Safeway appeals Oregon OSHA safety violations, $7,250 fine at East Bend shooting scene
Grocery chain says claims ' do not have merit' or accurately reflect safety, training standards
BEND, Ore. (KTVZ) -- Safeway Inc. confirmed Wednesday it has appealed a $7,250 penalty issued last month by Oregon OSHA for two workplace safety violations stemming from an investigation related to the deadly shooting last August at the East Bend Safeway, a gunman fired numerous shots, killing a customer and worker, then himself.
Authorities said the gunman fired at least 100 shots before and after entering the store, killing customer Glenn Bennett, 84, and later killing produce department employee Donald Surrett Jr., 66, who had hidden, then confronted the gunman with a produce knife.
The Oregon Occupational Safety and Health Agency (Oregon OSHA) opened its investigation after initial reports of the workplace fatality, and a confidential complaint was filed a short time later, in September, Public Information Officer Aaron Corvin said last month.
After completing its investigation, the agency sent a Jan. 11 notice of penalty to Safeway Inc. about what it found at the store on NE Highway 20. It provided a copy of a 212-page report that included numerous interviews with employees and others, and background such as safety meeting notes and the emergency plan.
The majority of the fine, $6,500, was levied for obstruction of access to exit routes, as OSHA said it found the company “did not ensure that all exit routes located in the rear section of the store were clear of obstructions that could prohibit or delay an employee’s ability to egress from the building.”
“As a result, during an active shooter event that took place on August 28, 2022, the double door exit located next to the dairy cooler section was obstructed by approximately three merchandise carts that were stored in front of the exit doors,” the notice stated. A worksheet indicated that video footage confirmed employees’ statements that they were blocked by beverage carts.
Another $750 proposed penalty states that Safeway “did not review the emergency action plan with each covered employee when the plan was new or the employee was new to the job.”
“As a result, during an active shooter event, employees did not know the location for each emergency exit assignment located within the store,” OSHA said.
Safeway was given 30 days to appeal the proposed fines, which it did this week, requesting an informal hearing to negotiate a possible settlement.
“Safeway has appealed both OSHA citations related to our Bend store," company representative Jill McGinnis said in a company statement provided to NewsChannel 21.
"The claims brought forth by OSHA do not have merit, nor do they accurately reflect the level of safety and training standards we have in place to safeguard our associates and customers,” she added.
According to OSHA procedures, "During such conferences, the appeals specialist, the compliance officer, and the employer will discuss the issues in question. The appeals specialist has the authority to resolve the appealed citation."
"An employer who is not satisfied with the outcome of the informal conference may further pursue their appeal before an administrative law judge of the Workers’ Compensation Board," the OSHA site said.
