USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 618 - OCCUPATIONAL SAFETY AND HEALTH
This chapter may be cited as the Nevada
Occupational Safety and Health Act.
(Added to NRS by 1973, 1010)
1. It is the purpose of this chapter to provide safe and healthful
working conditions for every employee by:
(a) Establishing regulations;
(b) Effectively enforcing such regulations;
(c) Educating and training employees; and
(d) Establishing reporting procedures for job-related accidents and
illnesses.
2. The Legislature finds that such safety and health in employment
is a matter greatly affecting the public interest of this State.
(Added to NRS by 1973, 1010)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 618.029
to 618.165 , inclusive, have the meanings ascribed to them
in such sections.
(Added to NRS by 1973, 1010)
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1981, 1505; A 1991, 2433)
“Board” means the Occupational
Safety and Health Review Board.
(Added to NRS by 1973, 1010; A 1977, 1247)
“Division” means the Division of
Industrial Relations of the Department of Business and Industry.
(Added to NRS by 1981, 1505; A 1991, 2433; 1993, 1879)
“Emergency order” means a
restraining order issued by the Division for full or partial cessation of
operations where conditions may cause death or serious physical harm.
(Added to NRS by 1973, 1010; A 1993, 1879; 1995, 579)
“Employee” means every person who
is required, permitted or directed by any employer to engage in any
employment, or to go to work or be at any time in any place of
employment, under any appointment or contract of hire or apprenticeship,
express or implied, oral or written, whether lawfully or unlawfully
employed.
(Added to NRS by 1973, 1010; A 2003, 1518 )
“Employer” means:
1. The State of Nevada, any state agency, county, city, town,
school district or other unit of local government;
2. Any public or quasi-public corporation;
3. Any person, firm, corporation, partnership or association; and
4. Any officer or management official having direction or custody
of any employment or employee.
(Added to NRS by 1973, 1010; A 1975, 765)
“Employment” means any trade,
work, business, occupation or process of manufacture, or any method of
carrying on such trade, work, business, occupation or process of
manufacture, including construction work, in which any person may be
engaged.
(Added to NRS by 1973, 1010; A 1977, 582)
“General order” means any
order which applies generally throughout the State to all employers and
employees, employments or places of employment under the jurisdiction of
the Division. All other orders of the Division are special orders.
(Added to NRS by 1973, 1011; A 1981, 1505; 1993, 1880)
“National standard”
means any standard or modification thereof which:
1. Has been adopted by a nationally recognized standards-producing
organization under procedures whereby it can be determined by the
Administrator that persons interested and affected by the scope or
provisions of the standard have reached substantial agreement on its
adoption.
2. Was formulated in a manner which afforded an opportunity for
diverse views to be considered.
3. Has been designated as such a standard by the Administrator
after consultation with other appropriate agencies.
(Added to NRS by 1973, 1011; A 1993, 1880)
“Order” means any decision, rule,
regulation, direction, requirement or standard of the Division or any
other determination arrived at or decision made by the Division under the
safety and health provisions of this chapter.
(Added to NRS by 1973, 1011; A 1975, 766; 1981, 1505)
“Person” includes a public agency.
(Added to NRS by 1973, 1011; A 1975, 766; 1985, 534)
“Place of employment”
means any place, whether indoors or out or elsewhere, and the premises
appurtenant thereto, where, either temporarily or permanently, any
industry, trade, work or business is carried on, including all
construction work, and where any person is directly or indirectly
employed by another for direct or indirect gain or profit.
(Added to NRS by 1973, 1011; A 1977, 582)
“Safety
device” or “safeguard” means any practicable method of mitigating or
preventing a specific danger.
(Added to NRS by 1973, 1011)
DIVISION OF INDUSTRIAL RELATIONS
The Division shall supervise
and regulate all matters relating to the protection of the safety and
health of employees in conformity with the provisions of this chapter.
(Added to NRS by 1973, 1011; A 1981, 1506)
1. The Division is primarily responsible for occupational safety
and health in this State.
2. The Division may enter agreements with state agencies by which
these agencies complement each other’s services and work jointly in
matters affecting occupational safety and health of employees.
(Added to NRS by 1973, 1011; A 1981, 1506)
1. Each state agency and local government shall establish and
maintain an effective and comprehensive occupational safety and health
program consistent with the provisions promulgated under this chapter.
2. The state and local governments shall provide their employees
with conditions of employment consistent with the objectives of this
chapter, and comply with standards developed under NRS 618.295 .
(Added to NRS by 1973, 1019; A 1975, 766)
For the purpose of carrying out the provisions of this
chapter, the Division shall coordinate to the greatest extent practicable
the occupational safety and health activities of all state and local
agencies and shall advise, consult and cooperate with other agencies of
this State, the Federal Government, agencies of other states, interstate
agencies and with affected public and private organizations.
