Since the implantation of state and local smoking bans, a lot people have
forgotten that secondhand smoke is still a serious issue for many at the
workplace. So far, Nevadan casinos have been protected from the bans, citing that it's
good for the economy since many gamblers smoke. But what about the health of their employees who are
subjected to the smoky game rooms for hours a day for several days a week?
The answer to this question has remained rather mum, since
many casinos workers who have become ill from smoke inhalation don't want to
risk losing their jobs which they depend so heavily on.
Some casinos are doing their best to maintain a healthy
atmosphere for their workers by installing high-tech air filtration systems
which aim to imbibe the majority of the smoke and replace it with clean,
scented air. Yet, job applicants at the casinos are still notified that they
will be working in a smoke-filled environment, air filtration system or not.
Even though secondhand smoke has been classified by the
Environmental Protection Agency as a cancer-causing substance which results in thousands of lung cancer deaths among nonsmokers each year, little is being
done beyond air filtration systems to protect casino workers. The state
Legislature doesn't want to rock the boat and risk losing gaming revenue or become
an enemy of the industry.
Wynn dealer Kanie Kastroll has taken it upon herself to
stand up for the casino workers by pursuing the first class-action lawsuit
about secondhand smoke against Nevada
casinos in almost a decade.
While Kastroll knows her odds aren't good (she is a casino
dealer, it comes with the job), there is some potential for success.
Because of the increase in smoking bans throughout the
United States, including a partial one passed by Nevada voters in 2006, the
area has become "a changing ballgame right now," says Howard Cole, an Las Vegas
attorney and casino consultant on secondhand smoke liability.
He acknowledges that, "Secondhand smoke is a legitimate
concern. And this is still a developing area of law."
Kastroll and her lawyer, Jay Edelson, are counting on other
casino employees to break the code of silence and help seek justice for the
damage they've inhaled.
"I've been getting calls from people across Las
Vegas and Atlantic City.
These suits are not going to go away...There will be others after them willing to
go the distance against these powerful forces," Edelson says.
One of these people speaking out is 61-year old Cheryl Rose.
Rose, a nonsmoker, had worked in a casino for 22 years, starting out as a slot
attendant and working her way up to slot director. In 2008, Rose was diagnosed
with State 4 lung cancer, a result of all those years doing the simple and
necessary act of breathing while at work.
Rose has dedicated the remaining years in her life to
reforming the gaming industry and attempting to ban smoking in casinos. She is
not suing her former employer. Rose refuses to even name the casino in respect
for all they did for her career, even after she was fired in February 2008.
"This was a good company to work
for," Rose assures. "They offered me opportunities I never thought were possible."
Rose recently appeared in a public service announcement for
Smoke-Free Gaming, an anti-smoking advocacy and support network, and
participated in a rally at the Global Gaming Expo in November. She is doing
all she can to spread the message before she runs out of time. Unfortunately
for her, the cancer seems to be spreading faster. Things like this, and people
like Rose, are the reason Kastroll is risking her own job and livelihood to ban
smoking in casinos.
While Kastroll is believed to be the first casino worker in
the state to sue over secondhand smoke while currently employed, many others
are not that lucky.
Stephanie Steinberg, operator Smoke-Free Gaming, states how,
"People who complain about smoke are written up and could lose their jobs." This is just not a risk many citizens can take in this
economy.
"I ask them, ‘Why do you continue to work there if you have
lung cancer?' And the answer is always the same. They say they need their jobs-and
the health insurance-more than ever."
Those employees who do develop smoking related issues on the
job have little option other than to remain in the casinos for the insurance, since health problems brought on by secondhand smoke are not covered by Nevada's workers'
compensations, unlike asbestos, anthrax, and other hazardous, but rarer, substances.
Though Kastroll has everything to lose, she couldn't remain
silent after hearing of another dealer developing cancer and encountering a study released last year
by the National Institute for Occupational Safety and Health on the risks of
secondhand smoke in casinos.
The negligence by the casino bosses is also a huge part of
the issue. Kastroll claims in the lawsuit that dealers who requested to be
moved to nonsmoking tables were denied by the Wynn. Steinberg alleges that even
a dealer who was seven months pregnant was refused a nonsmoking table.
"The pit boss told me he doesn't give people ‘special
treatment,' " Steinberg remembers.
While some dealers want to allow smoking because they
believe a ban would reduce the business and thus, their tips, Kastroll begs
them to wonder if the money is truly more important than their health. This viewpoint is reflected in the aim of her lawsuit, which
is not a monetary settlement, but an improved work environment.
MGM Mirage spokesman Alan Feldman says that everyone is just
trying to do the best they can in such a tricky situation.
"I think the industry is trying to do what's right amid
conflicting policy directives," he says. "We're in a customer service business,
and this is an activity that many customers enjoy very much. We all strive to
be good and responsible employers...but this is also an economic issue."
A stance to which Kastroll strikes back asking, "But what price can
you put on someone's health? On someone's life?"