But before those citations were mailed, Boyd attorneys met in Carson City with Bremner, a political appointee, and he agreed to drop all of the willful and repeat citations.
In the end, the fine was $185,000. Bremner also agreed to allow Boyd to join a voluntary safety training program, which could exempt Boyd's properties from OSHA inspections for several years.
For The Record
Los Angeles Times Saturday, August 02, 2008 Home Edition Main News Part A Page 2 National Desk 2 inches; 76 words Type of Material: Correction
Las Vegas building accidents: An article in Monday's Section A about a deadly streak of construction and building accidents in Las Vegas said that D. Roger Bremner, director of the Nevada Division of Industrial Relations, met with Boyd Gaming officials and reduced the severity of proposed workplace safety citations after an accident killed two workers at the company's Orleans Hotel and Casino. Bremner said he made the decision but did not meet with the company's officials.
If Boyd had received a willful citation, it could have faced civil suits. "It makes perfect legal sense for Boyd to want to remove those willful violations to prevent workers from seeking recovery outside workers compensation statutes in Nevada," said George Bochanis, a veteran workers compensation attorney in Las Vegas.
Asked about the decision, Elisabeth Shurtleff, a state spokeswoman, said Bremner decided against willful citations because they required "state-of-mind proof," suggesting OSHA lacked such evidence.
The practice of reducing penalties behind closed doors was criticized at a recent hearing held by Rep. George Miller (D-Martinez), chairman of the House Education and Labor Committee. "I don't get how that passes the smell test in this country," he said.
It also leaves a bitter taste for Debi Koehler-Fergen, mother of Travis Koehler.
"As far as I am concerned, they murdered Travis by their actions," she said. "Here you have two supervisors who knew not to go down there and they sent one person after another into that trap. There is nothing in me to hate people. But I do want justice and I want this insanity to stop."
More than a year after the accident, Luzier's widow, Leslie, an oncology nurse, broke down during an interview. "I know nobody meant for Richard to get hurt, but it is so sad and so useless. It could have been prevented so easily."
A formal complaint about the investigation, filed by Koehler-Fergen, has languished for months at the Department of Labor. She suspects the governor's office helped protect Boyd.
Ben Kieckhefer, a spokesman for Gov. Jim Gibbons, said the governor's chief operating officer got involved but played no direct role in the decision. "No one discussed it with the governor," Kieckhefer said. "I know that."
Rob Stillwell, a spokesman for Boyd Gaming, said the company had never had a fatal accident before the incident at the Orleans and is trying to improve safety conditions.
Boyd officials insisted that it was Luzier's idea to enter the pit. But the OSHA report notes that at least two witnesses observed Boyd supervisors watching the entire operation and instructing the three men to enter the grease trap. The report detailed a list of violations, none of them casting the blame on the workers.
"There is something severely wrong with Nevada OSHA," said Snow, who is still being treated for injuries. Although he remains employed at the Orleans, Snow said he was being harassed by management and that he believed the company wanted to get rid of him. The company declined comment.
This month, the Carnegie Hero Fund Commission, established in 1904 by industrialist Andrew Carnegie, named Snow and Koehler heroes for their attempts to rescue Luzier from the grease pit.
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ralph.vartabedian@latimes.com