(Added to NRS by 1973, 1011; A 1981, 1506)
The
Division may institute training programs for the purpose of qualifying
personnel to carry out the provisions of this chapter and may make such
personnel available for participation in any program or programs of any
state agency in furtherance of the purposes of this chapter.
(Added to NRS by 1973, 1018; A 1981, 1506)
1. The Division must be administered by the Department of Business
and Industry.
2. A decision on any question arising under the provisions of this
chapter must be the decision of the Administrator, subject to review by
the Department.
(Added to NRS by 1973, 1012; A 1981, 1506; 1985, 866; 1993, 1880)
1. The Division may employ such qualified employees as in the
opinion of the Administrator are necessary to enforce the provisions of
this chapter.
2. Any safety and health representative employed by the Division
must have practical experience in the field of construction, trade,
craft, technical skill, profession or industry in which his services are
required.
3. The Administrator and other employees of the Division must not
be financially interested in any business interfering with, or
inconsistent with, their duties. Except as otherwise provided in NRS
284.143 , the Administrator and other
employees of the Division shall give their entire time to the business of
the Division and shall not pursue any other business or vocation or hold
any office of profit.
4. An employee of the Division shall not serve on any committee of
any political party.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 582; 1981, 1507;
1985, 443; 1995, 2318)
1. The Administrator shall establish:
(a) Within the Division a Section for:
(1) Enforcement; and
(2) Safety and Health Consultation, Education, Information
and Training.
(b) Such duties, in addition to the duties described in subsections
2 and 3, as he deems necessary for the Sections established pursuant to
paragraph (a).
2. If authorized by the Secretary of Labor, the Section for
Enforcement shall develop a program for small employers to eliminate or
abate hazards to the safety and health of employees. Except as otherwise
provided by federal law, if a small employer complies with the program
for small employers, the Section for Enforcement may reduce any penalty,
fine or interest imposed pursuant to this chapter.
3. The Section for Safety and Health Consultation, Education,
Information and Training shall establish:
(a) A toll-free telephone number within this State to provide
advice to a small employer who seeks assistance in complying with the
requirements of this chapter; and
(b) A program designed to assist a small employer in complying with
the requirements of this chapter, including, as appropriate, the
preparation and dissemination of pamphlets describing the requirements of
this chapter.
(Added to NRS by 1999, 896 )
1. The Division shall maintain its principal office in Carson
City, Nevada.
2. The Division shall maintain suboffices at such places as
industrial activity warrants. Suboffices may have complete facilities to
supervise, regulate and enforce the provisions of this chapter.
(Added to NRS by 1973, 1012; A 1981, 1507)
The Division shall:
1. Prevent or abate hazards to the safety and health of employees;
2. Develop a program of eliminating or abating hazards;
3. Advise and recommend a program of safety and health applicable
to public and state agencies;
4. Institute legal proceedings to compel compliance with this
chapter or any rules, regulations, standards or orders adopted or issued
under this chapter; and
5. Accept, receive and administer grants and other funds from any
private or public source, including the Federal Government.
(Added to NRS by 1973, 1012; A 1981, 1507)
1. The Division shall adopt such regulations as are necessary to
provide safe and healthful employment in those employments within its
jurisdiction.
2. The Division shall not propose standards or regulations for
products distributed or used in interstate commerce which are different
from federal standards for such products unless such standards are
required by compelling local conditions and do not unduly burden
interstate commerce.
3. The Division may adopt by emergency regulation temporary
emergency standards for the protection of employees who are exposed to
grave danger from exposure to substances or agents determined to be toxic
or physically harmful or from new hazards.
4. Standards established under this chapter must apply equally to
all places of employment.
5. Standards or regulations must provide for furnishing prompt
information to employees by means of labels or warning signs regarding
hazards in the workplace. The information must include the suitable
precautions, the symptoms and emergency treatment in case of exposure to
hazards.
6. If an employee has been exposed to a hazard and the Division
considers a medical examination necessary, the cost of the examination
must be paid by the employer. The results of the examination must be
furnished only to the Division and, at the request of the employee, to
the employee’s physician.
7. Standards or regulations must prescribe the use of suitable
protective equipment and control methods or procedures to include
monitoring or measuring any exposures. The employees are entitled to be
apprised of such monitoring and to obtain the results.
8. All federal occupational safety and health standards which the
Secretary of Labor promulgates, modifies or revokes, and any amendments
thereto, shall be deemed Nevada occupational safety and health standards
unless the Division, in accordance with federal law, adopts regulations
establishing alternative standards that provide protection equal to the
protection provided by those federal occupational safety and health
standards.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 85; 1981, 1507;
1995, 1890)
The Division may consider the
following sources in adopting standards under this chapter:
1. American National Standards Institute (ANSI).
2. American Society of Mechanical Engineers (ASME).
3. American Society for Testing and Materials (ASTM).
4. Code of Federal Regulations (CFR).
5. National Electrical Code (NEC).
6. National Fire Protection Association (NFPA).
7. Any national consensus standard.
8. Any safety order legally adopted by the Division.
(Added to NRS by 1973, 1013; A 1981, 1508)
1. The Division has authority over working conditions in all
places of employment except as limited by subsection 2.
