Rare study by feds may prompt OSHA changes

Friday, July 31, 2009 | 2 a.m.

LABOR DEPARTMENT

Jordan Barab, acting assistant secretary of labor who oversees federal OSHA

Construction Deaths

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Bill introduced to stiffen worker protection laws (4-23-2009)
Labor secretary says OSHA to be strengthened (4-23-2009)

The U.S. Labor Department has formed a task force to look into problems at Nevada’s Occupational Safety and Health Administration, a top official said Thursday.

For the past week and a half, two officials from the Labor Department and two officials from other state workplace safety agencies have been at Nevada’s OSHA offices to review the state’s practices for investigating workplace accidents, said Jordan Barab, the acting assistant secretary of labor who oversees federal OSHA.

After speaking to officials and reviewing documents, the task force will issue a report detailing any problems it discovers and recommending policy changes. The report is expected in about a month.

Barab acknowledged that the move is rare, and an indication that the federal agency has serious concerns about how workplace safety has been handled in Nevada over the past few years.

Nevada officials said they are cooperating with and support the review.

Nevada, along with about half of the other states, operates its own agency, known as a “state plan,” to enforce laws governing workplace safety. In the remaining states, Barab’s agency, federal OSHA, governs workplace safety.

FedOSHA is also charged with reviewing the state plans to make sure they’re at least as effective as the federal agency.

Its mission has remained constant, but FedOSHA’s level of oversight has varied over the years. Direct interference in the operation of state plans is rare.

The power of the federal government in regulating the state agencies is limited. Its only enforcement tool — the takeover of a state agency — is drastic and has never been used.

At a meeting last month of state plan administrators in Portland, Ore., Barab told state officials that the federal government plans to step up its monitoring of state plans.

So far, only Nevada is being visited by a special task force.

FedOSHA officials routinely look at data from state plans, speak to local officials and investigate incidents that are brought to their attention. But OSHA observers say their intervention here appears to be the most dramatic federal involvement in a state plan since the feds nearly took over North Carolina’s state plan in 1991, after a fire at a poultry plant there killed 25 people.

New Nevada Industrial Relations Division administrator Donald Jayne met with Barab at the gathering in Portland. During that meeting Jayne agreed that Nevada OSHA has had problems and responded favorably to the task force plan, Barab said.

Nevada OSHA came to the attention of federal officials last year after a string of 12 construction worker deaths on the Strip in 18 months amid fast-paced construction. In June 2008, FedOSHA inspectors took the unusual step of joining Nevada inspectors in looking at safety practices at large Strip sites, including CityCenter, Cosmopolitan and Planet Hollywood.

Federal officials also responded to the state’s investigation of a double fatality involving maintenance workers at the Orleans. After two workers died and a third was injured at the casino in February 2007, several people involved in OSHA’s subsequent investigation issued a formal complaint to federal OSHA about the state’s unusual practices in that investigation.

A Sun series, which this year received the Pulitzer Prize for Public Service, drew attention to the deaths and the failure of government, management and labor to protect workers.

After investigating the Orleans incident, federal officials concluded that Nevada’s conduct had been problematic and asked the state to review its practices.

Tom Czehowski, the state OSHA administrator at the time, responded to the federal request last fall, saying the agency would not comply immediately.

The developments prompted efforts by the Nevada Legislature to revamp the agency, but lawmakers’ efforts largely failed.

With the federal scrutiny and retirements of key personnel in Nevada, change appears to be coming to the agency.

In March, Czehowski’s boss, Industrial Relations Division administrator Roger Bremner retired. Czehowski retired in May.

As the new chief of the Industrial Relations Division, Jayne intends to forge a close partnership with federal OSHA, he said.

“We have the same mission,” Jayne said. “We all want to make sure we have safe workplaces in Nevada and around the country. We hope to get valuable feedback and if we have procedural problems and someone helps to identify them, we’ll fix them.”

Jayne ran the state’s workers’ compensation program from 1991 to 1993. He found that the agency was headed toward bankruptcy, which led to major agency changes and eventually, privatization of workers’ compensation in Nevada.

