Disturbing news out of Nevada today as the LA Times does an expose on a run of recent construction accidents that have left 12 people dead in the past 16 months. Are casinos somehow exempt from the law when it comes to OSHA and construction accidents?
Investigators at the Nevada Occupational Safety and Health Administration concluded that the casino, owned by Boyd Gaming Corp., had "willfully" violated safety rules.
The company had a previous violation involving such confined spaces. And the investigators found evidence that in 2001 a worker fell sick after working in a grease trap and was cared for in a hotel room for several days before being sent to a hospital, according to state records.
But when the investigators tried to formally cite the company after the two men’s deaths, Boyd attorneys pressed two political appointees overseeing Nevada OSHA, Mendy Elliott and D. Roger Bremner, for a less severe finding. In a private settlement conference, Bremner, administrator of the Nevada Division of Industrial Relations, knocked the finding down to "serious" rather than "willful," according to state records. A willful finding could have exposed Boyd to civil suits, normallypreventedby workers compensation law.
"You don’t touch a casino in this state," said Don Barker, the former safety director of Boyd Gaming. "I got paid to make things go away. I might go into a conference facing a $25,000 fine and leave with a $1,500 fine. This situation would never happen in any other state. The program has no teeth."
Barker said he had asked for safety improvements at the Orleans before the accident but was blocked by management. Afterward, he quit in protest and now works as a safety official elsewhere in Las Vegas.
The Orleans accident was among the first in a streak of fatal accidents in Las Vegas buildings and construction sites that has taken a dozen lives in the last 16 months.
In case after case, the state has dropped or sharply reduced fines and penalties proposed by investigators, just as it did in the Orleans case. To some critics, the handling of the accidents has sent a message to the construction and gaming industries that they can disregard safety rules with near impunity.
Has the government in Nevada officially put a price tag on human life? Or said that gaming companies are above the law?