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Making OSHA work
Bills in Congress would take important steps to help ensure worker safety
Thursday, March 18, 2010 | 2:01 a.m.
Over the past few years, Nevada has become a poster child of the problems with workplace safety oversight and regulation. During the construction boom on the Las Vegas Strip, for example, there were 12 deaths in an 18-month period, and Nevada’s workplace safety regulators were criticized for their slow, anemic response.
About half of the states, including Nevada, have their own workplace safety agencies. By law, states are allowed to police workplace safety as long as they uphold the federal standards, which are minimal. The reality is they operate with little real oversight.
The federal Occupational Safety and Health Administration has the responsibility to oversee programs, but it doesn’t have much power to make the states do their jobs. If a state fails to meet the standards, the federal government has one of two options: It can take over the state agency or it can do nothing. There is no intermediate correction or punishment allowed.
That can lead to a serious issue with oversight. For example, in 2007, two workers died after being exposed to fumes in a manhole at the Orleans. A state inspector found that Orleans owner Boyd Gaming had committed a “willful” violation of safety regulations. That is a rare but serious finding. The inspector said Boyd had been warned about problems with manholes but hadn’t properly addressed them.
However, after Boyd representatives secured an unprecedented meeting with a high-level appointee of Gov. Jim Gibbons to discuss the situation, the violation — and the resulting fine — were reduced.
After receiving a complaint about the handling of the case, federal OSHA investigated and found “irregularities” that raised “significant concerns.” The state responded by telling the federal government its conclusions were wrong, and it largely got away with that because the irregularities weren’t enough to force federal OSHA to pull the plug on the state agency.
After being harshly criticized in Congress for the problems exposed by the Las Vegas Sun’s Pulitzer Prize-winning work on worker safety issues, Nevada OSHA has changed its tune and is now working with the federal agency. That is good.
But the issue still remains — states can largely operate autonomously without oversight and that creates a danger in the states with their own programs.
On Tuesday, Rep. Dina Titus, D-Nev., introduced a bill that would change the law to give federal OSHA the ability to exercise greater oversight, without having to take over a state agency. The bill would also require regular Government Accountability Office audits of state agencies and federal oversight, which would provide an independent opinion of workplace safety measures.
Titus’ legislation is important, and it should garner wide support. But it is just one piece of what is needed to reform worker safety in the United States. In 2004, Sen. Ted Kennedy, D-Mass., introduced the Protecting America’s Workers Act, a bill that would provide tougher punishments for workplace safety violations. The bill has been introduced in every session of Congress since, and every time it has languished.
Before Kennedy died last year, the legislation was introduced in both the Senate and the House. It is not a panacea, but it would be a strong step toward improving worker safety.
Millions of Americans are hurt, sickened or killed on the job every year. This should be a bipartisan issue. It is beyond time for Congress to address it.
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I am sorry, but our elected officials in Washington D.C. don't have time to consider passing any bills in Congress that would take important steps to help ensure worker safety.
Obama and both Houses of Congress have squandered the past fifteen months of valuable time trying to cram a health care bill down America's throat that the majority of Americans don't want...
Larry, Larry, Larry,
Congress has been shut down for 15 months by RepublicRAT intimidation, lies, obstructionism, misleading statements, and blocking FOR MONTHS on end presidential appointments only to vote 96-2 or something similar to try to get rid of the democratic majority in both houses.
They have left, in their wake of raping and pillaging the American fabric the only real estate collapse in our history, a complete dismantling of our manufacturing base, an open door import policy that stabs American business people AND American families in the back.
The republican party has done what the USSR tried to do to us before they imploded.
You people are so anti American and so destructive to the American spirit that I am not sure if we will ever regain our pre-eminance as a country again, We have gone since Reagan from being the largest creditor nation to the worlds largest debtor nation. When we can't pay -- which WILL happen, you will try to blame it on the left. The left has every majority now, and all it has done is made you more feral and cowardly. You politically cry fire in a crowded theater and then say it was democrats that did it, and go to your teabagger parties and make more signs to tell more lies.
