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StumbleComplaints aired about worker safety training regulation
Published Tuesday, Dec. 22, 2009 | 1:56 p.m.
Updated Tuesday, Dec. 22, 2009 | 3:18 p.m.
CARSON CITY – Small business leaders and local government officials criticized a new law that requires construction workers and their supervisors to undergo safety training.
The law, a response to the rash of deaths on Las Vegas projects, was the subject of a televised public hearing by the state Division of Industrial Relations Tuesday before packed rooms in Las Vegas and Carson City.
The proposed regulations become law Jan. 1.
Union officials praised the legislation passed by the 2009 Legislature. Steve Ross of the Southern Nevada Building Trades Council said this training may have prevented some of the deaths if the law had been in effect. More than 20 workers died in worksite accidents within an 18 month period.
But business owners said the law was unclear whether it covered maintenance workers or truck drivers that arrive at the construction site and then drive away with a load full of scrap.
Vicki Robinson, representing the city of Las Vegas, said the regulations don’t provide any guidance on the definition of a construction site or a construction worker. She told hearing officer Steve Coffield that the training of the city’s construction workers would cost $750,000 and “That’s money we don’t have.”
Harry Kock, owner of a small plumbing business in Carson City, said this law kicks in at the worst possible time because there is no business. He wondered who would pay for training for workers and who would foot the bill for government employees.
Coffield told Kock that employers are not required to pay for the training courses.
Other employers complained that the state training courses are filled until February and March. But Coffield told them they could seek “third party” trainers to fulfill the requirement.
The division initially drew up regulations but they were rejected by a legislative subcommittee. Gov. Jim Gibbons will have to sign emergency regulations to take effect Jan. 1 while the division takes more testimony and may make changes in the regulations.
The law requires construction workers to complete a 10-hour health and safety course and supervisors must finish a 30-hour course.
Jack Mallory, representing the painters union, said the regulations should apply to the owner of a construction company that supervises his workers. He recalled that construction work at the CityCenter in Las Vegas was shut down because of unsafe conditions.
Mallory also challenged those employers who said this cost would put them out of business.
Steve Gustafson, representing Mineral County and a small utility, said the taxpayers and the customers of the utility will get hit with covering the training costs. He said he can’t get trainers to come to Mineral County and “rural counties are financially strapped”
He said there must be an increase in taxes and utility bills to pay for the training courses.
Bob Ostrovsky, representing the city of Las Vegas, the Nevada Resort Association and Cox Communications, suggested that the training requirement not apply to existing workers. And he said employers should be given time to apply.
The law requires employers to suspend or fire the worker on a construction site that fails to provide proof of the required training within 15 days after being hired. An employer who fails to verify the training can be fined $500 on the first offense and up to $1,000 on the second violation. A third and subsequent offenses can carry a fine of up to $7,000.
This story has been updated to correct identification of Vicki Robinson.
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"Union officials praised the legislation passed by the 2009 Legislature. Steve Ross of the Southern Nevada Building Trades Council said this training may have prevented some of the deaths if the law had been in effect."
The death's occurred on Commercial/Union jobsites. If I remember correctly, aren't union members trained as apprentices regarding OSHA regulations? So, exactly how would this training have prevented the deaths?
The only people that benefit from this legislation is the Trainer. They make a load of money.
ecm: Read federal osha report on worker safety practices (mostly lack thereof) that took 18 lives on the strip. The LV Sun got a Pulitzer for its investigative reporting. Trainers are paid. Yes, you're right. FOR A REASON!
ecm: While most of the deaths did occur on commercial/union job sites, and I'm not addressing the clear problems there, it doesn't mean that they are the only workers in the state who were killed or injured and everyone deserves to learn how to keep themselves safe! You say that the only people who will benefit is the trainer because he will make money....IF MY SON HAD BEEN PROPERLY TRAINED BY HIS NON UNION EMPLOYERS HE WOULD NOT HAVE LISTENED TO HIS SUPERIORS AND GONE INTO AN UNSAFE ENVIRONMENT AND HE WOULD BE ALIVE TODAY!!!! He certainly would have benefited.
I understand some of the concerns but if something isn't done to bring about awareness then people are going to continue to die. On average, 16 people PER DAY die due to a workplace incident in this country and that is just unacceptable. It will be completely unacceptable to you should it be one of your family members, and I hope that never happens! Again, something has to be done.
