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SAFETY / OSHA - 7/21/08

NM Governor Richardson Orders Tough Measures to Ensure Drug and Alcohol Free Construction Sites in NM

New Mexico Governor Bill Richardson has ordered tough measures at all state construction sites to ensure drug and alcohol free worksites. The measures were prompted by an incident in which a highway contractor crew was found drinking alcohol at a bridge construction site that resulted in the death of one worker.

In May, an employee for AS Horner fell to his death while walking on an open beam at a bridge construction site in Gallup. The victim and four other workers, including the foreman, reportedly were drinking alcohol for several hours before the fatal fall.

"This was a senseless death that should have been prevented," Richardson said, in a statement released on June 25. "I want to send a strong message to our construction industry that this kind of behavior will not be tolerated and the state will pursue every available option to deter this behavior up to and including termination of state contracts."

Richardson has directed the state's department of transportation to implement immediately several tough measures against AS Horner, the contractor involved in the incident, to ensure the company is fully complying and enforcing a zero tolerance drug and alcohol policy for all its employees. The following provisions will become part of active AS Horner contracts with the state, requiring the company to:

-- Certify that it has a zero tolerance drug and alcohol policy and implements it accordingly. (This policy shall require company-wide training; continuing education for all employees; and initial employment, random and probable cause drug and alcohol testing for all employees).

-- Require all its subcontractors to adopt and implement the same drug and alcohol free policy.

-- Report to NMDOT on a quarterly basis the results of its drug and alcohol testing program.

-- Immediately report to NMDOT if any of its employees have tested positive for drugs and/or alcohol. Any employee tested positive for drugs and/or alcohol should be immediately removed from job sites pending further investigation.

-- Have a full-time safety supervisor on all its projects with NMDOT.

-- Check the validity of drivers' licenses for all employees on a quarterly basis and report those findings to NMDOT. The company will ensure its subcontractors do so as well.

If AS Horner fails to follow any of these measures to the satisfaction of NMDOT, the Department reserves the right to terminate all contracts with the company.

Long term, the governor has directed state agencies to pursue the following measures through the regulatory process:

-- Amend current specifications to include zero tolerance for drugs and alcohol use or possession by contractor and subcontractor employees on work sites. This also addresses penalties for any violations.

-- Require contractors and subcontractors to conduct drivers' license check for valid DL on all employees on a quarterly basis.

-- Require contractors and subcontractors to have a hiring and termination policy with regard to DWI convictions and loss of drivers' licenses, especially it pertains to foreman, safety officers and supervisors.

-- Amend current specifications to enable the state to terminate a contract if a contractor's OSHA and OSHB safety ratings fall below certain acceptable standards.

"In the wake of this incident I have also directed various state agencies to adopt more stringent measures to ensure a drug and alcohol free workplace," Richardson said. "These measures will give the state broad authority to enforce zero tolerance drug and alcohol policy at state-owned job sites, assess penalties and even terminate state contracts if the violations are proven to be egregious and wanton."

"The Department always had a zero tolerance policy toward use of drugs or alcohol at all its construction sites," said Rhonda Faught, New Mexico's transportation secretary. "These new measures will further reinforce that policy and allow us to more effectively manage construction contracts when dealing with safety violations at job sites."

Faught said AS Horner has agreed to amend all active contracts to include language that would further strengthen the zero tolerance policy for drug and alcohol free worksites. This agreement will allow AS Horner to resume work on the bridge near Gallup in the next week.

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