Jayne, who is hiring Czehowski’s replacement, said Nevada OSHA is complying with FedOSHA’s request to do a self-evaluation of its procedures and policies, especially those related to the Orleans incident. He expects to have the results of that review in 30 to 60 days.

The federal task force arrived July 22.

That day, Jayne organized a meeting with the media at his offices. It was an abrupt shift in strategy for an agency that was closely guarded under its former leadership, and whose officials almost always refused to speak to reporters.

The task force will conclude its work in the state office by Aug. 7.

A federal takeover of the state agency is not on the table, said Barab, who will become the No. 2 person at OSHA after an assistant secretary is confirmed. (President Barack Obama on Tuesday nominated George Washington University professor David Michaels for that post.)

“We’ve had nothing but good vibes from them,” Barab said of Nevada OSHA administrators. “We’re completely confident that they’ll take our recommendations seriously.”

Discussion: 9 comments so far…

By firedawg2000

7/31/09 at 7:37 a.m.

Suggest removal

It sucks that it took so many deaths for this to finally happen. This is long time over due, but better late then never.
By roverrover2

8/1/09 at 12:02 a.m.

Suggest removal

FEDS INVESTIGATE OSHA WORK INJURIES IN LAS VEGAS 7/31/09

I was injured in Las Vegas, Nevada and was left in the cold by my former Employer Berg Electric, CCMSI, Associated Builders & Contractors and H.R. Marcos Garcia. I was denied any and all medical treatment after the injury was accepted by Berg Electric and affiliates. A Concentra doctor approved a referral to a specialist and it was denied by Berg Electric and CCMSI, a referral by a professional Doctor. Now still fighting for my rights and getting nowhere with our justice system. My family and I have suffered losses to include our two homes, retirement, savings, credit, my health, work loss of one income and incurring bill for medical, medicines, loss of insurance for the family and many awful things that could have been prevented, but Berg Electrics actions left Mr. Rivera, J.C. with an irreparable construction work injury that has changed his whole life as his family & he know it! Check Blogger.COM>"Once Military, Now As A Civilian". Story is all there. I HOPE THE FEDS READ THIS STORY, I DARE.
By roverrover2

8/1/09 at 12:06 a.m.

Suggest removal

Juan Carlos Rivera,
Plaintiff,

VS. 2:08-cv-01176-PMP-LRL

Berg Electric, AMENDED
CCMSI, CIVIL RIGHTS COMPLAINT
Marcos Garcia,
Defendants(s).

This Amended Civil Rights Complaint is to request for Leave (permission) on to this same case number to allow Mr. Rivera, Juan C. to pursue his Civil Rights which are protected under Title VII of The Civil Rights Act of 1964, under unlawful employment practices, Title I of The Americans with Disabilities Act of 1990; which reads:
To act "under color of" state law or any law for 1983 purposes does not require that the defendant be an officer of the State or Government. It is enough that he is a willful participant in joint action with the State or its agents. Private persons, jointly engaged [449 U.S. 24, 28] with state officials in the challenged action, are acting "under color" of law for purposes of 1983 actions. Adickes v. S. H. Kress & Co., 398 U.S. 144, 152 (1970); United States v. Price, 383 U.S. 787, 794 (1966). This means that the Federal court should move forward without prejudice in favor of the Plaintiff. The Defendants are arguing that Defendants are not officers, but Title I of The Americans with Disabilities Act (ADA) does not state in any form or fashion that the injustice acts and adverse actions of retaliation or discrimination are to be from an officer of such or any government and or city entity. It also state that prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against"..! Public policy concerning injured workmen creates an exception to the at-will employment rule!
By roverrover2

8/1/09 at 12:06 a.m.

