Bend Coffee Shop will appeal $ 27,000 OSHA fine for COVID-19 violations

(Updated: Video, new information, OSHA and customer comments added).

According to the agency, Kevista Coffee deliberately continued to expose workers

Bend, Oregon (KTVZ)-Oregon OSHA imposes the largest pandemic-related fine issued on restaurants and refuses to comply on Tuesday fighting the state of Kevista Coffee Shop over COVID-19 public health restrictions Has reached a new level.

The agency announced on Tuesday that it has fined Bend’s Kevista Coffee $ 27,470 for violating three criteria designed to protect employees from COVID-19.

This is the largest fine the agency has imposed on restaurants in Oregon for COVID-19 violations. It is also the second largest levy inherited by OSHA due to changes in COVID-19, after Salem’s gym Courthouse Club Fitness, which was fined $ 126,749 in January.

“They chose openly, deliberately, and admitted that they did not comply with these during the test and did not comply with these workplace health and safety standards,” said Aaron Corbyn, a spokeswoman for OSHA. I told NewsChannel21.

According to Corbyn, when Deschutes County is in the category of extreme risk, Kevista Coffee ignores capacity limits and allows indoor dining. OSHA will continue to impose these fines even if the county’s risk level improves after the test, as in the case of Deschutes County.

“Citations will continue to be published regardless of whether these risk levels have changed,” Corbyn said.

This fine is three times the usual $ 8,900 for willful violations. This is the exact penalty Kevista Coffee received for the first time in July 2020.

Still, when NewsChannel21 visited Kevista Coffee on Tuesday afternoon, the latest fines didn’t seem to have prompted coffee shops to change things. Few customers, from customers to employees and owners, wore masks.

“I’m not,” said customer Elijah Hooper when NewsChannel 21 asked if he was wearing a mask inside.

Hooper added: “Looking around, most people who go there are usually there for that reason, but no one actually has a mask. People who want to follow such rules are usually there. I do not go.”

OSHA said there were no known COVID-19 outbreaks associated with coffee shops, but that they were not responsive to these situations and were actively approaching them.

“If you find a documented violation of a standard, regardless of whether someone is injured or not, you can identify the violation and impose a fine,” Corbyn said.

Owner Kevin Lawinger refused to go to the camera, but he said Kevista Coffee would be as great as the previous one.

Corbyn acknowledged that some tests are underway at other companies in central Oregon and throughout the state, and that additional fines may be imposed.

“Unfortunately, and sadly, this kind of citation, including willful violations, can increase. Sure, it’s not the last thing I’ve done so far. I can say for sure. . “

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Below are the remaining news releases that OSHA sent on Tuesday morning.

In one of the breaches, authorities could intentionally continue to expose workers to the virus, despite public health orders limiting the capacity of indoor canteens in “extreme risk” counties to zero. Said there is.

The citation came from an inspection initiated in response to multiple complaints about Kevista (whose official name is Laui Life Coffee LLC). The test documented the fact that a company operating in Deschutes County began deliberately allowing indoor dining from December 3rd. Meanwhile, Deschutes County has been designated as an “extreme risk” for the transmission of the disease.

According to OSHA, during the test, Kevista owners Krista and Kevin Lauinger said they chose to reopen the coffee shop, even though they knew they were in breach of workplace health requirements. ..

Michael Wood, the administrator of Oregon OSHA, has fined $ 26,700 for willful violations, using state law discretion. This is three times the minimum penalty for such a breach.

“This decision reflects the need to ensure a better deterrent effect when employers insist on ignoring health and safety standards,” OSHA said in a statement Tuesday.

“Such deliberate behavior puts employees at risk and allows employers to achieve a competitive advantage over companies that comply with their requirements,” they added.

“Through engagement and education, we have helped many employers understand and comply with occupational health and safety rules during pandemics, and most employers are to defeat the disease in Oregon. In our efforts, we choose to do the right thing and continue to choose, “Wood said. “For the few voices that violate standards and insist on putting workers at risk, we will continue to leverage enforcement tools.”

Overall, Oregon OSHA cited three violations of the division Temporary rules To address the COVID-19 risk in the workplace:

• Kevista Coffee has deliberately chosen to ignore the capacity limits imposed by the Oregon Department of Health (OHA) on such facilities in the county when allowing indoor meals. Extreme risk.. This was a willful violation and a discretionary penalty of $ 26,700 was imposed.
• The company failed to formulate and implement an infection control plan. Such plans may include redesigning the workspace to increase physical distance and reduce the use of shared surfaces and tools. It was a serious breach and was fined $ 385.
• The company did not perform a COVID-19 risk assessment to identify potential employee exposures to the virus and address ways to reduce such exposures. It was a serious breach and was fined $ 385.

This is not the first time Oregon OSHA has cited Kevista Coffee for violating COVID-19 requirements. Last July, the division issued a $ 8,900 quote to the company for deliberately failing to implement face covers in line with sector-specific guidance for restaurants and bars. Kevista’s appeal against the discovery is still pending, officials said.

Correcting violations and continuing to refuse to comply with workplace health and safety standards can result in even higher penalties.

On the other hand, if the Oregon OSHA test records a breach when the county is at extreme risk, but the county’s risk level drops before the citation is issued, the citation will still be issued. According to OSHA, changes in risk levels can affect how the breach is fixed, but not whether it is cited or not.

The employer has 30 days to appeal the citation.

NewsChannel 21’s Max Goldwasser was reported on Tuesday that Kevista will file an appeal with OSHA again. During the noon visit on Tuesday, none of the staff or customers wore masks.

An OSHA spokesman said the only higher penalty issued by the agency in connection with COVID-19 was $ 126,749 against Salem Fitness Center.

Since the beginning of the pandemic, Oregon OSHA has issued nearly 100 citations to employers for violating the requirements for protecting workers from COVID-19. This is the result of approximately 200 formal enforcement actions, primarily based on over 20,000 complaints received by government agencies.

Penalties for serious unintentional violations range from a minimum of $ 100 to $ 4,200, well below the highest penalties for serious violations of $ 12,750. Penalties for willful violations range from a minimum of $ 8,900 to a maximum of $ 126,749.

In addition to its enforcement activities, Oregon OSHA varies from employers and workers Consultation, information, educational resources Address COVID-19.

Oregon OSHA, a division of the Consumer and Business Services sector, enforces state workplace health and safety regulations and is committed to improving workplace health and safety for all Oregon workers. For more information, please visit: osha.oregon.gov.. “