The Anytime Fitness gym in Selah became the first business to be fined by the state for operating in violation of Gov. Jay Inslee's Safe Start order.
The Washington State Department of Labor & Industries issued a $9,639 fine to company owner Bradshaw Development Inc. this week after receiving numerous complaints from the public and a referral from the Yakima Health District.
L&I inspectors saw the gym open for business on June 15.
Yakima County, with continued daily case counts in the double or triple digits and stretched hospital capacity, remains in Phase 1 of the state's Safe Start plan. Gyms are not allowed to re-open until Phase 3.
A Wednesday press release from Labor and Industries said state workers contacted the business multiple times about its non-compliance before issuing the fine.
The citation from the department's Division of Occupational Safety and Health, or DOSH, noted that Anytime Fitness Selah put workers at an unacceptable risk of exposure to the coronavirus.
L&I Director Joel Sacks said Anytime Fitness Selah was "clearly aware" it was not complying with the governor's order and was putting employees at risk.
"They chose to stay open even after multiple contacts," Sacks said in a press release. "It's just not fair to businesses that are following the rules when others don't."
The general manager of Anytime Fitness Selah did not respond to a request for comment prior to publication of this story.
In a post on the gym's Facebook page March 16, Owner Wes Bradshaw told members the gym would be closing for two weeks to comply with Inslee's "Stay Home, Stay Healthy" order, which ran through April 1.
"Unfortunately with the apparent COVID-19 outbreak or scare, regardless of our feelings towards the legality of this, the Governor has directed us to close our locations, until April 1st," Bradshaw wrote. "I have looked extensively for some sort of loophole to remain open, but at this point my hands are tied."
The post said the gym would be closing down for two weeks.
The governor's "Stay Home, Stay Healthy" order was extended before the state rolled out its four-part reopening plan.
Since May, Labor and Industries received more than a dozen complaints that people were using the Anytime Fitness gym in Selah without social distancing.
A Yakima Health District official also emailed the governor's office to report community concerns and an observation from a staff member that the gym was "packed with customers," according to the press release.
The business has until July 5 to close or 15 working days to appeal.
The L&I press release noted that businesses are contacted by phone and email, if possible, to ensure owners understand Safe Start rules by the time Labor and Industries receives a Safe Start referral.
If employers refuse to comply, the department sends a warning letter about possible fines. Inspectors may later drive by the business; if the business is open, the inspectors refer the case to a DOSH investigator for inspection and possible citation.
Through June 26, state emergency operation center staff contacted more than 400 businesses about complaints filed by concerned citizens that operations are violating COVID-19 safety precautions.
About 1,300 more businesses will be contacted about possible Safe Start violations soon, the department said.
People who believe a business is violating Safe Start rules can report the possible violations online at https://app.smartsheet.com/b/form/09349a1c56844b539fea1c2cabd16d56?utm_medium=email&utm_source=govdelivery.
