-
to ensure the gym complied.
A Bend business
Kevista Coffee in Bend was
fined $8,900 by Oregon OSHA
in July after the state alleged it
willfully failed to require face
coverings. Like Courthouse
Club Fitness, the coffee shop
appealed and continued to
defy state rules.
Between Dec. 30 and Jan. 5,
five people complained to Ore-
gon OSHA that the cafe wasn’t
requiring masks or physical
distancing. One complaint
noted that the coffee shop was
soliciting donations to help in
its fight against Oregon OSHA,
according to state records.
The agency levied a second
fine of $27,470 against the cof-
fee shop last month for open-
ing up against state regulations
in December. Owners Kevin
and Krista Lauinger have not
yet told the state if they will ap-
peal the second fine. They did
not respond to a request for
comment for this story.
The Lauingers told Oregon
OSHA they were aware of the
rules to shut down in-person
dining but chose to remain
open, according to previous
Bulletin reporting. Signs on the
door explained to the public
that the store was engaged in a
“peaceful protest.”
Oregon OSHA adopted
a temporary COVID-19
rule in November meant to
strengthen its ability to enforce
COVID-19 safety standards,
but beyond issuing fines and
citations the agency has little
power to force businesses into
compliance. And other state
agencies haven’t stepped in.
Liz Merah, a spokesperson
for the governor, said in January
that businesses that violated the
state’s COVID-19 safety stan-
dards could be charged with
Class C misdemeanors, but also
acknowledged the state hadn’t
taken that approach to force
businesses into compliance,
instead relying on an educa-
tion-first approach.
Still, Wood said he believes
the threat of fines from Oregon
OSHA are effective in encour-
aging most employers to ad-
here to safety guidelines.
“I do believe that our pen-
alties and awareness of them
have an effect on other em-
ployers who may be wavering
in their decision to follow the
closure orders and to require
the use of facial coverings,”
Wood said.
But Kate Suisman, an attor-
ney at the Northwest Workers’
Justice Project, which sup-
ports low-wage and immi-
grant workers, said employees
aren’t seeing businesses held
accountable when they flout
safety regulations. She said the
workers she supports feel dis-
illusioned with the system and
that has made them less willing
to speak up about safety vio-
lations.
“Workers know the whole
system isn’t going to bring
them satisfaction,” Suisman
said. “What they want is for
their employer to change their
practices, but workers have
given up on that during the
pandemic.”
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