Suggest removal

FINDINGS TO SUPPORT The Plaintiff:
1.([HANSEN V. HARRAH'S (1984)] -- Workmen's compesation claim is actionable in Tort. Punitive Damages are available as well. Under Nevada Supreme Court. This will sustain the FACTS of Mr. Rivera V. Berg Electric. To include a Judicial Review (A writ of certiorari) in that Berg Electric, CCSMI and Marcos Garcia have an advantage over Mr. Rivera in that Mr. Rivera is Representing himself, and like to request representation by the Federal Court and to be given the same opportunity as criminals are given to defend themselves with given counsel.)

2.(Also Note: [D'Angelo v. Gardner (1991) -- Workers Refusing to work under conditions unreasonably dangerous to the employee. Mr. Rivera and Mr. Mike Galloway were told by foreman Glen Rawlins to continue working as they were when injured in the same location with no change to the danger in the location where Mr. Rivera and Mr. Galloway was injured. Note that Mr. Galloway is a credible witness and can attest to statements declaired. Mr. Galloway did not follow thru with a grievance due to fear of retaliation and the threat of lossing his employment, while wife was pregnant during this time. To include the threats to Mr. Galloway on the injury situation with Mr. Rivera, that the threats were initiated and directed to Mr. Galloway by Berg Electric Supervisors. The names and time of these allegations are findngs that can be disclosed in court with a jury of Mr. Rivera's Peers as requested in the beginning of this Law suit.)
By roverrover2

8/1/09 at 12:07 a.m.

Suggest removal

****3.(To act "under color of" state law or any law for 1983 purposes does not require that the defendant be an officer of the State or Government. It is enough that he is a willful participant in joint action with the State or its agents. Private persons, jointly engaged [449 U.S. 24, 28] with state officials in the challenged action, are acting "under color" of law for purposes of 1983 actions. Adickes v. S. H. Kress & Co., 398 U.S. 144, 152 (1970); United States v. Price, 383 U.S. 787, 794 (1966). This means that the Federal court should move forward without prejudice in favor of the Plaintiff. The Defendants are arguing that Defendants are not officers, but Title I of The Americans with Disabilities Act (ADA) does not state in any form or fahion that the injustice acts and adverse actions of retaliation or discrimination are to be from an officer of such or any government and or city entity. It also state that prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against"..!
This in itself should discuss the courts, in that the Defendants and their Counsel are trying to circumvent the Law into their favor, or in other words Dup the Federal Courts Judges into believing just part of the Law, not in its entirety. It is not enough that the Plaintiff is representing himself?)
****3(a) Title I of the Americans with Disabilities Act of 1990 prohibits private employers (Berg Electric), state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.
By safetyone

8/3/09 at 10:07 a.m.

Suggest removal

I GUESS NO ONE READ ANY OF MY PAST COMMENTS.
AN INSPECTOR MANY YEARS AGO WENT XMAS SHOPPING AND FILLED OUT INSPECTION REPORTS AND LATER PROMOTED.
A RELATIVE WAS SELLING SAFETY EQUIPT.
IN THE 70's THEY DIDN'T KNOW WHAT NFPA WAS.
OSHA, READ MY PAST COMMENTS AND DO WHAT YOU DID TO CAL OSHA YEARS AGO.

SORRY NEVADA THAT POLITICS GUIDE YOUR SAFETY AT TIMES.

REST EASY, NOTHING WILL CHANGE IT HAS NOT IN YEARS
By SafetyNow

8/4/09 at 10:23 a.m.

Suggest removal

Safetyone am I to understand you correctly? You got promoted after doing things such as filling your reports out as you were xmas shopping? If that's true then it would seem that you helped to create the problems Nevada currently faces. As if I understood you correctly what your saying is you cared so little about what you were doing you failed to even attempt to give your investigations the attention they deserved. Opting instead to make your job the lowest of priorities. Which is more than just a little disturbing. Nevertheless I assure you things are about to change for the better in Nevada and across the country and during that process I look forward to watching every last OSHA investigator who fails to do his/her job to the best of their ability be replaced by those who will. You are seriously underestimating the ability of Jordan, David & Hilda to get the job done and I for one will be laughing in the background when they prove you wrong.
Thanks for another great story Alexandra! Talk to ya soon.
Mary

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