Unions 1, Nevada Legislators 0

Source: 2008 - August - Casino City - Las Vegas Gaming Wire

(Note: Drug Testing, including Random Drug testing is legal in all 50 States, despite political attempts to distort this fact. Furthermore, oral fluid-based on-site drug screening is the only feasible, cost-effective, and accurate method to conduct random testing at construction site. Oral fluid sceening can be directly observed, preventing the prevalent practice of drug abuser adulterating or substituting urine-based testing, and corporate security staff can administer the tests vs. relying upon $8-$10/hr third party collection personnel and sites with transient workers. Furthermore, leading on-site oral fluid tests screen for drugs commony found today on construction sites such as oxcodone and hydrocodone - tranditional NIDA-5 and/or SAMHSA-5 tests do not. )

Union rep in favor of drug test
11 August 2008


LAS VEGAS, Nevada -- Building contractors should be given authority to conduct random drug and alcohol tests of construction workers, either through legislation or through negotiations with unions, a spokesman for a construction trades group said a day after three union members were fired for entering the CityCenter job site after drinking at nearby bars.

Steve Holloway, executive vice president of the Las Vegas chapter of the Associated General Contractors, said Friday that the number of construction workers who are drinking on the job represents a small fraction of the total work force on the site.

However, "it's a large enough minority that it needs to be dealt with, probably by legislation that would allow a construction contractor to perform random drug and alcohol testing," he said.

Holloway is a member of an eight-person task force that was set up in the wake of a series of 12 construction worker deaths at Strip sites in the past 18 months. The committee is looking at possible legislation to be considered by the 2009 Legislature.

Holloway said none of the union contracts now in effect locally allow for random testing of construction workers. (NOTE: UNIONS, OWNERS, INSURERS & CONTRACTORS NEED TO ACT NOW TO ALLOW AND IMPLEMENT RANDOM TESTING VIA ALL SPECIMEN TYPES)

"That needs to be changed by statute, or by negotiations with the union," he said. "It should probably be by statute because we have just as many nonunion workers as we do union."

Steve Redlinger, spokesman for the Nevada Building and Construction Trades Council, an affiliate for 17 labor unions, said lawmakers can't legislate personal responsibility without coming dangerously close to treading on civil liberties. (NOTE: THIS STATEMENT IS COMPLETELY FALSE - U.S. SUPREME COURT HAS MADE IT CLEAR THAT RANDOM DRUG TESTING IS LEGAL AND THAT COMPANIES CAN (AND DO) IMPLEMENT RANDOM TESTING FOR SAFETY PURPOSES - IT IS FIRST AND FORMOST A FEDERAL LEGAL OBLIGATION FOR COMPANIES TO ENSURE A SAFE WORKPLACE FOR ALL EMPLOYEES... THIS IS NOT POSSIBLE AT CONTRUCTION SITES WITHOUT RANDOM DRUG TESTING (VIA OBSERVED SPECIMEN COLLECTION) IN CONCERT WITH EDUATIONAL PROGRAMS AND SUPPORT.)

Another member of the committee, state Assemblyman John Oceguera, D-Las Vegas, said he would not support giving employers "unfettered abilities" to randomly drug test employees because that would infringe on the individuals' rights. (NOTE- A PERSONAL OPINION VS. FACT)

A company should need to show there is "some indication" a worker is impaired by drugs or alcohol before it could demand a test, the state Assembly's majority leader said. (NOTE-THIS IS REPRESENTATIVE OF THE LACK OF EDUCATION ON THE TOPIC OF SUBSTANCE MISUSE-VISUAL OBSERVATION FAILS OVER 90% OF THE TIME TO DETECT SUBSTANCE MISUSE-ONLY RANDOM DRUG TESTING PROVIDES THE REQUISITE LEVEL OF DETERENCE AND DECTECTION).

Committee member and state Sen. Maggie Carlton, D-Las Vegas, sided with Oceguera in expressing concern over individual rights.

Existing union contracts already say companies can request a drug or alcohol test if an employee displays erratic behavior or is slurring speech, a union official said. Most of the current agreements also let employers demand tests before someone is hired or if they are involved in an accident.

Other committee members, Clark County commissioners Chris Giunchigliani and Rory Reid, Las Vegas Mayor Oscar Goodman and state Senate Minority Leader Steven Horsford, D-Las Vegas, did not return calls for comment. Trades Council President Rick Johnson also is on the committee.

The committee will probably reconvene in late August or early September and begin drafting a bill for next year, Holloway said.

The committee members' comments come two days after the Review-Journal reported that it had photographed 10 construction workers drinking at Strip bars before they went on to the CityCenter work site, a violation of rules set by the general contract, its subcontractors and the unions.

Dozens of additional workers were seen drinking alcohol outside convenience stores and inside bars, but they were identified as being off for the day.

On Thursday, three ironworkers members who were photographed returning to the job site were identified and fired by general contractor Perini Corp.

Perini officials said they have not identified any other workers yet, but the company will continue its investigation next week, said Doug Mure, Perini's vice president of human resources and risk management.

Chuck Lenhart, business agent for Ironworkers Local 433, said he met Friday with one of the disciplined workers, who admitted his behavior was inappropriate.

"When I spoke to one of them this morning, he got it," said Lenhart, who declined to give the workers' names or to describe their jobs. "He understood and I believe he is going to get some help."

Lenhart said the fired workers will need to go through counseling, at the union's expense, before they can be cleared to work on other jobs -- in two or three months, at the earliest. The workers won't be reassigned to another job site until they are cleared by a counselor, he added. (NOTE: AN EXCELLENT APPROACH BY THE UNION - SUPPORT, YET MONITOR)

However, each case is different and, if the workers have any prior disciplinary action on their records, they could be removed from the union.

But that is not a step the union wants to take, he said.

"When there is somebody that may have a problem they're not out the door," said Lenhart, who noted the Ironworkers local also screens workers before they join the union.

"We try to get help for them. Some people accept it and some people don't."

However, the responsibility ultimately lies with the individual worker to do the right thing for themselves and the workers around them. (NOTE: TRUE-HOWEVER, IN VIRTUALLY ALL CASES ABUSERS WILL NOT SEEK ASSISTANCE ON THERE OWN UNLESS DETECTED, OR AN INCIDENT OCCURS)

"They have free will and they can make their choices," Lenhart said. "Sometimes, they make bad choices. That's what I'm concerned about in this industry: When you have people who make these types of choices to (drink alcohol before work), there's a possibility of them hurting someone else on the job site."

Perini plans to look at what the company can do to control alcohol problems on its job site, although Mure said: "Our focus right now is the immediate identification (of the workers in the photos)."

The Perini executive did dismiss one rumor that went around the job site Thursday suggesting the company planned to "close" the job site so workers could not leave during lunch.

Mure said trying to close the 77-acre construction site, which employs 7,700 workers, would be impractical.

"That's not even really feasible on a project like CityCenter or any of the major construction projects in Las Vegas," he said. "Rumors are rumors. You've seen the site, it isn't something that could even be considered."