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Nevada governor tasks OSHA with enforcing mandatory mask order

Posted at 4:16 PM, Jun 25, 2020
and last updated 2020-06-26 01:12:37-04

LAS VEGAS, NV (KTNV) — Gov. Sisolak has tapped the Occupational Safety and Health Administration to help enforce Nevada’s mask mandate.

And that’s the same OSHA that 13 Investigates has been telling you about all week long - an agency some will tell you can’t be trusted.

Whistleblower claims Nevada OSHA system stacked against workers

OSHA’s role in protecting local workers is next-level critical during the COVID-19 pandemic. But healthcare workers say the state agency has been failing them, forcing them to fend for themselves when the stakes are highest.

“As the pandemic has increased, OSHA has kind of gone away,” said Nicole Koester, a nurse at MountainView Hospital. She and others with a nurses' union turned to OSHA for help early in the pandemic when single-use personal protective equipment, like masks, were being reused due to short supply.

“And when we reached out to OSHA, they weren't able to come and investigate because they couldn't get sick. So what has changed?” Koester asked. “What has made it okay that now they can come out and investigate things within the community where they couldn't before?”

In announcing the mask mandate, Gov. Sisolak said businesses that fail to meet requirements in the directive will face violations from local licensing agencies, regulatory authorities, and Nevada OSHA.

Gov. Steve Sisolak mandates Nevadans to wear face coverings in public spaces

A statement from the Nevada Department of Business and Industry, which oversees OSHA, says, "The new face-covering directive will be enforced through the same process and mechanisms currently in place to address COVID-19 workplace complaints and referrals.”

Koester has little faith.

“It's hard for me to believe that it's possible to enforce something on this magnitude when they can't even keep the people within the hospital safe,” said Koester.

And then there's the issue of staffing. There are 47 OSHA field investigators for the entire state. That includes 30 safety specialists, 14 health specialists, and three whistleblower investigators.

Rick Lucas used to be one of them.

“I have no faith that Nevada OSHA would investigate the whistleblower's complaint and come up with a good investigation or legitimate investigation,” Lucas said.

Latest COVID-19 numbers in Nevada

Others 13 Investigates have spoken to say using OSHA to enforce the mask rule effectively puts all the pressure on the most vulnerable people, the employees.

They must file an OSHA complaint, putting their job at risk when unemployment is at its highest point in history. They must trust OSHA to protect them despite the fact that former insiders have seen OSHA fail to protect whistleblowers and say that meaningful accountability for businesses is often missing.

“The understanding was willful violations would not be written up,” Lucas said.

13 Investigates has also been hearing from casino workers recently who echo the nurses' frustrations, saying their complaints about lack of social distancing and failure to follow other Phase 2 requirements either haven't been investigated or responded to in a timely fashion.

The governor's office did not immediately respond to 13 Investigates request for comment.

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