2. The authority of the Division does not extend to working
conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this
State; or
(c) Are regulated pursuant to the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act
(45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45
U.S.C. §§ 421 et seq.).
3. The Division may:
(a) Declare and prescribe which safety devices, safeguards or other
means of protection are well adapted to render employees safe as required
by lawful order, state standards or regulations or federal standards, as
adopted by the Division.
(b) Fix and adopt such reasonable standards and prescribe, modify
and enforce such reasonable orders for the adoption, installation, use,
maintenance and operation of safety devices, safeguards and other means
or methods of protection, which must be as nearly uniform as practicable,
as may be necessary to carry out all laws and lawful orders relative to
the protection of the lives, safety and health of employees.
(c) Adopt such reasonable standards for the construction, repair
and maintenance of places of employment as render those places safe and
healthful.
(d) Require the performance of any other act which the protection
of the lives, safety and health in places of employment reasonably
demands.
(e) Provide the method and frequency of making investigations,
examinations and inspections.
(f) Prepare, provide and regulate forms of notices, publications
and blank forms deemed proper and advisable to carry out the provisions
of this chapter, and to charge to employers the printing costs for those
publications.
(g) Furnish blank forms upon request.
(h) Provide for adequate notice to each employer or employee of his
right to administrative review of any action or decision of the Division
as set forth in NRS 618.475 and 618.605
and to judicial review.
(i) Consult with the Health Division of the Department of Health
and Human Services with respect to occupational health matters in chapter
617 of NRS.
(j) Appoint and fix the compensation of advisers who shall assist
the Division in establishing standards of safety and health. The Division
may adopt and incorporate in its general orders such safety and health
recommendations as it may receive from advisers.
(Added to NRS by 1973, 1015, 1406; A 1975, 525, 767; 1977, 86, 582;
1981, 585, 1508; 1991, 2011; 1995, 648)
1. The Administrator and his representatives appointed under this
chapter shall act with full power and authority to carry out and enforce
the orders, standards and policies fixed by the Division, and for the
purposes set forth in this chapter may:
(a) Certify to official acts;
(b) Take depositions;
(c) Issue subpoenas;
(d) Compel the attendance of witnesses; and
(e) Compel the production of books, papers, records, documents and
testimony.
2. Upon presenting appropriate credentials to any employer, the
Administrator or his representative may:
(a) Enter without delay and at reasonable times any place of
employment; and
(b) Inspect and investigate during regular working hours or at
other reasonable times and within reasonable limits, that place of
employment and all pertinent conditions, structures, machines, apparatus,
devices, equipment and materials therein, and question privately any
employer or an employee.
3. The Division shall not notify the employer of any randomly
scheduled or customary regulatory inspection to be performed by the
Division.
(Added to NRS by 1973, 1016; A 1975, 768; 1981, 1509; 1989, 469)
1. The Division shall maintain a record of all oral complaints it
receives under this chapter from employees or representatives of
employees. The record must include a summary of the substance of each
such complaint, a listing of any evidence offered to support the
complaint, the date the employer was notified of the complaint and a
notation of the action taken by the Division as a result of the
complaint. The Division shall submit the record quarterly to the advisory
council of the Division for review and comment.
2. In addition to the records maintained pursuant to subsection 1,
the Division shall maintain a separate logbook which contains a notation
of:
(a) Each oral or written complaint filed by an employee or a
representative of employees alleging the existence of an imminent danger
or a violation of a safety or health standard that threatens physical
harm;
(b) The action taken by the Division in response to each such
complaint, including, as the case may be, a notation of the fact that:
(1) A special investigation was not made because the
complaint was found to be groundless after a preliminary investigation;
(2) A special investigation was made which resulted in a
finding that the complaint was based on reasonable grounds and the
Division took such action as was deemed appropriate; or
(3) A special investigation was made which resulted in a
finding that the complaint was not based on reasonable grounds;
(c) Each citation issued by the Division to an employer and the
reason for its issuance;
(d) Each inspection performed regarding the employer; and
(e) Each penalty imposed by the Division on an employer and the
reason therefor.
3. The Division shall respond to oral or written requests about
the information contained in or compiled from the logbook and otherwise
act as necessary to disseminate the information which is required to be
compiled pursuant to this section. The logbook maintained pursuant to
subsection 2 must be open to public inspection during the Division’s
regular hours of operation.
