KLAMATH FALLS, Ore. — Casey’s Restaurant in Klamath Falls has been fined for the second time since the pandemic hit Oregon.
The family-owned restaurant in Southern Oregon was fined $8,900 in December 2020 for allowing on-site dining despite a public health order that was made to try and curb the spread of the coronavirus. Following that citation, the Patzke family posted a video to YouTube talking about their decision to stay open and addressing the citation from the Oregon Occupational Safety and Health Administration (OSHA).
"We had some of our family we lost in WWII, and they were fighting for freedom and so I feel like we should fight for freedom also," said Annie Patzke, the mother of owner Mike Patzke.
The restaurant is being supported in this decision to stay open and "fight for freedom" by the Washington-based think tank Freedom Foundation. The Freedom Foundation’s website said it envisions a world with less government control and more self-governance.
OSHA issued a second citation for $27,660 this month. Health officials said the restaurant continued to violate COVID-19 restrictions while the county was in the extreme risk category, potentially exposing its workers to the virus.
"Since the pandemic began, we have focused our efforts on engaging and educating employers about expectations," said Michael Wood, administrator for Oregon OSHA. "In the vast majority of cases, we have not had to conduct formal enforcement visits, because most employers are choosing to do the right thing. They are doing so because they know they are making meaningful contributions as part of a larger and multi-faceted community effort to end this pandemic sooner rather than later."
The latest citation was issued after an inspection found that Casey’s was allowing indoor dining from Dec. 17, 2020 through Feb. 11, 2021.
"A critical part of Oregon OSHA’s longstanding mission is to enforce workplace health and safety standards," Wood said. "And we will continue to fulfill that mission when employers refuse to address credible complaints or continue to insist on ignoring reasonable safeguards for their employees."
Wood issued a fine more than three times the minimum penalty. A release from OSHA said that decision was to ensure a more appropriate deterrent for employers that insist on disregarding health and safety standards.
Altogether, Casey’s was cited for four violations, three of which are under OSHA's temporary rule to address COVID-19 risks in the workplace:
- In allowing indoor dining, Casey’s Restaurant knowingly chose to disregard capacity limitations imposed by the Oregon Health Authority (OHA) for such establishments in a county designated as extreme risk. It was a willful violation, carrying a discretionary penalty of $26,700.
- The business failed to conduct any COVID-19 risk assessment to identify potential employee exposure to the virus and address how to reduce such exposure. It was a serious violation, carrying a penalty of $490.
- The business did not develop and implement an infection control plan. Such a plan could include redesigning the workspace to enable physical distancing and reducing the use of shared surfaces and tools. It was a serious violation, carrying a penalty of $350.
- The employer did not establish and run an effective safety committee. Safety committees enable workers to regularly participate in addressing potential on-the-job hazards, including discussing such concerns with managers. It was a serious violation, carrying a penalty of $120.
If Casey’s Restaurant does not correct the violations, it could face additional and higher penalties, according to OSHA. If an OSHA inspection documents violations while a county is at extreme risk but the risk level drops before the citation is issued, the citation will still be issued. A change in risk level may affect how the violation needs to be corrected but not whether it is cited, according to OSHA.
In addition to its enforcement activities, Oregon OSHA offers employers and workers a variety of consultation, information, and education resources addressing COVID-19.
Casey's Restaurant has asked on its social media for people to support small businesses even if they do not support their decision to stay open in the name of freedom.