By Hannah Saunders

Vast gusts of winds throughout the city on September 15 forced employees at Ivar’s Acres of Clams in downtown Seattle into unsafe working conditions. Dried bird droppings were scattered all over the deck, and employees could not keep up with wiping the feces off and claim some of it landed in the food and drink of patrons, according to a whistleblower complaint. 

“This is a clear violation of workers rights to a safe working environment. Additionally, the employees wiping the dried bird droppings off the tables were not provided proper PPE for handling it, instead having to use their regular cleaning methods,” the complaint said. 

The whistleblower noted how dried bird droppings can put people at risk for numerous infections or viruses, and said it is a violation of WAC 296-800-11045. The complaint also alleges that Ivar’s has not been providing employees with 10-minute breaks, which is mandatory under Washington state law, and that upon being hired, employees were forced to sign a meal waiver form.

“They do not deserve our money or our time. Please boycott and spread this information to the community. When we stand together, we can effect positive change and improve labor and working conditions for all,” according to the complaint. 

TtS is awaiting a response from Ivar’s. To file a complaint, visit redcap.doh.wa.gov/surveys.

UPDATE Bob Donegan, president of Ivar’s, responded to TtS’s request for comment, and said the health and safety of both guests and employees is and has always been extremely important.

“We immediately addressed this situation with the bird droppings on the deck at Acres of Clams upon receiving information from a team member Monday night. On Tuesday morning, our property manager confirmed that the roof had just been cleaned and we requested an engineer be sent up to the roof for further inspection.

“Additional inspections and feedback from staff on Wednesday indicated that the source of droppings may have been due to the big winds shaking the awnings. As a result, the awnings were power cleaned at 6 AM Thursday morning. Inspecting the roof and deck areas is a part of our regular cleaning program. We have several protective features in place, including a droppings screen, umbrellas and extendable shades over the dining area.

“The deck is routinely pressure washed, (all water is sucked up and not discharged into Puget Sound). Every table is cleaned prior to opening, and surfaces are wiped after every meal- dozens of times a day. In addition, we keep PPE kits on-site and those are available to all employees at all time in accordance with Health Department guidelines.

As we told our team at the time, we appreciated them promptly raising this concern, which allowed us to take immediate corrective action. We continue to monitor conditions closely and ensure our facilities remain safe and sanitary for both our staff and our guests,” Donegan said.

Donegan emphasized the company’s meal break policy, and said that the voluntary meal waiver form is purposefully excluded from new-hire paperwork so that people don’t feel pressured to sign. He also noted how the waiver can be revoked at any time.

“It also states on any given shift, if an employee prefers to take her-his-their 30-minute unpaid meal break, the employee simply needs to notify a manager at the beginning of the shift so we can schedule it appropriately,” Donegan said. “Some employees prefer this option; others prefer to work through.”

When it comes to 10-minute rest breaks, Donegan said employees have numerous opportunities to take them during their shifts, and that Ivar’s is dedicated to providing these breaks.

“Our approach is designed to provide flexibility to employees while maintaining smooth service to customers. We track each employee’s breaks in our Point of Sale systems at all our restaurants,” Donegan added.