4. The Division shall retain the records pertaining to its
investigations and the records entered in the logbook maintained pursuant
to this section for at least 5 years.
(Added to NRS by 1989, 467; A 1993, 1880)
1. Except as otherwise provided in this section, the public may
inspect all records of the Division which contain information regarding:
(a) An oral or written complaint filed by an employee or a
representative of employees alleging the existence of an imminent danger
or a violation of a safety or health standard that threatens physical
harm;
(b) The manner in which the Division acted on any such complaint;
(c) Any citation issued by the Division to an employer and the
reason for its issuance; and
(d) Any penalty imposed by the Division on an employer and the
reason therefor.
2. The Division shall, upon oral or written request and payment of
any applicable charges, provide to any person a copy of any record of the
Division which is open to public inspection pursuant to subsection 1. The
first six pages reproduced pursuant to each such request must be provided
without charge. The charge for each additional page copied must not
exceed the cost of reproduction.
3. Except as otherwise provided in subsection 4, the Division
shall keep confidential:
(a) The name of any employee who filed any complaint against an
employer or who made any statement to the Division concerning an
employer; and
(b) Any information which is part of a current investigation by the
Division, but the fact that an investigation is being conducted is public
information.
Ê As used in this subsection, “current investigation” means any
investigation conducted before the issuance of a citation or notice of
violation or, if no citation or notice of violation is issued, an
investigation which is not closed.
4. The Division shall, upon the receipt of a written request from
a law enforcement agency, disclose otherwise confidential information to
that law enforcement agency for the limited purpose of pursuing a
criminal investigation.
(Added to NRS by 1989, 468; A 1999, 1856 )
1. The Division shall develop and maintain an effective program of
collection, compilation and analysis of occupational safety and health
statistics. This program may, at the discretion of the Division, cover
all employments.
2. To carry out the provisions of subsection 1, the Division may
promote, encourage or directly engage in programs of studies, information
and communication concerning occupational safety and health statistics.
(Added to NRS by 1973, 1019; A 1975, 769; 1981, 1510; 1991, 2012,
2433; 1993, 623, 624, 1881, 2804; 1995, 579)
The Division shall submit a written report quarterly to the
advisory council of the Division which lists each citation issued by the
Division for a violation of NRS 618.375
during that quarter and the circumstances for which the citation was
issued. Within 5 working days after submission of such a report to the
advisory council, the Division shall transmit the report to the
Legislative Counsel for inclusion in the register of administrative
regulations published pursuant to NRS 233B.0653 .
(Added to NRS by 1999, 2408 )
The Division shall:
1. Develop a program of eliminating or abating hazards;
2. Advise and recommend a program of occupational safety and
health applicable to public and state agencies; and
3. Provide for safety inspections and furnish advisory services to
employers on measures to promote industrial safety and health.
(Added to NRS by 1991, 2432; A 1993, 1881)
1. The Division, after consultation with cooperating state
agencies, shall:
(a) Conduct directly or by grants or contracts:
(1) Educational programs to provide an adequate supply of
qualified personnel to carry out the purposes of this chapter.
(2) Informational programs on the importance of and proper
use of adequate safety and health equipment in the workplace.
(b) Provide for the establishment and supervision of programs for
the education and training of employers and employees in the recognition,
avoidance and prevention of unsafe or unhealthful working conditions in
employments covered by this chapter.
(c) Consult with and advise employers and employees and
organizations representing employers and employees as to effective means
of preventing occupational injuries and diseases. Consultative services
must not detract from the enforcement efforts.
2. The Division shall request competitive bids for the development
of educational and informational programs required by this section.
3. The Division shall allocate the money necessary to carry out
the educational and informational programs required by this section.
(Added to NRS by 1973, 1018; A 1981, 1506; 1991, 2433; 1993, 1881)
SCOPE AND OPERATION
1. This chapter does not supersede or in any manner affect the
Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act
or enlarge, diminish or affect in any other manner the common-law or
statutory rights, duties or liabilities of employers and employees under
the laws of this State with respect to injuries, occupational or other,
diseases or death of employees arising out of or in the course of
employment.
2. Statements, reports and information obtained or received by the
Division in connection with an investigation under, or the administration
or enforcement of, the provisions of this chapter must not be admitted as
evidence in any civil action other than an action for enforcement,
variance hearing or review under this chapter.
3. Any report of investigation or inspection or any information
concerning trade secrets or secret industrial processes obtained under
this chapter must not be disclosed or open to public inspection, except:
(a) As such information may be disclosed to other officers or
employees concerned with carrying out this chapter;
(b) When relevant in any court proceeding under this chapter; or
(c) As otherwise provided in NRS 618.341 .
4. The Division, the courts, and where applicable, the review
board may issue such orders as may be appropriate to protect the
confidentiality of trade secrets.
