State OSHA boosts work site safety

Public, union pressure had mounted following Strip construction deaths

Saturday, May 31, 2008 | 2 a.m.

Construction Deaths

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OSHA Training
House Subcommittee to Hold Hearing on Construction Deaths (5-16-2008)

Nevada will begin requiring contractors to place temporary flooring or safety netting beneath employees working on high-rise projects, the state Occupational Safety and Health Administration announced Friday.

The ironworkers union had increased pressure on the agency to require the safety measure after the Las Vegas Sun’s recent series of reports about the deaths of construction workers on the Strip.

The requirement, effective Aug. 1, marks the first state policy change in response to the deaths.

“Considering the unprecedented levels of construction that are currently taking place, particularly on the Las Vegas Strip, we are pleased to be able to implement stronger regulations to protect workers,” Tom Czehowski, Nevada OSHA’s chief administrative officer, said in a news release announcing the change.

In the past 18 months, 10 workers have died on Strip construction sites amid the ongoing $32 billion building boom. Two of those were ironworkers whose falls could have been stopped short if decking or netting had been in place.

Federal safety laws enforced locally by Nevada OSHA have long required that employers provide safety netting or temporary flooring to catch workers who fall. Those rules remained official law even after new steel erection standards were adopted in 2001 after many years of negotiation involving labor and industry representatives.

But in 2002, federal OSHA issued a directive that said the agency would not enforce the requirement for netting or flooring if employers required workers to wear safety harnesses, which are attached to cables that workers tie off from above.

Federal OSHA maintains that the two forms of protection are redundant and unnecessary, and Nevada OSHA had abided by the decision in its wholesale adoption of all federal compliance directives.

But in the decision announced Thursday, Nevada OSHA concluded that this particular interpretation had weakened safety standards by increasing fall distances, raising the possibility of injuries from falling objects and making it more difficult for rescuers to reach the upper levels of high-rise buildings in an emergency.

California reached the same conclusion and chose to ignore the 2002 federal interpretation.

Nevada’s decision came in response to several entreaties from the ironworkers union, including a letter last month from Chuck Lenhart, business agent for Ironworkers Local 433, asking for enforcement of the safety flooring requirement.

Last week, AFL-CIO Executive Secretary-Treasurer Danny Thompson and several representatives of the ironworkers union met with Czehowski, who later sought and received the cooperation of contractors through the Associated General Contractors, a trade organization.

At the federal level, the International Association of Ironworkers union has met with representatives of the federal Labor Department and Congress regarding the policy.

Though in Las Vegas the focus of attention has been on the decking standard, the union had also asked federal and Nevada OSHA officials to review a section of the directive that abandoned enforcement of a standard for placement of connecting studs on steel beams. The union says enforcing the standard would help prevent tripping hazards.

On Friday, Nevada OSHA said it would start enforcing the original standards for connecting studs rather than follow the federal interpretations.

“It’s a big deal that Nevada OSHA rescinded these directives,” said Greg McClelland, a safety expert for the Ironworkers Western District Council, which oversees Nevada. McClelland has been involved in the discussions with Nevada OSHA.

“This specific issue has been a fight between the Ironworkers International and the federal government since this compliance directive was first issued. I would hope other states would now make changes too. I hope this is the pebble in the pond.”

Discussion: 7 comments so far…

By sslblv

5/31/08 at 6:53 a.m.

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Tom Czehowski had the opportunity to forge a partnership with the City Center contractors at the beginning of the project and he refused! He is now trying to save face with this new ineffective requirement. The ironworkers who have died contributed to their own deaths by not following the rules already in place. Their ancient way of thinking will continue to kill their union members. Hitting decking will not prevent deaths. The major projects already require 100% fall protection above six feet. If this rule is applied as it should be by the ironworker subcontractor, deaths will be prevented. The addition of nets and/or decks will not prevent falls! Employers, by law, can not allow employees to fall more than six feet. Ironworkers want to reply on the outdated practices in 29CFR1926, Subpart R. (It took them 8 years to agree on this "new" standard that still allows employees to fall more than six feet.) It is no secret that ironworker subcontractors that have embraced the 100% tie-off, like LPR, have fewer accidents and they do not kill their employees when the employee use that method of protection. The AGC does not represent the contractors of Las Vegas. When an organization's dues are based on their annual total volume of business and memebrs must pay for training offered, it is clear to see where the AGC's interests lay.
Until owners and the upper management of the general contractors decide enough is enough, we will not real progress in the construction safety arena. Far too many contractors do not require basic OSHA 10-hour training for supervisors and foremen. No one is held accountable for their behavior. Several supervisors were recently fired because they allowed the wrong size rebar to placed in the upper floors of one City Center hotel. When was the last time a senior superintendant was fired over an employee injury? Too little too late, again.
By Eddie

5/31/08 at 11:08 a.m.

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To bad something wasn't done before yet another death this a.m. at City Center. Construction accidents, hepatitis scare, corrupt judges - What a town!
By casinokid

5/31/08 at 8:45 p.m.

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Here's a thought the FDA requires a inspector at the plant when meat is being processed the IRS also requires an agent in the casinos to look out for their interest Why can there not be a OSHA agent on the construction sites more than one depending on the size of the project to ensure that safty rules are being followed by the employees as well as the management? Is it because they themselves (OHSA Agents) would be subject to injury or death by there own policy making or should i say the lack of.
By cliffee

6/1/08 at 9:09 a.m.

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how many osha inspectors do you think there are?
Let me fill you in on a couple of things. Twenty or so in the State of Nevada, 1400 nationwide. The key here is for employers to follow the established regulations that protect employees.
The death at city center saturday apparently happened on a mobile crane. The regulations specifically require a controlled access zone around a crane in operation.
The problem is that employees will take short cuts to get a job done quickly. Compare it to driving a car, do we all follow the speed limit all the time. My point is we all know the rules are there, but we don't follow them.
By Eddie

6/1/08 at 12:43 p.m.

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I agree with cliffee. A lot of accidents happen because people want to do it their way and figure no one is watching them. It only takes a split second for things to go terribly wrong. My best thoughts are with his family.

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