Home Subscribe Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Sun Mon Tue Wed Thu Fri Sat

News


Construction safety examined

OSHA blamed for death of worker at CityCenter site

WASHINGTON -- George Cole said he did not want his brother-in-law's death in October from a 59-foot fall at the CityCenter construction site to have been in vain.

So Cole shared his family's anger and grief with lawmakers on Tuesday, as the death of ironworker Harold "Rusty" Billingsley Jr., sparked a congressional examination of safety practices at Las Vegas megawork sites and how state regulators punish -- or don't punish -- violators.

Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

Most Popular Stories
  • Another plane hits LV home
  • 'Thug' Presley, Elvis' cousin, pleads guilty in fatal melee
  • NORM: Rocky Mountain oysters to go
  • Pilot dies when plane crashes into home near North Las Vegas airport
  • Pilot dies when plane crashes into home near North Las Vegas airport
  • HOMEMADE AIRCRAFT: PLANE CRASH KILLS THREE
  • EASTSIDE CANNERY: OPENING NIGHT LURES CROWD
  • Nevadans want end to illegal residency
  • DOMESTIC ABUSE: Knight arrested in assault
  • NORM: Classmates took different paths
  • NORM: Son, friend revisit Russert memories



  • Billingsley was one of a dozen construction workers who have died on Strip projects in the past 18 months, more than were reported during the prolonged Las Vegas building boom of the 1990s.

    A majority of union workers at CityCenter, a $9.2 billion project of MGM Mirage, went on a one-day strike two weeks ago over safety concerns.

    Six workers have died at CityCenter. Construction deaths also have occurred at Echelon, Cosmopolitan, Trump, Palazzo and Fontainebleu projects that are remaking the Las Vegas Boulevard.

    Nationally, the construction industry is in the midst of "a safety and health crisis," said Mark Ayers, president of the Building and Construction Trades Department of the AFL-CIO.

    An average of four construction workers are killed daily, Ayers said. High-profile incidents such as two crane collapses in New York City in which nine men died have focused the public's attention on the problem.

    At a hearing called by Rep. George Miller, D-Calif., chairman of the House Education and Labor Committee, Cole said he blamed the federal Occupational Safety and Health Administration for his brother-in-law's death.

    "Rusty's death was not his fault," Cole said. "There are two problems here: the unsafe conditions at the workplace and OSHA's failure to enforce its own standards as they were written."

    The agency in 2002 changed an enforcement directive that had required contractors to erect temporary flooring or netting two floors or 30 feet beneath high-rise workers to catch those who fall.

    Edwin Foulke Jr., federal director of OSHA, said the change was negotiated with contractors and labor officials and was intended to provide "100 percent fall protection" by requiring all workers in most cases to wear secured harnesses that would theoretically break their falls.

    But Cole said the compliance directive was regularly misinterpreted at Las Vegas work sites. Cole, a retired ironworker and building contractor, sat next to Foulke at the witness table but rarely glanced over as the federal official spoke.

    And accidents can still happen. On Oct. 5, Billingsley fell through a hole in a piece of flooring, and a harness safety cable was not attached. There was no flooring or netting below to stop his fall.

    "On that day, I lost my brother and gained a statistic," Cole said.

    Flooring or netting could have saved his brother-in-law, Cole said.

    "I know for a fact an ironworker that's alive on a 30-foot fall," Cole said. "I don't know one at a 60-foot fall."

    Cole was accompanied by his wife, Monique, who is Billingsley's sister.

    Seated behind her husband, she looked down and dabbed her eyes as he described his brother-in-law as energetic and fun-loving, a "kind and generous man."

    Cole said the family was further devastated when they learned that Nevada's state OSHA withdrew all safety citations and $13,500 in preliminary fines against Billingsley's employer, SME Steel Contractors.

    The decision was made following a private meeting between state administrators and the subcontractor, where by law the family was not invited to attend.

    Miller said he was troubled by the practice, by which Nevada OSHA also withdrew or reduced safety infractions in other construction worker deaths.

    "The relationship that appears in Nevada doesn't look like it is a healthy one for workers," Miller said.

    Miller noted four of the fatalities involved Perini Building Co., the general contractor for CityCenter, "and yet fines continue to be reduced. There is something wrong with that enforcement plan."

    "I don't get how you can have an injured worker, or a worker who has died and you can have an informal process in which the worker's family or the union or even other workers at the site are not included," Miller said. "That doesn't pass the smell test."

    Foulke said he did not know the facts of Billingsley's death and could not speak for Nevada OSHA, which enforces federal safety laws but also can put stronger protections in place.

    Responding to the spate of fatalities, the state agency in May announced it was changing state policy to require contractors to install temporary flooring or safety nets on high-rise projects.

    Miller also questioned whether fines can be sufficient to force safety changes on megaprojects such as CityCenter.

    "I worry that these fines are of no real value," he said.

    Miller noted New York City actively issues stop-work orders at unsafe sites, But, he said, the CityCenter project "is a tough project to put a stop work order on."

    "This project in Nevada looks a little bit like a test case here," Miller said. "There are fatalities and injuries that have taken place and the number one tool in the arsenal, which is fines, continues to get waived.

    "That raises very, very serious questions about that state enforcement and what the federal government has the ability to do."

    After the hearing, George and Monique Cole said they were satisfied that lawmakers understood their concerns.

    "I am satisfied with the testimony," George Cole said. "How it turns out is still to be seen."



