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Fitness center cited, fined for operating while county is in Phase 1

by STAFF REPORT
Staff Report | July 1, 2020 11:37 PM

YAKIMA COUNTY — A fitness center near Yakima faces a fine of $9,639 for operating in violation of Gov. Jay Inslee’s Safe Start order, according to Washington State Department of Labor & Industries.

L&I stated it cited company owner Bradshaw Development Inc. this week after L&I inspectors found Anytime Fitness Selah open for business on June 15 when it should have been closed under the governor’s order — the first such citation of an employer.

L&I inspected the Selah facility after receiving complaints from the public and a referral from the Yakima Health District that the business was operating in violation of the governor’s proclamation. When L&I inspectors went to the facility they saw several employees working, as well as customers entering and using the facility.

Before L&I conducted the inspection, state workers contacted the business multiple times informing the business about the order and directing it to close, according to L&I.

The governor’s Safe Start proclamation prohibits most businesses from operating unless their county is in the appropriate phase of the statewide plan to reopen. Anytime Fitness Selah is in Yakima County, one of the state’s most active areas for coronavirus. The county remains in Phase 1, the most restrictive tier.

According to the citation from L&I’s Division of Occupational Safety and Health (DOSH), operating and serving customers during Phase 1 exposes Anytime Fitness Selah workers to unacceptable risk of coronavirus exposure.

“Our primary focus is making sure employers do everything possible to prevent their workers from being exposed to the coronavirus,” said L&I Director Joel Sacks. “In this case, Anytime Fitness Selah was clearly aware it was operating in defiance of the governor’s order and putting employees at risk. They chose to stay open even after multiple contacts with L&I. And it’s just not fair to businesses that are following the rules when others don’t.”

L&I notified Anytime Fitness Selah about the requirement to close to the public in a phone call, email, letter, and inspection.

The business has until July 5 to close or 15 working days to appeal.

Through June 26, L&I staff working at the state Emergency Operations Center have contacted more than 400 businesses. The staff has given businesses guidance and answered questions when possible. The team still has approximately 1,300 businesses to contact about possible Safe Start violations, L&I stated.