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Saturday, January 9, 2021

Cafe shut down, 8 other businesses cited for COVID-19 safety violations - Crain's Detroit Business

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A cafe in Houghton County has been found in contempt of court and fined $2,500 for continuing to serve customers indoors despite a state order barring indoor dining through at least Jan. 15.

A judge held a hearing on Friday involving Cafe Rosetta, which serves soup, sandwiches and more in Calumet, a town of about 750 in the Upper Peninsula.

"When it comes to court orders, in my opinion, civil disobedience is not an option. It just absolutely is not," Judge Wanda Stokes said.

The cafe's food permit has been yanked. State regulators then got a Dec. 30 order from Stokes to shut down the business.

Since mid-November, Michigan restaurants and bars have been restricted to outdoor service or carryout orders to reduce the spread of the coronavirus.

Cafe Rosetta co-owner Amy Heikkinen said she can't afford to limit business to carryout orders. Hundreds of people rallied to support her on Jan. 2.

Stokes suspended the contempt fine until Wednesday to allow the cafe's attorney to file legal arguments, The Daily Mining Gazette reported.

Meanwhile, the Michigan Occupational Safety and Health Administration has issued COVID-19 emergency rule or general duty citations to eight more workplaces with violations for failing to protect workers and take safety precautions.

Under MIOSHA's emergency rules, businesses that resume in-person work must, among other things, have a written COVID-19 preparedness and response plan and provide thorough training to their employees that covers, at a minimum, workplace infection-control practices, the proper use of personal protection equipment, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions. An emergency rule citation carries a fine of up to $7,000.

The MIOSHA general duty clause requires an employer to provide a workplace that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. A general duty clause citation carries a fine of up to $7,000.

On-site inspections conducted by MIOSHA officials determined eight employers allegedly committed violations by failing to implement necessary precautions to protect employees from contracting COVID-19. Deficiencies included a lack of health screenings, face coverings, employee training, cleaning measures and overall preparedness plans.

The latest MIOSHA citations:

  • At Home Stores in Roseville was fined $7,000 for violations including not developing an infectious disease preparedness and response plan and not conducting daily in-person or virtual health checks of employees before they entered the facility. The inspection was initiated in response to an employee complaint.
  • Painters Supply and Equipment Co. in Canton was fined $3,500 for violations including not requiring employees to wear cloth face coverings and social distance. The inspection was initiated as a planned programmed inspection.
  • South Lake Public Schools in St. Clair Shores was fined $4,900 for violations including not developing an infectious disease preparedness and response plan that can guide protective actions against COVID-19; not providing COVID-19 training to employees; and not conducting daily in-person or virtual health checks of employees before they entered the facility. The employer was also fined $4,900 for not having a written hazard communication program developed, implemented and maintained. The inspection was initiated in response to an employee complaint.
  • Twin Peaks in Livonia was cited for a violation regarding a written preparedness and response plan. The inspection was initiated in response to an employee complaint.
  • Autozone in Davison was fined $4,000 for violations including not developing an infectious disease preparedness and response plan, not requiring employees to wear cloth face coverings and not requiring employees to social distance. The inspection was initiated in response to an employee complaint.
  • Daner's Diner in Lapeer was fined $1,900 for violations including not developing an infectious disease preparedness and response plan; not providing employee training on COVID-19; not increasing facility cleaning and disinfection to limit SARS-CoV-2 exposure; not establishing procedures for disinfecting the worksite if it is suspected or confirmed that an employee, visitor or customer has a known case of COVID-19; not conducting a daily self-screening protocol for employees; not designating a COVID-19 safety coordinator onsite; not posting signs advising employees to stay at home when they are sick; not posting signs advising employees of proper cough and sneeze etiquette and hand hygiene; not keeping everyone on the worksite premises at least 6 feet from one another through the use of ground markings, signs and physical barriers; not providing nonmedical grade face coverings to employees working onsite; and not requiring the use of face coverings for employees that work less than 6 feet from other individuals on site. The inspection was initiated in response to an employee complaint.
  • Kokomos Family Fun Center in Saginaw was fined $2,000 for including not developing an infectious disease preparedness and response plan, not requiring employees to wear cloth face coverings, not requiring employees to social distance, and not posting signs for non-English speakers that include advising employees to stay at home when sick and of proper cough and sneeze etiquette. The inspection was initiated in response to an employee complaint.
  • Memphis Fire Department in Memphis was fined $2,100 for violations of COVID-19 workplace safety requirements under the general duty clause including not developing an infectious disease preparedness and response plan that helps guide protective actions against COVID-19; not providing COVID-19 training to employees; not conducting daily in-person or virtual health checks of employees before they entered the facility; and not ensuring that employees wore a cloth face covering. The inspection was initiated in response to an employee complaint.

The cited employers have 15 working days from receipt of the MIOSHA citations to contest the violations and penalties. Citations include suggestions to fix hazards to protect employees. Employers must provide proof to MIOSHA that abatement has been completed.

A cited employer may choose to enter into a Penalty Reduction Agreement with MIOSHA and agree to abate noted hazards by the abatement date provided within the citation and will receive a 50 percent reduction in penalties. The employer must also agree to not seek an appeal.

A complete list of MIOSHA COVID-19 workplace safety citations is available here.

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Cafe shut down, 8 other businesses cited for COVID-19 safety violations - Crain's Detroit Business
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