(Added to NRS by 1973, 1021; A 1975, 769; 1981, 1510; 1989, 469;
1999, 1856 )
1. Employees, former employees and representatives of employees or
former employees are entitled to access to any records in the possession
of their employers or former employers which indicate their exposure to
toxic materials or harmful physical agents. Employers and former
employers shall, upon request, provide copies of the records to the
employees, former employees or representatives within 72 hours after
receipt of the request.
2. If a copy of a record is provided pursuant to this section, the
first six pages reproduced pursuant to the request must be provided
without charge. The charge for each additional page copied must not
exceed the cost of reproduction.
3. For the purposes of this section, “representative of an
employee or former employee” means:
(a) A person previously identified to the Division as an authorized
representative of the employee bargaining unit of a labor organization
which has a collective bargaining relationship with the employer and
represents the affected employees.
(b) An attorney acting for an affected employee or former employee.
(c) The spouse, parent or child of an affected employee or former
employee.
(d) Any person designated by a court to act as the official
representative for the estate of an affected employee or former employee.
(Added to NRS by 1975, 775; A 1981, 1511; 1989, 469)
Every employer shall:
1. Furnish employment and a place of employment which are free
from recognized hazards that are causing or are likely to cause death or
serious physical harm to his employees.
2. Furnish and use such safety devices and safeguards, and adopt
and use such practices, means, methods, operations and processes as are
reasonably adequate to render such employment and places of employment
safe and comply with all orders issued by the Division.
3. Post prominently in the working place all posters and
information provided by the Division informing employees of their rights
and obligations pursuant this chapter.
4. Assign at least one person to be in charge of occupational
safety and health.
5. Do every other thing reasonably necessary to protect the lives,
safety and health of employees.
(Added to NRS by 1973, 1018; A 1975, 770; 1981, 1511; 1991, 2434;
1993, 1882)
1. Every employer shall, upon hiring an employee, provide the
employee with a document or videotape setting forth the rights and
responsibilities of employers and employees to promote safety in the
workplace. The document, or evidence of receipt of the videotape, must be
signed by the employer and employee and placed in the employee’s
personnel file. The document or videotape shall not be deemed to be a
part of any employment contract.
2. The Division shall adopt regulations specifying the contents of
such a document or videotape and establishing requirements for making the
document or videotape available in different languages.
(Added to NRS by 1991, 2432; A 1993, 1882; 1999, 863 )
1. Any accident occurring in the course of employment which is
fatal to one or more employees or which results in the hospitalization of
three or more employees must be reported by the employer orally to the
nearest office of the Division within 8 hours after the time that the
accident is reported to any agent or employee of the employer. A report
submitted to the Division pursuant to the provisions of this subsection
must include:
(a) The name of the employer;
(b) The location and time of the accident;
(c) The number of employees killed or hospitalized as a result of
the accident;
(d) A brief description of the accident; and
(e) The name of a person who may be contacted by the Division for
further information.
Ê Upon receipt of such a report, the Division shall notify the employer
of the estimated time that the Division’s investigator will arrive at the
site of the accident. The Division shall initiate an investigation at the
site of the accident within 8 hours after receiving the report.
2. An industrial insurer shall provide to the Division a monthly
report setting forth the number, type and severity of industrial injuries
and occupational diseases reported or claimed by employees in the
preceding month. The report must identify the employer and be sorted
according to the employer’s Standard Industrial Classification or his
classification for the purposes of industrial insurance. The Division
shall by regulation prescribe the form for the report made pursuant to
this subsection. As used in this subsection, “industrial insurer” has the
meaning ascribed to the term “insurer” in NRS 616A.270 .
3. All employers shall maintain accurate records and make reports
to the United States Assistant Secretary of Labor in the same manner and
to the same extent as if this chapter were not in effect.
4. The Division shall make such reasonable reports to the
Assistant Secretary of Labor in such form and containing such information
as he may from time to time require.
5. Requests for variances to federal recordkeeping and reporting
regulations must be submitted to and obtained from the Bureau of Labor
Statistics, United States Department of Labor. All variances granted by
the Bureau of Labor Statistics must be respected by the Division.
(Added to NRS by 1991, 2432; A 1993, 2805; 1995, 74)
1. Except as otherwise provided in subsection 2, if any accident
occurring in the course of employment is fatal to one or more employees
or results in the hospitalization of three or more employees, and is
caused, in whole or in part, by any equipment located at the site of the
accident, no person may dismantle or otherwise move that equipment until
the division has investigated the accident and has authorized the
dismantling or removal of the equipment.
2. The provisions of subsection 1 do not apply if the dismantling
or removal of the equipment is necessary to free any person trapped by
the equipment or to ensure the safety of or to prevent further injury to
any person. If any equipment is dismantled or moved to free a trapped
person, the equipment may be dismantled or moved only to the extent
necessary to free the person.