    Leave Your Comment 11 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    investigate wrote on June 25, 2008 04:54 PM: corruption, concerned!!!


    concerned wrote on June 25, 2008 04:19 PM: One needs to look at the rules and note quote from others who are uneducated. In the pre-ambles, OSHA clearly states that the EMPLOYER is responsible for providing a workplace free from known and potential hazards. The last time that I looked, iron workers are not the employee's of Perini. It further states that "employees shall follow the rules...". And if you take it one step further, the iron workers handbook, signed by the unions, states that they will plank or net openings more than 30 feet. So, who is violating the rules? Perini isn't doing the iron work, SME, Schuff steel, Southwest Steel, are doing it. Let's face it, a death is hard to deal with, but facts are facts. Rusty was NOT tied off. He had a harness and lanyard on. There was an approved anchor point about 3 feet away. He knew he was supposed to be tied off. He choose not to and paid the price. Before everyone shouts that MGM and/or Perini is at fault, you need to read and understand how the rules are applied. One final thought for all you, if Perini and/or MGM is at fault, then why isn't OSHA (NV State and Federal) finding more violations with them than they are with the different trades working out there. Because the individual companies ARE responsible.


    undr cvr wrote on June 25, 2008 01:44 PM: 'Perini, Perini, Perini'... the best thing that could come out of this is the PATTERN AND PRACTICE of repeat offenses and fines being cleared time and time again.

    So blatent, that corruption is the first thing that comes to mind; and that PUBLIC CORRUPTION is involved.

    If this was a hearing in NEVADA and not a federal matter...guess what folks?

    This is a good thing.


    Deborah wrote on June 25, 2008 12:09 PM: If you are worried about losing a job for confronting safety, then you do not need to be there. Why do you think we have so many infected citizens from that hepatitis infection. I'll tell you, becaue people were more concerned for their jobs then for the lives being treated,the nurses and other workers had to have known what was happening for the last 4years . Same with this construction problem. We are the people and we are the workers that make these places run. Stand-up people.


    pete wrote on June 25, 2008 11:59 AM: Someone should check out the accidents to some of George Coles workers while he was a contractor. Saftey concernes didn't seem to bother him then. A good example of the pot calling the kettel black.


    Dona wrote on June 25, 2008 10:59 AM: This is a complex issue on so many levels, and I'm certain most in this industry both grieves for these losses and have experienced what I have: You may be a trained professional, and have a strong desire to utlize appropriate safety equipment and procedures; however, if the contractor or sub for whom you work actively prohibits you from doing so, and happily explains that no matter how many fines OSHA issues, they have no authority to collect and therefore are not a real problem, and if you really need the job, you don't have a lot of choices. I was personally told by a supervisor that if I said "OSHA" out loud within the hearing of Management, I would be immediately dismissed from my position. So most of us "go along" hoping and praying that we will not die while trying to earn enough money to pay for the gas to get to the jobsite, or to get our homes out of foreclosure.


    Sal Saveg wrote on June 25, 2008 10:06 AM: Felicity, I truly am sorry for your loss. I is always tough to mourn for a loved one and can be even worse when his or her death is an issue in a public forum.

    I can't vouch for the intent of the other posters here, but I think I know what they are trying to say...

    From what you stated, your uncled died do to somebody on the job site ignoring safety procedures. Safety procedures that all union members are taught before they are set loose on the job site. The general frustration in this forum is that way too many accidents happen involving 'professional' union workers. We can try to blame the companies and OSHA, but the bottom line is that the responsibility for a safe work envioroment is up the workers on the job site. As the temporary walk-out showed. The workers have the power, they just need to use it or be held accountable when they don't.


    Felicity Lemmon wrote on June 25, 2008 07:50 AM: My Uncle was killed at City Center. My father testified at the hearing. To everyone out there that keeps saying he should have been tied off, let me educate you. First Rusty was working on a working floor. In the OSHA safety manual it states that it is not required for anyone to be tied off on a working floor because it is that a " working floor". The person or persons who exposed the hole by pulling up the decking on this working floor was required to place a barrier around this hole, which was never done. Therefor the hole should have never been exposed and if it was barricaded then my Uncle would have never fell through this hole to his death. So before you blame the worker for not taking safety precautions be sure you know the facts. In this case he was not required to use a safety harness. This is and was Pernini's fault. OSHA does let Perini off the hook all the time, the reason for this is money and the insurance carriers don't care either. Did you know it's cheaper for a company to have a man die than be injured on a jobsite?


    John wrote on June 25, 2008 07:18 AM: Fines are reduced because the employer is able to show that the employee was trained but ignored his safety training. As for the iron workers, this safety standard was written by their industry, so maybe they need to address this issue again. I work many construction sites and employees constantly ignore the safety standards, especially when working from heights, but of course it is always someone else's fault. Many of the unions will not send certain workers to a job site that does drug testing and if they do test positive they just go to the union and are sent to another job site. As a community we all have to do a better job with safety on the job. Unions and employers need to train better, employers need to have strict compliance with safety standards and there must be severe reprocussions with non compliance. Employees must take personal responsibility for their safety and follow the rules, don't take short cuts and constantly look for safety hazards. I constantly hear that accidents just happen, this attitude gets people killed, there is always a root cause to any accident and 99.9% of the time they are avoidable.


    Bill Blue wrote on June 25, 2008 05:53 AM: Like everything in life, there's two sides to every story. OSHA usually doesn't let contractors off without reason. Much less their insurance carriers not make them provide training.

    My question is why wasn't the iron worker using his safety devices. If you investigate a lot of accidents workers ignore training and put themselves into peril.


    Read All Comments