Copyright © 2021 Albuquerque Journal
SANTA FE – O’Reilly Automotive Stores Inc. will pay a $79,200 penalty to the state of New Mexico as part of a settlement agreement for breaching state protocols aimed at reducing the spread of COVID-19, according to the state Environment Department. It’s the largest penalty related to violations of the public health order relating to the pandemic issued by the department so far.
The O’Reilly Auto Parts store on Airport Road received two citations after Environment Department inspectors visited the store on July 4 after receiving complaints from citizens.
The store is located within the 87507 zip code that includes Santa Fe’s Southside. Nearly 4,000 of the state’s almost 150,000 COVID cases have been among people who live in that area.
Inspectors with the department’s Occupational Health and Safety Bureau initially cited the store for failing to enforce the use of face coverings by employees, which was initially classified as a “willful-serious” violation and carried a $72,000 penalty, according to the settlement agreement. That designation was reduced to a “serious” violation under the settlement, but the penalty amount remained unchanged.
The store was also cited for failing to post signs requiring the use of face coverings, classified as a serious violation that rendered a $7,200 penalty.
O’Reilly contested the penalties, which would have brought the case before the Occupational Health and Safety Commission for adjudication. But “rather than continue to contest and litigate the Department’s allegations,” O’Reilly agreed to pay a total penalty of $79,200 before Feb. 1, the settlement agreement states.
The payment is to be deposited in the state’s general fund.
The agreement goes on to say that O’Reilly does not admit to a violation of the New Mexico Occupational Health and Safety Act and that the payment was for the sole purpose of settling the matter “fairly, economically, and without litigation or further expense.”
Phone messages left for the O’Reilly’s Southwest division vice president were not returned Tuesday.
The amount of the penalty surpasses the previous high of $32,000 issued to Albuquerque Operating Company LLC in November. That penalty was assessed for violating requirements for protective equipment and training at the Village of Alameda, an assisted living facility in Albuquerque.
Environment Secretary James Kenney said businesses need to take public health and safety requirements seriously.
“Failure by employers to protect staff from COVID-19 – a known workplace hazard – is unacceptable,” Kenney said in a statement. “Employers must take their worker protection responsibility seriously or they will face robust enforcement action by the State of New Mexico.”
A news release says the department is currently investigating more than 200 workplace safety complaints related to the COVID-19 outbreak and 14 workplace-related deaths.