3. Upon the occurrence of an accident described in subsection 1,
the employer of an injured employee shall, upon the arrival of an
investigator of the Division at the site of the accident, make available
for questioning in a reasonable amount of time any person employed by the
employer who is determined by the investigator to be necessary for the
completion of the investigation, including the immediate supervisor of
any injured employee and any employee who witnessed the accident.
4. As used in this section, “accident occurring in the course of
employment” does not include:
(a) An accident involving a motor vehicle that is being operated on
a public highway in this State.
(b) A homicide committed at an employer’s place of business.
(Added to NRS by 1995, 73)
Each employer shall promptly notify any employee who
has been or is being exposed to toxic materials or harmful physical
agents in concentrations or at levels which exceed those prescribed by an
applicable occupational safety and health standard adopted under this
chapter, and shall inform such employee of any action being taken to
correct the condition.
(Added to NRS by 1975, 775)
1. Except as otherwise provided in subsections 8 and 9, an
employer shall establish a written safety program and carry out the
requirements of the program within 90 days after it is established.
2. The written safety program must include:
(a) The establishment of a training program for employees
concerning safety in the workplace, particularly in those areas where
there have been recurring injuries or where explosives are manufactured.
(b) If an employer has more than 25 employees, or if an employer’s
employees are engaged in the manufacture of explosives, the establishment
of a safety committee. The safety committee must include representatives
of employees. If the employees are represented by a labor organization,
the representatives of employees must be selected by the employees and
not appointed by the employer.
3. A representative of employees while engaging in the business of
a safety committee, including attendance at meetings, authorized
inspections or any other activity of the committee, must be paid by his
employer as if that employee were engaged in his usual work activities.
4. The written safety program and all training programs required
pursuant to this section must be conducted and made available in a
language and format that is understandable to each employee.
5. The Administrator of the Division shall adopt regulations
establishing the minimum requirements for a written safety program.
6. The Administrator of the Division shall develop and provide
each employer with a written guide for establishing a written safety
program.
7. An employer who contracts with a temporary employment service
shall provide specialized training concerning safety for the employees of
the service before they begin work at each site or as soon as possible
thereafter.
8. An employer who has 10 or fewer employees is exempted from the
provisions of this section unless the employer has employees engaged in
the manufacture of explosives.
9. For the purposes of this section, an employer in the mining
industry shall not be deemed to be a manufacturer of explosives.
10. Except as otherwise provided in subsection 11, as used in this
section, “explosives” means gunpowders, powders used for blasting, all
forms of high explosives, blasting materials, fuses other than electric
circuit breakers, detonators and other detonating agents, smokeless
powders, other explosive or incendiary devices and any chemical compound,
mechanical mixture or device that contains any oxidizing and combustible
units, or other ingredients, in such proportions, quantities or packing
that ignition by fire, friction, concussion, percussion or detonation of
the compound, mixture or device or any part thereof may cause an
explosion.
11. For the purposes of this section, an explosive does not
include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches, and friction primers that are intended to
be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18
U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the
definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as
that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a
military department of the United States, or that is distributed to, or
possessed or stored by, the military or naval service or any other agency
of the United States, or an arsenal, a navy yard, a depot or any other
establishment owned by or operated on behalf of the United States.
(Added to NRS by 1991, 2393; A 1993, 772, 1882; 1995, 579, 2037,
2038; 1999, 863 , 865 )
The Administrator shall encourage all
employers who are required to establish a written safety program pursuant
to NRS 618.383 to include as a part of
that program the employment of a person who has successfully completed
the training requirements of a course in basic emergency care of a person
in cardiac arrest that:
1. Included training in the operation and use of an automated
external defibrillator; and
2. Was conducted in accordance with the standards of the American
Heart Association or the American National Red Cross.
(Added to NRS by 1997, 1790; A 1999, 938 )
An employer shall not:
1. Require, permit or suffer any employee to go or be in any
employment or place of employment which is not safe and healthful.
2. Fail to furnish, provide and use safety devices and safeguards
or fail to adopt and use methods and processes reasonably adequate to
render such employment and place of employment safe and healthful.
3. Fail or neglect to do every other thing reasonably necessary to
protect the life, safety and health of such employees.
4. Maintain any place of employment that is not safe and healthful.
(Added to NRS by 1973, 1018; A 1975, 770)
An employer, owner or lessee of any real
property in this State shall not construct, cause to be constructed or
maintained any place of employment that is not safe and healthful.
(Added to NRS by 1973, 1018; A 1975, 770)
1. An employee shall not remove, displace, damage, destroy or
carry off any safety device or safeguard furnished and provided for use
in any employment or place of employment, or interfere in any way with
the use thereof by any other person.
2. An employee shall not interfere with the use of any method or
process adopted for the protection of any employee, including himself, in
such employment or place of employment.