www.usmwf.org
www.16deathsperday.com
every1 should learn about safety what wrong what right. it might save your life and go home to your wife and kids. i work in construction already went to school i see so many thing on job site that can kill and mame. please learn and live
At the time City Center was being built there wasn't a Union in this city that could keep up with the demand for workers and thus many of the men and women that were sent out was either from another State or they were organized out of the Non-Union sector and many of the men and women never was taught the safety standards that our state has in place. And once these people get out on the job sites they are promoted to a supervisor positions. Plus You also have a 60 +- acres of work site that has 50+ overhead cranes on it with about 8000 + workers all doing something different every single day. And then if thats not enough you throw in the mix contractors that wants to get the job done faster and then you throw in there a designers that cant make up there minds on certain things You add all this up and you have 16 people die on a job site. And other unforeseen injuries. After City Center was reguired to train every person the Osha 10 class job site deaths went down, injuries went down and everyone knew the rules. Yes when we go thru a Union apprenticeship at least with my Union we are required to go thru a 30 hour and a 10 hour Osha class. However our union also organizes shops into the union and they take in all the men and women that are employed under that employer. Some of this group are required to take a Journeyman test and after the test is evaluated the persons are either given a Journeyman card or is required to go thru the apprenticeship. Our Apprenticeship is a joint program between the contractors and the Union they share in the cost. So all those companies that complain about the cost and so on go join the unions Joint Apprenticeships and share the cost with the unions. But remember Safety is important to all of us and there is no money savings when someone cant go home to there family and Children are without Fathers and Mothers because the company wanted to save a few bucks for not training.
All the safety training and regulations are useless without enforcement. Managers and supervisors that care about their employees are assertive and tolerate no exceptions.
WhenI went out to work at City Center, over a year ago,all the new hires were taken to a large double wide trailer for safety orientation. The paperwork that had to be filled in was passed around to everyone in the trailer. At the same time the safety man was telling us Americans what to fill out there was a lady speaking Spanish telling all the illegals what to fill out.
When everyone was done with the paperwork the lady that was translating left the room and the safety man gave his OSHA 10 class that lasted all day in English only. Those illegals sat there all day long and didn't understand one thing, then we all took a test on what was covered that day in English.
At the end of the test everyone was graded on the test and everyone passed, even the illegals that couldn't speak English. It was a miracle!
They robbed americans from getting jobs, and there were plenty trying to get work here that came in from other states. Some of the union halls told our citizens that there was no more work but were hiring illegals at the same time.
They also were working on these projects and had no idea with what was going on with safety.
Should the contractor be fined for letting illegals work and take that work away from americans? Should the contractor and illegal be fined because they pulled the wool over OSHA's eyes in getting the OSHA 10 card to the illegal that took a class in which he had no idea what was even being said?
You think the FED's would be ashamed with what has been going on. Nope business as usual.
Business leaders and businessman are squabbling about the new osha 10 hour training requirements. The OSHA Outreach Training Program is THE primary way to train workers in the basics of occupational safety and health. Without the basics how can we expect to reduce deaths and accidents on the job!
The cost for this training is not excessive. You can train online for less than $100 a student, and most classroom training costs around $125 or so. Every legitimate business provides training for its employees-at their cost. Most of the training is discretionary, and is not deemed necessary to preserve life and limb. In this instance, asking that employers protect employees is basic common sense and now the law. Let's stop fighting this and start training employees to make a safer workplace.
Peter Altuch, President
HR Training University
800-501-9440
http://www.hrtraininguniversity.com/osha...
letjusticeprevail; I am very sorry for your loss.
WITHOUT this new law, OSHA requires contractors to train their employees. The training includes personal protective equipment, fire extinguishers, heat exhaustion, ladders, scaffolding, fall protection, where to find the Material Safety Data Sheets, lock out tag out, etc.
If the above mandatory training is done, how is the OSHA 10 class going to help the worker, it's not they already know this information. If the above mandatory training is not done fine the contractor, and keep fining them until you put them out of business.
And another thing; why just construction workers?
Every construction worker that reads this story needs to know you can check the contractors safey record at this site; http://www.osha.gov/pls/imis/establishme...
I don't think anyone is arguing about the benefits of worker safety training. One problem of this regulation is that the requirement (and therefore the cost)of the training is on the employee not the employer. Traditionally, and under most if not all OSHA regs the employer is the one responsible to train their employees in the hazards associated with their work. This law says that employers must verify within 15 days that the employee has a 10 or 30 hour card or they must be fired. If the employer fails to do this, they are subject to fines by OSHA. The emergency reg cited in the article says that current employees must also have the card. So how does a municipal employer who has employees who may "occasionally" do work that could be construed as "construction" and are covered under a union contract require them to pay for the training? Mr. Coffield says that employers "may" pay for the training. So, eventually the City (you and I) will pay for the training. Thats not necesarily bad mind you...as long as everyone knows where the money is coming from. There are many other things that are wrong with this reg that are more about how to implement it and run it, fund it and who it actually applies to. There is a very thin line between construction and maintenance and OSHA assures us they know the difference but the fact of the matter is there is no defintion of maintenance in the OSHA regs. If as the Federal Report on OSHA says that Nevada OSHA inspectors failed to recognize hazards on construction sites...are we going to trust them to know the difference between the two? But not to worry...the legislature will have another chance to screw it up in a about a year and half.