City Of Santa Rosa Reaches Settlement With Cal/OSHA In Connection With COVID Death

SANTA ROSA, CA — The city of Santa Rosa has reached a settlement agreement with the state of California over health and safety violations that stemmed from the coronavirus-related death of a Santa Rosa police detective.

The California Division of Occupational Safety and Health — more commonly known as Cal/OSHA — launched an investigation following the March 31, 2020, death of Detective Marylou Armer. The 44-year-old Napa County woman had been hospitalized since early March 2020 when she died of complications from COVID-19.

It is a standard practice of Cal/OSHA to investigate a fatality that could have been caused by working conditions or the work environment. In September 2020 at the completion of its investigation, Cal/OSHA issued the city four citations and sought $32,000 in penalties.

"Workers in health care and public safety are at a higher risk of exposure to COVID-19 and employers must put in place measures to protect these essential personnel," Cal/OSHA Chief Doug Parker said in a statement when the citations were issued.

According to Cal/OSHA's statement at the time: "The Santa Rosa Police Department failed to implement required screening and referral procedures for persons exhibiting COVID-19 symptoms during the month of March 2020, and failed to report to Cal/OSHA multiple serious illnesses suffered by employees who contracted COVID-19. An employee died from COVID-19 after being exposed by another employee who had exhibited signs and symptoms of COVID-19. Cal/OSHA did not learn of the fatality until two weeks after the death."

According to city officials, the city appealed the citations as they were based mainly on events in late February and March 2020, before information about the nature and extent of COVID-19 was known.

"In fact, the first Sonoma County Health Officer Order that included any safety protocols for employers was not even issued until March 31, 2020," city officials said. "The City, including its Police Department, implemented those protocols before the required deadline."

According to a news release Tuesday from the city, the matter has been settled as follows:

• The first citation, a regulatory offense related to record-keeping, was reduced from $5,000 to $3,000.
• Two citations, originally issued as “serious” violations, related to the management of employees with COVID symptoms. As part of the settlement, these citations were combined into one and lowered in severity to “notice in lieu,” which Cal/OSHA defines as not having a direct relationship to the health or safety of employees. Cal/OSHA initially proposed penalties of $6,750 for each citation and as part of the settlement agreed to waive all penalties.
• The final citation was for violation of SRPD’s Fit-Testing Procedure, which outlines the process to fit individual respiratory safety equipment. Fit testing is not directly connected with COVID-related issues but falls under the respiratory protection plan for aerosol transmittable diseases and the infraction was immediately remedied even before receiving formal notice of citation. This fine was reduced by 50 percent from $13,500 to $6,750.

As a result of the settlement agreement, the city of Santa Rosa will now pay $9,750 in adjusted penalties, city officials said.

"The City of Santa Rosa takes the health and safety of all its employees very seriously and continues to implement best practices for COVID-19 prevention in the workplace."