3. Each employee shall comply with occupational safety and health
standards and all rules, which are applicable to his own actions and
conduct.
(Added to NRS by 1973, 1018)
Any affected
employer may apply to the Administrator for a rule or order for a
permanent variance from a standard adopted under this chapter. Affected
employees must be given notice of each application and an opportunity to
participate in a hearing. The Administrator shall issue the rule or order
if he determines on the record, after opportunity for an inspection where
appropriate and a hearing, that the proponent of the permanent variance
has demonstrated by a preponderance of the evidence that the conditions,
practices, means, methods, operations or processes used or proposed to be
used by an employer will provide employment and places of employment to
his employees which are as safe and healthful as those which would
prevail if he complied with the standard. The rule or order must
prescribe the conditions the employer must maintain, the practices,
means, methods, operations or processes which he must adopt and utilize
to the extent they differ from the standard in question. Such a rule or
order may be modified or revoked upon application by an employer,
employees or by the Administrator on his own motion, in the manner
prescribed for its issuance under this subsection at any time after 6
months after its issuance.
(Added to NRS by 1973, 1013; A 1977, 584; 1981, 586; 1993, 1883)
The Administrator may grant a variance
from any standard or portion thereof whenever he determines that a
variance is necessary to permit an employer to participate in an
experiment designed to demonstrate or validate new and improved
techniques to safeguard the health or safety of workers.
(Added to NRS by 1977, 584; A 1993, 1884)
1. Any employer may apply to the Administrator for a temporary
order granting a variance from a standard which has been adopted pursuant
to this chapter but has not become effective. The temporary order may be
granted only if the employer files an application which meets the
requirements of subsection 2 and, after notice to the affected employees
and an opportunity for a hearing, establishes that:
(a) He will not be able to comply with the standard by its
effective date because of the unavailability of necessary professional or
technical personnel or materials and equipment or because necessary
construction or alteration of facilities cannot be completed by that date;
(b) He is taking all available steps to safeguard his employees
against the hazards covered by the standard; and
(c) He has a program which will bring the working conditions into
compliance with the standard as quickly as practicable.
2. The application for such a temporary order must contain:
(a) A specification of the standard or portion thereof from which
the employer seeks a variance;
(b) A representation by the employer, supported by representations
from qualified persons having firsthand knowledge of the facts
represented, that he is unable to comply with the standard or portion
thereof and a detailed statement of the reasons therefor;
(c) A statement of the steps he has taken and will take, with
specific dates, to protect employees against the hazard covered by the
standard;
(d) A statement of when he expects to be able to comply with the
standard and what steps he has taken and what steps he will take, with
dates specified, to come into compliance with the standard; and
(e) A certification that he has informed his employees of the
application by giving a copy thereof to their authorized representative,
posting a statement giving a summary of the application and specifying
where a copy may be examined at the place or places where notices to
employees are normally posted, and by other appropriate means. A
description of how employees have been informed must be contained in the
certification. The information to employees must also inform them of
their right to petition to the Administrator for a hearing.
(Added to NRS by 1977, 585; A 1993, 1884)
1. Every temporary order granting a variance from a standard which
has not become effective must prescribe:
(a) The practices, means, methods, operations and processes which
the employer must adopt and use while the order is in effect; and
(b) The program to be carried out by the employer to achieve
compliance with the standard.
2. Such a temporary order is effective for the period needed by
the employer to achieve compliance with the standard or 1 year, whichever
period is shorter. The temporary order may be renewed, but not more than
twice, if:
(a) The requirements of subsection 1 of NRS 618.419 are met; and
(b) An application for renewal is filed at least 90 days before the
expiration date of the order.
Ê Each renewal may remain in effect no longer than 180 days.
3. The Administrator may issue one interim order to be effective
until a decision is made on the basis of the hearing.
(Added to NRS by 1977, 585; A 1993, 1884)
1. Any employee, representative of employees, provider of health
care or governmental officer or employee whose primary duty is to ensure
public safety, including a building inspector, building official or other
similar authority, believing that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent danger
exists, may request an investigation by giving notice, orally or in
writing, to the Administrator or his representative of the violation or
danger.
2. The person giving the notice must state with reasonable
particularity the grounds for the notice. The name of any employee giving
a complaint notice or names of employees mentioned in the complaint must
be held confidential. If the complaint is given orally, the Division
shall send to the complainant a form upon which he may supplement his
oral complaint. His failure to return the form does not affect the
Division’s duty to act pursuant to this section.
3. If upon receipt of the notification the Division determines
that there are reasonable grounds to believe that a violation or imminent
danger exists, it shall make a special investigation within 14 days
unless there is a substantial probability that death or serious physical
harm could result from the violation or danger, then the investigation
must be made immediately after the Administrator receives the notice to
determine whether a violation or imminent danger exists. The Division
need not investigate a complaint within the times required by this
subsection if, from the facts stated in the complaint, the Administrator
determines that the complaint is intended solely to harass the employer.
