Only Lexington business cited during coronavirus shutdown won battle to reopen
Only one Lexington company has been cited for not complying with Gov. Andy Beshear’s order to close all nonessential businesses, according to health department records, but the company successfully argued it should be allowed to reopen.
The citation was issued on to Scentsy Distribution on Palumbo Drive, the distribution center of the Scentsy candle company. The citation was issued on April 1 by the Kentucky Labor Cabinet, more than a week after Beshear ordered nonessential businesses to close, according to a newly released document.
The citation ordered Scentsy’s distribution center to cease operation because it was not a life-sustaining business. Life-sustaining businesses can also be ordered to close for “failure to observe physical distancing,” according to the citation.
But Scentsy said it had received the citation in error, citing the exemptions in Beshear’s closure order for companies “that ship or deliver groceries, food, beverages, goods or services to end users,” and for “businesses that sell…soaps and detergent,” the company said in a statement.
Scentsy sells diffusers, wax bars, cleaning solutions and other fragrance products, according to the company’s website.
“Scentsy’s distribution center ships goods directly to consumers throughout the eastern seaboard and Canada, including personal hygiene products such as soap and body wash, and cleaning products, such as bathroom and kitchen surface cleaners, as well laundry products,” Scentsy General Counsel Eric Ritter said in a statement.
“Since President [Donald] Trump issued guidelines at the beginning of March, we have required our consultants to cease any in-home parties and person-to-person selling.”
The company provided information, including safety measures it adopted for employees, to the Labor Cabinet, and the center was allowed to reopen on April 3.
The company has also taken precautions since the start of the coronavirus pandemic to protect employees from exposure, Ritter said. Those include required 6-foot social distancing, wearing both latex and cloth or rubber gloves, providing employees with masks, and more.
If an employee tests positive for the coronavirus, the company will take additional measures, Ritter said. If it’s a shift employee, the shift they’re on will shut down for a minimum of five days. Adjacent shifts will also be shut down for at least the incubation period, and deep cleaning will be done during that time. The company would also deep clean high touch areas, including entry points, countertops, designated work areas, benches, carts, chairs, restrooms, offices and more.
Employees will continue to be paid and receive benefits during the shutdown period, Ritter said.
Employees without paid time off are allowed to take paid time off for any reason, the company said, and the mandatory work hours for benefits have been reduced to 20 per week. Hours worked over the 20 per week threshold are paid time-and-a-half, the company said.
Ritter said no employee has tested positive for COVID-19 as of Friday.
Kevin Hall, the communications officer for the health department, said the department has worked with local police and the labor cabinet to investigate complaints about businesses and to determine how to handle them.
“We determine if the business is an essential business per the governor’s orders and, if the business falls under the essential category, work with the business to look at conditions and go over the distancing guidelines,” Hall said in an email. “If someone continues to violate the governor’s orders, we work with our partners to ensure compliance.”
The Lexington distribution center is one of Scentsy’s three U.S. distribution centers, according to the website. The other two are in Coppell, Texas, and Meridian, Idaho, where the company is headquartered.
The company operates in 14 countries and operates with independent consultants who sell its products.
This story was originally published April 17, 2020 at 10:30 AM.