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THE TOMMY FORD CONSPIRACY: OSHES' QUESTIONABLE INSPECTION Next in a Series of Articles By Mark Clark, Las Vegas Tribune, 10-23-02 In any inspection, or in this case, an inspection, the first order of business as an inspector you would want to distance yourself from any close relationship, if any existed, from the person(s), entity or company you're inspecting. In my last article, I showed you just how and why Nevada Occupational Safety and Health Enforcement Section (OSHES) Industrial Hygienist Supervisor, Ron Parker stalled with filing Ford Contracting employee Jessie Battey's safety and health complaint on being exposed to toxic chemicals at Caesar's Palace Tower No. 2. Mr. Battey turned in his complaint on 8-28-97 and it was not finally processed for an inspection until 9-26-97. Some 29 days after the initial complaint was filed. After the receipt of any safety and health complaint, OSHES has 14 days to initiate an inspection by state law. This direct intervention by Mr. Parker now places OSHES in violation of state law. And to compound Mr. Parker's illegal action, OSHES Michael Behling CET Industrial Hygienist, conducts his on-site inspection in Ford Contracting's general office located at 5865 South Valley View Blvd. because the safety engineer for Perini Building Company, the prime contractor, was out of town. And no authorized employee of Ford was at the job site either because the job was finished on 9-11-97. According to state law, NRS Chapter 618 requires the inspector to give the employer and an employee representative the opportunity to accompany the OSHES inspector for the purpose of aiding the inspection of the job site. Well, Mr. Parker and Mr. Behling made sure this didn't happen! While at Ford's general office, Mr. Behling accepts Ford Safety Director, from Sheedy's words that they were using exhaust fans and proper respirators on the job to stop welding fume, smoke and combustion gases. Mr. Behling is shown "pictured brochures" of the disputed equipment without proof they were actually purchased either before the welding started or at the time Mr. Battey and his co-workers began to complain about the toxic fumes. According to Mr. Battey's co-workers' sworn statements, they never saw a single exhaust fan or respirator at the job site. In fact, the workers began to call the exhaust fans Ford said the workers used, the "Phantom Fans". Ford supervisors William Henry and Greg Howard just repeatedly told them that the zinc oxide fumes were harmless and if they were too sick to work, they would be "fired". Battey continued to be very persistent and threatening about asking for a fan or at least a proper respirator that Greg Howard had to stop the welding from 4-28-97 to 5-13-97. Mr. Battey and his co-workers believe that at this time, Ford Contracting had the air in the enclosed rooms tested for air born toxins and they found the air so toxic they purchased a respirator. But the one standard 3M HEPA 6000 respirator Ford purchased according to Mr. Behling's report did not protect against combustion gases or vapors. Shortly after the welding stoppage Mr. Battey was informed of Ford's possibly having tested the air, but he wouldn't divulge the identify of this individual for fear of reprisals. Between the time of Mr. Behling's so-called on site inspection and his written report dated 10-1-97, Perini Director of Safety, Risk Management, David Vail eventually contacted the inspector on 9-30-97 by fax. His comments are as follows: "Mike, the activity mentioned in the complaint has been finished for, at least 2-3 weeks. I have talked to the subcontractor's superintendent and am aware of the area the complaint refers to (for what it's worth, the subcontractor said they have respirators available and have provided them when asked for!). Let me know if you have any other questions." Signed DV. I just recently spoke to Mr. Vail in his office at Perini. I discussed the fact that in his letter he faxed to Mr. Behling, he did not seem confident that Ford actually supplied the proper respirator or supplied them at all because of his "(for what it's worth)" comment. He reluctantly agreed. Perini is the prime contractor on this job and Mr. Vail asked me does an attorney represent Mr. Battey. I told him that a prominent Nevada law firm has approached Mr. Battey after viewing his web site (http://www.CivilRights552.com) and that if Mr. Battey could document his allegations they would be glad to take his case. I had given Mr. Vail this web site address in an earlier phone call and I asked him if he had visited the web site. He said he had. Mr. Vail didn't seem to have the heart to discuss or even talk about the content of the web site. After my meeting with Mr. Vail, as I was walking out of the building I thought to myself, he took the word of a Ford supervisor without knowing for sure the proper respirator were actually being supplied to Ford workers. I was somewhat disappointed he didn't at least check on the Ford workers health at the time, after all, he is Perini's Director of Safety. I thought Mr. Vail would be more thorough and more concerned than Mr. Sheedy was. Well, maybe it's because the injured workers were not Perini employees and they're just looking out for their own! Not enough attention has been focused on Micco, LLC, the drywall company from Pontiac, Michigan who applied the "Sheetrock, Acoustical Sealant" as the caulk that sealed the wall and floor. It's no wonder that when Mr. Battey and his co-workers welded the closure strips used to close gaps between the wall and floor it caused the caulking to vaporize under the high heat of the welding torch. The ingredients in this product are butyl benzyl phthalate and ethylene glycol with a warning label saying to avoid exposure to fumes, mist or dust, use in a well ventilated area or wear a NIOSH/MSHA-approved respirator in poorly ventilated areas. Micco workers wore this respirator when they applied the caulking. The Federal Occupational Safety and Health Administration (OSHA) regulates the level of benzene in the workplace. The maximum allowable amount of benzene in the workroom air during an eight-hour workday or a 40-hour workweek is one part per million (ppm). Since benzene can cause cancer, the National Institute for Occupational Safety and Health (NIOSH) recommends that all workers likely to be exposed to benzene wear special breathing equipment. The chemical formula for this caulk is Carbon 19/Hydrogen 20/Oxygen 4. This formula could be broken down even further into one molecule of water, one molecule of carbon monoxide, one molecule of ozone, and six molecules of benzene. My personal observation of Mr. Behling's investigative ability has me thinking that if the police investigated a crime scene the way he inspected this job site, no one would ever get arrested for committing a crime. I have made several attempts to contact Mr. Behling by phone and, failing that, I wrote him a letter. And as of the date of this article, he has neither contacted the Tribune or me. It is reported that OSHES is just "hunkering down" and hoping this event will go away. This is very typical of many Nevada State agencies that believe they are "above the law." They like others are hopefully about to receive some bad news that has not yet revealed itself! To be continued, next article - the reasons why Mr. Battey and his co-workers' biggest disappointment is the Carpenters Local Union 1977. I can be reached at MARKSNOSY@EARTHLINK.NET and I welcome your comments. WORKING TOGETHER TO ATTAIN FAIRNESS | ||
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