Thanks Larry. We owe it all to you.
You know damn well if new OSHA regs were trotted out, it would have been filibustered and demagogued, it is all you folks do, why do you hate your fellow countrymen so much?
Oh -- a side note for the "when he gets convicted, wake me up" crowd:
From Talkingpointsmemo.com
"It sounds like the federal grand jury probe of the sex-and-lobbying scandal that ensnared Sen. John Ensign (R-NV) is getting hotter than a Las Vegas parking lot in July.
Two Justice Department investigators came to Sin City last week with subpoenas for six local business, reports a TV news station -- part of what's described as a 'wide-ranging and deadly-serious criminal probe'".
It looks like he may me takin some good people down with him. If he had left town when this was disclosed do ya think this probe would still have surfaced?
And we still haven't heard a peep from Cynthia Hampton.
Can we please leave the health care bill out of it or blaming the dems or republicans? At least in this issue. It's about keeping people alive! It's about stopping the corruption and power plays and holding companies accountable for giving their employees a safe place to work and making sure the agency that is responsible for making that happen does its job properly. Its obvious you haven't been touched by the death of someone close to you that was totally preventable and then had to deal with the power plays that reduced that death to insignificance. I for one hope that Nevada will become the "poster child" of how to it right and sets the example for the other states.
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Fellow Singers and Choir Guys !
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Clinton's 8 years made our country great and we prospered. AWOLBush stole in and destroyed it.
He fellow henchman in England, Tony Blair, did the same there.
Now Titus is trying to improve many things but it will take generations to overcome the incinerated moonscape left by CriminalBush and his legacy of donut holes health care, illegal war, torture and wire taps on ourselves, turning us into an East Berlin. He and his idiot boys really should be put on trial.
The man on the street needs stronger protections on the job.
Black Lung, okay? Who would like some?
Asbestos? Want any as you do the brakes on my 56 Chevy restoration?
Hey, being in the hospitality industry you may take your grievance regarding smoking in casinos to your representative.
Avoid SenEnginee, he is corrupt, a home wrecker, dishonest and a violator or oaths. What in the world would he do for anybody outside of a big corporation or one of the health insurance companies who are taking us average Joes to the bank with enormous profits each and every quarter.
Thanks
Shout Outs To ::::::::::::::::::::::::::
The Ladies Stichers Association Of Mexico City Of Mens Bikini Briefs Underpants !!!!
LetJusticePrevail,
Not sure why you made the assumption you did, but I am not going to make an issue of it. Please tell me your plan or ideas that will generate new protections and generate total support from all elected officials and teabaggers too.
"In 2004, Sen. Ted Kennedy, D-Mass., introduced the Protecting America's Workers Act, a bill that would provide tougher punishments for workplace safety violations."
If the employer is at fault they should be corrected/punished. What do you do about the employee who disregards known rules? Currently, the employer is at fault.
ecm:
Maybe you fire him or her?
And if they hurt someone the aggrieved party sues civilly?
Seems sorta easy if you try...
Jeff, I'm sorry I didn't understand how the scandal etc had to do with this article. My point was to talk about safety and not drag all this other stuff into this particular commentary. No one can eat an elephant in one bite but we can tackle the issues that will help make a difference. The new Protecting America's Workers Act would, in part, allow for higher penalties to repeat offenders and also allow for criminal prosecutions to company officials who knowingly ignore safety procedures and cause death(s) among other things.No one is going after the good companies who are trying to do the right thing, in fact sometimes they need help in understanding what is expected of them. That isn't the issue, it's the repeat offenders who continually worry about the bottom line of their company and count the cost of an injury or death as just a part of doing business. Killing a deer in one state and transporting it to another state without a permit will get someone a huge penalty and jail time but a company who causes a death gets a slap on the wrist. One example of how things are so out of whack.
