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Rise in Construction Accidents Prompts OSHA Investigation

May 28, 2008 | Staff | Injury Board

OSHA, a federal or state agency under the Department of Labor that publishes and enforces workplace safety, is under review due to recent construction accident deaths in Las Vegas and other cities.  A workforce protection subcommittee will review whether the safety standards of OSHA are acceptable and being followed.  Rep. Lynn Woolsey, D-Calif, stated:

"What's happening in Las Vegas and other major cities, including New York ... there's this need to move faster'' to build quickly and meet construction deadlines. "It's taking its toll and it's killing or injuring our workers all so some big buildings can get built quickly.''

In the past 17 months, ten construction workers have died working on Las Vegas Strip projects. 

"The failure to adequately protect these workers is a direct result of an agency that doesn't dedicate enough resources to inspect most job sites nor the political will to hold employers accountable when they put workers at risk,'' said Aaron Albright, committee spokesman.

Woolsey and Sen. Edward Kennedy, D-Mass., would like to see harsher penalties for employers who violate workplace safety rules.  An increase in fines, making it easier for workers to appeal rulings, and making repeat workplace violations a felony punishable by up to 10 years in prison may help employers be more accountable. 

An examination of OSHA accident documents related to recent construction fatalities on the Strip in Las Vegas reveal investigators found serious safety violations, but OSHA often did not follow up with aggressive enforcement.  Instead, OSHA withdrew or reversed findings and/or reduced fines.  The following is an example of an investigation by OSHA wherein after an informal conference with the deceased's employer, OSHA amended the list of violations and reduced the fines against Perini:

"General laborer foreman Willie Pelayo rode a malfunctioning buggy into an elevator shaft and was killed at Trump Dec. 5, 2006. OSHA initiated a two-month long investigation and issued a report that involved extensive documentation, including photographs and a complete evaluation of the buggy. OSHA issued his employer, Perini, three violations, and then held an informal conference where an OSHA administrator, in a hand-written note, said that Perini had sacrificed safety for speed. Then OSHA issued an amended list of violations that reduced fines against Perini."

OSHA has to be more accountable for enforcing work place accidents as to prevent the ever increasing deaths on construction sites.