HASTINGS, Minn. — The Busted Nut Bar and Grill has been in business for 16 years, as of Wednesday, but owner Tatia Nelson isn't in the mood to celebrate. She's facing a $7,000 fine from Minnesota's OSHA office based on an eyewitness complaint that an employee removed his face mask after stepping outdoors.
"I’m moving forward right now and contesting it and trying to figure out why this is happening," Nelson told KARE.
"I just want to be an advocate for everybody in this industry because it’s already challenging enough to run a restaurant and learn all the rules of this COVID-19; it’s constantly changing."
Nelson was takeout-only for part of the pandemic, after Gov. Walz ordered bars and restaurants to close last spring. She added sidewalk seating when that was authorized, and now has indoor dining at 50% capacity -- in her case seven of her 14 tables.
"I have a small restaurant and it’s very challenging," Nelson explained. "For example, last week it rained, and nobody had anywhere to go. I won’t have this outdoor seating six weeks from now, so it’s going to be quite challenging."
Nelson said she was blindsided when MN OSHA inspectors arrived on a Saturday morning and started asking questions. She said they asked for her COVID-19 Preparedness Plan, something all public established are now required to keep, and she produced that.
"They interviewed individually each one of my employees. They took a lot of photos. I kept asking them why they were here, and I really couldn’t get a straight answer."
She eventually learned someone had seen one of her servers remove his mask as he walked outside into the outdoor dining area. The inspectors also had a lot of questions about the fog guard transparent plastic face shield with chin rests that her bartender was wearing.
"We have a family that’s deaf that comes in, these clear masks help us a lot to communicate. We have elderly people as well who are hard of hearing, so it’s helpful to have this option of this clear mask," Nelson explained.
"There's a lot of restaurants that have these. And I’ve gotten a lot of calls from other restaurant owners asking if this was why I got the fine."
Minnesota's Stay Safe Guidance home page points to CDC guidelines that require mask that cover the mouth and the nose. The transparent face mask acts as a cough and sneeze shield, but doesn't seal off the top of the face.
The Minnesota Department of Labor and Industry isn't allowed to comment on pending cases, only to confirm that an initial fine has been levied. The next step is a formal consultation between Nelson and the agency.
OSHA workplace safely violation fines vary from $1,500 to $7,000 depending on the severity of the alleged infraction. The formal meeting is an opportunity to reduce or waive the fine, based on the size of an employer and other mitigating factors.
Nelson said she was shocked to be hit with a fine instead a warning. She said when the local health departments cite bars with violations, they're often given a chance to correct the problem in lieu of paying a financial penalty.
Gov. Tim Walz has often said the point of compliance checks is to educate people in the hospitality industry about how to make conditions safer, rather than to punish them. The OSHA fine goes beyond a compliance check and enters the realm of a worker safety citation.
Nelson has heard from state lawmakers of both parties about her predicament.
"It’s nerve-wracking, but I felt like my story needed to get out to the public."
