Bill sharpens OSHA teeth in states with lax workplace safety

WASHINGTON -- A bill introduced Tuesday in the House would empower federal regulators in states like Nevada that have fallen short in enforcing workplace safety laws.

The measure was prompted by deficiencies in Nevada's safety programs that were brought to light in a federal audit after a series of worker deaths in the prerecession Southern Nevada building boom, most notably during the construction of CityCenter, MGM Mirage's
$8.5 billion Strip megacomplex.

"What is very clear from the recent OSHA special review is that we have not been doing a good job of enforcing (safety) standards," said Rep. Dina Titus, D-Nev.

She announced her bill at a hearing by the House work force protections subcommittee.

Nevada is one of 22 states that runs its own workplace safety programs with the blessing of the federal Occupational Safety and Health Administration, after certifying that its standards and enforcement are "at least as effective" as those set at the federal level.

But in situations in which state enforcement is found lacking, the federal government's options are limited, Titus said. It can "ask nicely" for problems to be fixed, she said. Or the government can terminate the state program, an "extreme step" that leaves some workers unprotected.

The new legislation would allow OSHA to compel improvement to state safety enforcement programs without having to begin the termination process. It also allows OSHA to step in and enforce safety laws as states are fixing their programs.

"This gives OSHA some options rather than just the two extremes," Titus said.

The bill also calls for the Government Accountability Office to audit state programs every five years.

Scrutiny of Nevada's program comes after 12 deaths on Strip construction sites. Six of the deaths happened at CityCenter and two more occurred at the adjacent Cosmopolitan site, which is still under construction.

Federal OSHA issued a report in October critical of Nevada OSHA and described "an urgent need for corrections in oversight and changes in all phases" in Nevada's safety program.

Nevada OSHA Chief Administrative Officer Steve Coffield said Titus sent an advance copy of the bill to his office. She then held a telephone conference with her staff and state OSHA officials to receive opinions from the agency before introducing the bill.

Coffield said that Titus expressed concern that there was no middle ground between asking for problems to be fixed or terminating state programs.

"That's kind of what she expressed to us as being her concern, that there's wasn't any middle ground," said Coffield, who took over the state program in September. "There's no middle action that could be taken so that they didn't have to go to the extreme step (of terminating state programs)."

Nevada Division of Industrial Relations Administrator Donald Jayne, whose division oversees Nevada OSHA, said Titus did incorporate some of the state's suggestions into the bill.

He declined to elaborate, but said it is important for the bill to protect states' due process steps with federal OSHA.

"We're appreciative of the efforts that Congresswoman Titus is doing," Jayne said. "We're appreciative that she brought draft legislation to us. At the same time we're trying to be careful because state plans go through quite a rigorous process to get their final approval, so state plans with final approval do need a formal due process."

Coffield said the state agency is still working on 18 recommendations given in the federal OSHA report, and an update meeting with federal officials is scheduled for the end of March.

At the hearing on the Titus bill, a federal OSHA official gave the bill an initial thumbs up.

"Too many Nevadans have died needlessly in the workplace," said David Michaels, assistant secretary of labor in charge of OSHA. "We can take over a state plan or we can ask nicely but we don't have anything in between. We certainly need tools."

Contact Stephens Washington Bureau Chief Steve Tetreault at stetreault@stephensmedia.com or
202-783-1760. Contact reporter Arnold M. Knightly at
aknightly@reviewjournal.com or 702-477-3893.