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Employee complaints allege Salem employers aren’t complying with orders meant to prevent coronavirus spread

The 1-million-square-foot fulfillment center in southeast Salem owned by online retail giant Amazon was one of the companies named in recent OSHA complaints. (Troy Brynelson/Salem Reporter)

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Several prominent employers in Salem with employees testing positive for COVID-19 have drawn complaints they aren’t following state orders to prevent the spread of the virus.

Records obtained from the Oregon Occupational Safety and Health Administration show that the Cherriots public transit agency, the Oregon Department of Transportation, the Oregon Department of Corrections, Amazon’s Salem fulfillment center and others have been subject to complaints that they were not adhering to social distancing requirements.

On March 23, Gov. Kate Brown ordered restaurants, hairstylists, retailers and other businesses that require close contact to close to the public. The order allowed essential businesses involved in health care or the delivery of goods to stay open if they obeyed social distancing requirements intended to prevent the spread of the virus.

While state government has shifted employees to telecommuting, employees have continued working in some offices and facilities. The governor’s order requires state agencies that remain open to appoint someone to ensure that employees stay 6 feet away from each other.

Days after Brown issued her order, hundreds of complaints were filed with Oregon Occupational Safety and Health Administration alleging that state agencies and others weren’t complying.

OSHA spokesman Aaron Corvin said in an email that no citations have been issued so far. He said the normal citation process takes at least two weeks after an inspection. The administration is planning on ramping up its work on the complaints and has 75 compliance officers working on coronavirus concerns.

“This is an all-hands-on-deck project,” he said.

In Oregon, the maximum financial penalty for a non-willful OSHA violation is $12,750 and the maximum penalty for a willful violation is $126,749.

One complaint filed against the Oregon Department of Corrections alleges that employees at the Oregon State Penitentiary are working in close proximity in violation of social distancing rules.

“Guards are coughing in proximity of everyone,” according to the two-sentence complaint, dated March 26.

A second complaint against the Corrections Department said that at a Salem facility, not identified in the document, claimed there was standing water in several bathrooms without adequate sanitation and a dishwasher had broken, leaving dirty dishes that could spread the virus.

The department has been of particular concern to authorities and criminal justice reform advocates because of the close proximity of the 14,655 inmates in its custody and the 4,443 employees, roughly half of which work as security staff.

On Wednesday, Director Colette Peters notified agency employees by letter that an employee had tested positive for the novel coronavirus. Peters’ letter didn’t include any details about the employee but noted that the department had “been preparing for this day for the last several weeks.”

Jennifer Black, department spokesperson, said in an email that the agency has taken several measures to increase social distancing. Prisons have been closed to the public, the number of adults in custody have been limited in common areas, chapel attendants are spaced out and group activities in yards have been canceled, she said.

Two complaints have been lodged against the Oregon Department of Transportation, which had to shutter its downtown office after an employee tested positive for COVID-19. Both of the complaints allege violations at the department’s Driver and Motor Vehicle Services Division at 1905 Lana Ave N.E. in Salem.

One complaint alleges that the department is encouraging employees to work in high-risk situations with no possibility of teleworking. Another alleges that employees are working in close proximity.

“We fully cooperate with any Oregon OSHA complaint but do not comment on any ongoing communications,” department spokesperson Tom Fuller said in an email.

Amazon’s fulfillment center located at 4775 Depot Ct. S.E. in Salem was also subject to a complaint that it was not keeping adequate distance between employees and not providing materials or instructions on how to disinfect items. Last year, company officials indicated that the center could generate 1,000 new jobs.

On Sunday, the company announced that an employee at the warehouse was diagnosed with COVID-19.

“Since the early days of this situation, we have worked closely with health authorities to proactively respond, ensuring we continue to serve customers while taking care of our associates and teams,” Amazon spokesman Timothy Carter said in a statement. “We have also implemented proactive measures at our facilities to protect employees, including increased cleaning at all facilities, maintaining social distance in our fulfillment centers, and adding distance between drivers and customers when making deliveries.”

Last week, a bus driver for Cherriots, Salem’s mass transit agency, tested positive for coronavirus. The same week an employee complained that the agency wasn’t maintaining social distancing and wasn’t providing cleaning supplies. It suspended service Monday night.

Cherriots said in an emailed statement that it was preparing a response to the complaint and is conducting its own internal investigation. According to the statement, Cherriots has established a task force on the outbreak and is taking other steps to comply with the governor’s order including providing drivers with gloves and disinfectants, launching a campaign to encourage handwashing while also sanitizing vehicles and buildings.

Two complaints against Salem Health and its hospital located at 890 Oak St. S.E., alleges that employees were expected to work with patients without protective masks or gloves and not enough is being done to maintain social distancing.

“Salem Health has a process in place to manage complaints regarding any concerns from employees that are submitted to their supervisors or Oregon OSHA,” Salem Health said in a statement. “Our goal is providing the safest environment for our staff, providers, and patients, no matter the circumstances.”

While Salem-Keizer Public Schools has closed schools in response to the outbreak, schools are still passing out food to students. An OSHA complaint alleged that employees are not adhering to social distancing rules. It further alleges that families driving up to receive food are coming into face-to-face contact with employees.

Lillian Govus, district spokeswoman, said that they’ve appointed a “social distancing czar” to ensure employees are keeping their distance. She also said that the district would begin placing cones at meal locations to indicate where people should stand to maintain social distancing.  

Update: This story has been updated with comment from Cherriots.

Contact reporter Jake Thomas at 503-575-1251 or [email protected] or @jakethomas2009.