A new state OSHA

Sunday, March 29, 2009 | 2:06 a.m.

Before 1970, workplace safety regulations in America were wildly inconsistent. Regulations differed from state to state, so Congress that year intended to bring uniformity and better safeguards with passage of the Occupational Safety and Health Act.

Before the legislation passed, a sticking point in Congress was the states’ role in regulating worker safety. Those in favor of allowing states the freedom to oversee safety said the states knew their industries best, that they could be more responsive and innovative in their safety programs.

To address concerns about states’ sovereignty, Congress gave states the option of regulating worker safety instead of ceding responsibility to the federal government’s Occupational Safety and Health Administration. The states that chose to do so still had to meet the federal government’s minimum standards. A major problem, however, is that most safety experts say the standards and enforcement aren’t tough enough. The state agencies are supposed to set appropriate standards and create programs that address homegrown industries, but most of them have been hindered by small budgets driven by the whims of state politics.

Nevada’s agency provides a portrait of the problem, having fallen far short of faithfully carrying out its mission of protecting workers. Without an adequate budget, it has not had the staff to properly inspect workplaces, much less to work with businesses to find ways to improve safety. Setting standards — and then actually enforcing them — has largely been an afterthought.

The proof of the agency’s failure can be seen in the spate of worker deaths in Southern Nevada. As the Las Vegas Sun has reported, the agency’s practice was to negotiate away fines and citations for companies found responsible in cases involving deaths and injuries.

In response, the state Legislature has started to look at how to overhaul Nevada OSHA. The first bill to receive scrutiny is Senate Bill 288, which would remove the agency from the auspices of the Business and Industry Department and put it under a review board.

Lawmakers pointed to two worker deaths at the Orleans in 2007. After the deaths, the then-head of the Business and Industry department, which oversees Nevada OSHA, held a meeting with Orleans representatives to try to determine the company’s responsibility in the matter. The federal government found nothing illegal or against regulations, but said Nevada’s handling of the case “raised significant concerns.”

There are a number of things that should alarm lawmakers, particularly Nevada OSHA’s handling of construction sites on the Las Vegas Strip during the recent construction boom. The agency was slow to respond to the frantic pace of work, and 12 workers died over a 19-month period. Those deaths were noticed in Washington, where Congress held a hearing that prominently displayed the problems in Nevada.

Congress is now considering overhauling the federal worker safety law, which is much needed. Raising the federal standards would raise the state standards, but that is not enough. If state worker safety agencies are to continue in their role, they need to be strengthened dramatically.

The Nevada Legislature should act boldly to address the issues brought to light by the workers’ deaths in Southern Nevada. SB288 is a start toward changing the agency, but merely moving the agency out of the department does little to address the endemic problems. The Legislature should not only work to remove politics from the way the agency operates, it should also give the agency more staff and resources.

The state has to send a strong signal that business as usual isn’t acceptable anymore. With more people and resources, Nevada OSHA could institute better training, more programs to help employers improve their safety records and tougher enforcement to ensure compliance. Nevada OSHA, as well, has to maintain the will to impose fines when warranted and not bow to pressure from companies to reduce penalties.

The attitude toward worker safety must change, and to do that lawmakers should be committed to creating an agency that fosters safe working conditions. Nevada’s workers deserve it.