Mother calls for criminal probes in workplace safety cases

Debi Fergen, holding a picture Monday of her son, Travis Koehler, who was killed at the Orleans, filed a complaint with Fed OSHA and received a letter criticizing the state agency.

By Cy Ryan (contact)

Wednesday, May 19, 2010 | 2:05 a.m.

Sun Topics: Construction Deaths

Suit names Boyd in Orleans death (9-25-2008)
State tells FedOSHA to back off (9-25-2008)
Orleans accident survivor cheats death once more (8-29-2008)
Feds second-guess state OSHA (8-26-2008)
State deal in deaths at Orleans questioned (7-15-2008)

CARSON CITY — A mother whose son died in an on-the-job accident at a Las Vegas hotel is calling for the district attorney or the state attorney general to be called into safety violation cases to conduct possible criminal prosecutions.

And officials of Nevada Occupational Safety and Health Administration say the vast majority of recommendations made in a critical federal report last year have been completed.

Debi Koehler-Fergen told a legislative committee examining Nevada’s workplace safety laws that any case involving an on-the job fatality should be opened for criminal prosecution.

Travis W. Koehler and Richard Luzier died when they were overcome by hydrogen sulfide fumes from a cut pipe in a confined space at the Orleans in 1997. Another worker was injured.

She also recommended that families of victims be kept notified when an investigation is started and any settlements are reached.

After a six months investigation in the Orleans case, the state OSHA levied a $185,000 fine against the Boyd Gaming Corp., owner of the resort, which agreed to overhaul its safety program.

After a number of construction deaths in 2009, the federal OSHA conducted an investigation of the state safety program and issued a highly critical report.

Steve Coffield, chief administrative officer for Nevada’s OSHA, told the legislative committee that most of the recommendations would be completed by this summer. But he said there is still the problem of staffing and the wage level in the enforcement and mechanical staff.

The agency is supported by fees and federal funds and not from the state’s general fund.

Assemblyman Marcus Conklin, D-Las Vegas, said the inspectors in Nevada OSHA are underpaid. He directed the agency to conduct a salary survey to present to the 2011 Legislature.

Conklin said the state trains staff members, who then end up leaving for private construction jobs at twice the salary.

The legislative committee will meet June 4 to make recommendations to the 2010 Legislature for changes in the law.

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By lp (lucy pinon)

May 19, 2010

4:57 a.m.

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This hack company fired me because a cheater tricked me. They should put their energy into providing a safe working enviroment, not harassing loyal employees.
By lp (lucy pinon)

May 19, 2010

4:59 a.m.

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My condolences to this Mother. God Bless.
By lectrocuda (Joe Destito)

May 19, 2010

9:15 a.m.

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what hack company?
By Libra

May 19, 2010

9:37 a.m.

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My heart goes out to you Debi. This was criminal negligence, but very few businesses in Nevada are criminally prosecuted. Maybe something will actually change for the better in Nevada.

If NV OSHA is federally funded, why are OSHA (or other non general fund) inspectors subject to furloughs? This is ridiculous. So what if it isn't fair to general fund state employees? Life isn't fair; get over it.

BTW, it's not just NV OSHA that looses good employees. The state trains many engineers, scientists, and medical personnel who leave for private jobs. A friend said three experienced registered engineers left her department after the furloughs and benefit decreases started.

One got a 56% raise, all moving expenses, and they gave her her a matching 401k plan; one got a 34% raise and immediate full medical for his family of six; and one got a 28% raise with use of a new SUV and they bought his underwater house in Henderson. Two of those positions will be open indefinitely. One will be filled but they can only be hired at the lowest salary range with no step increases for the foreseeable future. Two scientists in that department are fed up with Nevada and are moving out of state when school is out.
By philateech

May 20, 2010

6:28 a.m.

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Deb not only has been fighting for safety in Las Vegas workplaces, she also is very active (and very treasured) as a part of USMWF (United Support and Memorial for Workplace Fatalities). As someone who also has lost a loved one to a workplace "accident (my husband was killed in 2002 in Philadelphia), I know how difficult, how emotionally draining, and how tiring the speaking out for justice is. I admire Deb for what she has done, for what she will do, and for what she is fighting for. The fact that OSHA now will have an office in Las Vegas is a huge win for Deb. PAWA (Protecting America's Worker's Act) in the House and Congress will help families like ours have rights to protect our loved ones, and to help investigations so that these accidents can become preventable. God Bless ya Deb, I love ya!