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THE TOMMY FORD CONSPIRACY: OSHES' QUESTIONABLE INSPECTION By Mark Clark, Las Vegas Tribune, 10-16-02 According to Nevada Occupational Safety and Health Enforcement Section (OSHES) records, Mr. Jessie Battey's complaint regarding his and others' exposure to toxins on the job at Caesar's Palace Tower No. 2 in May 1997 was received in the OSHES office on 8-28-97. OSHES Industrial Hygiene Supervisor, Ron Parker, received the complaint, rewrote it and issued it to the office staff to formally write it up on 9-3-97. The complaint was processed and given back to Mr. Parker on or about 9-8-97. Mr. Parker gave the complaint back for a rewrite, and it was returned to him on 9-10-97. The complaint was then issued to an inspector who opened the inspection on 9-26-97. The complaint states that during welding operations on "Closure Strips" (galvanized steel strips used to close gaps between wall and floor), welders are exposed to metal fumes and burning caulk containing butyl benzyl phthalate and ethylene glycol. Welders are getting sick working in enclosed areas without ventilation. Welders have requested respirators when working in the enclosed areas; the employer will not provide respirators. The caulking material is called "Sheetrock, Acoustical Sealant." The location is Caesar's Palace new tower being built by the prime contract, Perini Building Company, who is located at 3960 Howard Hughes Parkway. OSHES' early evaluation considers the complaint valid; the subject and severity a serious health risk. According to Michael Behling, CET Industrial Hygienist who conducted the inspection for OSHES, the results of his report dated October 3, 1997 are as follows. He entered the Caesar's job site and presented his credentials to the receptionist in the Perini Building Company's trailer. The Perini safety engineer was requested. The safety engineer was out of town and no one was there who could assist him in the inspection. As a result, he then travels to the Ford contracting general office located at 5865 S. Valley View Blvd. and conducts an open conference. The reason, nature and scope of the inspection were addressed and a copy of Mr.Batey's complaint was provided and discussed with Ford Director of Safety/Loss Control, Tom Sheedy. The OSHA 200 log and other records were requested. Mr. Sheedy said the respirators were assigned on an individual basis and were being provided when necessary. Mr. Sheedy provided the inspector documentation on the 30-inch pedestal fan that was placed in the welding area for ventilation. Documentation was also provided on the 3M HEPA 6000 respirator issued to the workers for the welding fumes and smoke hazard protection. The report indicates the employer had a copy of the SCATS canned respirator program. The report also indicates that the employer had no monitoring program, but did have a record-keeping program relating to any occupational health issues concerning monitoring, exposure, medical, training, respirator fit tests and ventilation measurements, etc. The report further indicates that only one incident related to the complaint was reported on the OSAH 200 log and the complainant reported that other employees had health symptoms, but these employees were not available for contact as the job was completed on 9-11-97. Because the job was completed the inspector noted he could not validate actual levels of welding fumes, smoke and combustion gases being above any exposure limits in 29 CFR 1926.55. No violation of 29 CFR 1926.103 was recommended, as the level of air contamination could not be adequately assessed. However, a letter recommending an Industrial Hygiene program will be drafted by OSHES. After having covered the main points of Mr. Park'ers administrative skills and how well Mr. Behling inspected the job site, I am now prepared to take up argument with Mr. Parker's stalling tactics and Mr. Behling's investigative ability while supposedly following state law. Nevada OSHES has 14 days from receipt of a safety/health complaint to initiate an inspection by state law. Mr. Parker took 29 days to rewrite and then have someone else formally write it up and then again have to rewrite a simple two-page complaint form. Even Mr. Behling's 5-page Inspection Narrative containing several hundred words was completed in 7 days. Leaving me with the impression that Mr. Parker's stalling was deliberate, in that by the time the complaint rewrite was finished, it assured there would be no employee witnesses at the job site to help aid in the inspection. Mr. Parker's direct intervention now places OSHES in violation of Nevada state law. According to OSHES own poster, posted at the Caesars Palace job site, it states: the Act, NRS Chapter 618, requires that a representative of the employer and a representative authorized by the employees be given an opportunity to accompany the OSHES inspector for the purpose of aiding the inspection of the job site. Where there is no authorized employee representative, the OSHES Safety and Health Representative/Industrial Hygienist must consult with a reasonable number of employees concerning safety and health conditions in the workplace. Mr. Behling's report, OSHES records and my own investigation show that he did not conduct his inspection at the job site, no authorized representative of the employees was going to be given an opportunity to accompany the inspector and the inspector, who must consult with a reasonable number of employees, made no effort to contact them, which is required by state law. Mr. Behling does, however, visit Mr. Sheedy's office at Ford Contracting's general office behind closed doors. Even while conducting his on-site inspection for the Ford front office, Mr. Behling makes no effort to secure names, addresses and phone numbers from Mr. Sheedy, Ford employees that are possible witnesses. While in this meeting, Mr. Behling accepts from the employer "pictured brochures" of a 30-inch pedestal fan and the 3M respirator as evidence of the equipment Ford supposedly used, instead of requesting from the employer, "cash receipts" as proof of purchase for their actually having bought the disputed equipment before or at the time of the workers complaints. Mr. Behling also accepts a "Material Safety Data Sheet" (MSDS) on the caulking in question, when Ford supervisors later say in a letter dated 2-13-98 to Tommy Ford's attorney, Jerry Collier Lane, that they didn't have or use this product at the Caesar's Palace job site. Why would an employer provide an OSHES inspector an MSDS on a product they did not have or use? Ford supervisors must have know that the drywall company, Micco, LLC from Pontiac, Michigan, applied this product onto the floor prior to the welding. Who's attempting to cover for whose ass here or is Ford Contracting just trying to distance itself from Micco, knowing they applied the caulking? In his report, Mr. Behling never asks Perini or Ford who put down the caulking and he never refers to Micco. It's as if Micco never existed! In a conspiracy, there are links. Is Micco the missing link? To be continued, next article further uncovers Nevada OSHES' questionable inspection of the Caesar's Palace job site. I can be reached at MARKSNOSY@EARTHLINK.NET and I welcome your comments. WORKING TOGETHER TO ATTAIN FAIRNESS | ||
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