Supporting the new PAWA will help bring some changes. As far as what Titus is addressing is the fact that state plan states can thumb their noses at the feds and nothing happens. They must be held accountable for the decisions they make too. They are not above corruption and what she is proposing would help stop the back room deals. What's wrong with that?
ecm - you're right. It's not fair that a well trained employee can ignore their training, cause an injury and the employer is held accountable. That question was asked directly to someone in the DOL in DC and there isn't a way to get around it (at this point)except for the employer to take action and fire or discipline that employee. I understand(first hand)from the employers perspective why it isn't fair but the employer does have recourse by firing the offending employee. I wouldn't feel sorry for them if they did get fired. It's the rouge companies who need to be held accountable, and if they had to face huge fines and possible jail time I'm sure most of them would think again before putting their workers at risk. Does it not bother anyone that on average 16 people lose their lives daily in this country? At least I am willing to try to make a difference.
www.weeklytoll.blogspot.com
LetJusticePrevail:
Good answer. If the country was made up of people like you and me we would be much better. I will send you my email address for you to keep me informed on this issue as this day for this issue fades.
Thanks for the heartfelt response, and apologies for any offense you may have taken. Sometimes the reflex of protecting our country so we can have people like you be our leaders and keep us informed, we throw our elbows too much. Look forward to hearing more from you.
Jeff, no offense taken. I can get wound up over what's happening to our great country as well.
I would be glad to keep you informed and maybe you would even jump on board to help make a difference. The reason I am so passionate about all this?....my 26 yr old son was taken from me because of Boyd Gaming's intentional indifference to safety. And for those who will get up in arms that maybe it was his fault - he was NOT trained in confined spaces and his supervisors didn't feel the need to do so! Jeff, if you send me your email I will share further if you're interested. Thanks for your response.
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Cracker Box Fillers Association of Lower Nevada - Pay Attention - Those of You Who Disagree With The Attached Views Discontinue Reading Now
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Is there anyone in this entire state that would stand up and say, " I'm happy with Sen. Ensignee."
This man does not belong getting voted in as a Senator with the kind of power that goes along with the job. He's a sympathizer of AWOLBush and his henchmen of blood and voted for war, warrantless wire tapping and torture. A jerk, indeed. Tony Blair, another AWOLBush henchman.
One can only imagine what his wife really went through during the hidden affair with Cindy ... and what she must be going through now. God it has to be downright awful, awful.
Next election will tell it all.
Titus will get the job done. Osha needs a tune up and enforcement.
Thanks
Tobacco Bits and Pieces Shredders Union of North Carolina - A big thanks !
The average OSHA inspector couldn't find his keester with both hands let alone a violation. Why are all government employees so stupid?
jib101, that's easy, they were trained by republicRATs :)
What does healthcare have to do with OSHA and the like? The use of socialized medicine and universal healthcare would take up the onus created by the current Workers' Compensation system, if it was included. WC is another way you and me pay through the nose for healthcare in this country, while teabagger types insist what they classify a socialism, wrongly, would cost more. So . . . part of the reason for companies to lie, cheat and steal, including using senators to do it for them, would be removed.
Also, there are already substantial penalties, criminal, monetary and otherwise, IFF the agency, DOJ and the DOL would use them. However, the P&P under the former Bush Admins make it near impossible. Again, IFF they did what is already prescribed . . .
Next - why would any OSHA inspector find anything when you get paid the same, even rewarded, but certainly its less troublesome, to find nothing. Especially at high profile projects.
I'm all for the protection plan and law. But to sit there and cut down others for being Republican and Government Employees is crazy! I'm a republican, a union member, and a Safety Specialist for the Marine Corp. So that automatically makes me and my co-workers bad, because most of them are the same as what I just mentioned!
I agree those companies need to be held accountable, as do individuals! If they know that they are doing something that is unsafe, they know their lives are in their own hands.
I agree with what many democrats have to say, but you need to remmeber, there are bad apples on both sides of the tree! No matter who is office, there is bound to people who are peeved off! Plain and simple!
Don't hate every Republican or every Government employee. My co-workers and I work our tails off to keep these Marines and Civilian Marines safe, as do those safety specialist at Army, Navy and Air Force Bases. But we also do alot more then OSHA, we train these men and women how to be safe, and how to report safety issues. So I'm proud to do my part, so you all can be proud of our military.