If the Division determines that there are no reasonable grounds to
believe that a violation or imminent danger exists, it shall notify the
employees or other person who gave the notice of such determination
within 14 days after the Administrator receives the notice.
(Added to NRS by 1973, 1017; A 1975, 770; 1981, 1511; 1989, 470;
2001, 1252 )
1. Before or during any inspection of a workplace, any employee,
representative of employees, provider of health care or governmental
officer or employee whose primary duty is to ensure public safety,
including a building inspector, building official or other similar
authority, may notify the Administrator or any representative of the
Administrator responsible for conducting the inspection, orally or in
writing, of any violation of this chapter which they have reason to
believe exists in the workplace. The Division shall by regulation
establish procedures for informal review of any refusal by a
representative of the Administrator to issue a citation with respect to
any such alleged violation and shall furnish the employees or other
persons requesting the review a written statement of the reasons for the
Administrator’s final disposition of the case within 14 days after the
Administrator receives the notice.
2. An opportunity must be afforded to a representative of the
employer and an authorized representative of the employees to accompany
the representative of the Division during the physical inspection of the
place of employment or, where there is no authorized representative of
the employees, consultation must be had with a reasonable number of
employees, but no more than one employee may accompany the Division’s
representative during the inspection.
3. Any employee of the employer who accompanies the representative
of the Division during the inspection pursuant to subsection 2 is
entitled to be paid by the employer at his regular rate of pay for the
time spent with the representative of the Division inspecting the place
of employment if he would have otherwise been compensated for working
during that time.
4. For the purposes of this section, “representative of an
employee” means a person previously identified to the Division as an
authorized representative of the employee bargaining unit of a labor
organization which has a collective bargaining relationship with the
employer and represents the affected employees.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 1512; 1989, 471;
2001, 1252 )
1. A person shall not discharge or in any manner discriminate
against any employee because the employee has filed any complaint or
instituted or caused to be instituted any proceeding under or related to
this chapter or has testified or is about to testify in any such
proceeding or because of the exercise by the employee on behalf of
himself or others of any right afforded by this chapter.
2. Any employee aggrieved by a violation of subsection 1 may file
a complaint for the relief afforded under subsection 3, after first
notifying his employer and the Division of his intention to file the
complaint. Any complaint must be filed with the Division within 30 days
after the violation has occurred and must set forth in writing the facts
constituting the violation.
3. Upon receipt of the complaint by the Division, the
Administrator shall cause such investigation to be made as he deems
appropriate. If upon investigation, the Administrator determines that the
provisions of subsection 1 have been violated, he shall bring an action
in the name of the Administrator in any appropriate district court
against the person who has committed the violation.
4. If the court finds that the employee was discharged or
discriminated against in violation of subsection 1, the employee is
entitled to reinstatement and reimbursement for lost wages and work
benefits.
5. Any decision reached by the Administrator relating to the
filing of an action pursuant to this section must be made available to
the complaining employee within 90 days after the Division’s receipt of
the complaint.
(Added to NRS by 1973, 1024; A 1975, 771; 1981, 1512; 1991, 2434)
It is unlawful for anyone to give advance notice of an inspection except
as authorized by the Administrator.
(Added to NRS by 1973, 1018; A 1993, 1885)
ENFORCEMENT
1. If, upon inspection or investigation, the Administrator or his
authorized representative believes that an employer has violated a
requirement of this chapter, or any standard, rule or order adopted or
issued pursuant to this chapter, the Division shall with reasonable
promptness issue a citation to the employer. Each citation must be in
writing and describe with particularity the nature of the violation,
including a reference to the section of this chapter or the provision of
the standard, rule, regulation or order alleged to have been violated. In
addition the citation must fix a reasonable time for the abatement of the
violation. The Administrator may prescribe procedures for the issuance of
a notice in lieu of a citation with respect to:
(a) Minor violations which have no direct or immediate relationship
to safety or health; and
(b) Violations which are not serious and which the employer agrees
to correct within a reasonable time.
2. Each citation issued under this section, or a copy or copies
thereof, must be prominently posted as prescribed in regulations adopted
by the Administrator at or near each place a violation referred to in the
citation occurred.
3. No citation may be issued under this section after 6 months
following the occurrence of any violation.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 587, 1513)
1. If, after an inspection or investigation, the Division issues a
citation under the provisions of this chapter, it shall, within a
reasonable time after the termination of the inspection or investigation,
notify the employer by certified mail of the penalty, if any, proposed to
be assessed under this chapter and that the employer has 15 working days
within which to notify the Division that he wishes to contest the
citation or proposed assessment of penalty. If, within 15 working days
from the receipt of the notice issued by the Division, the employer fails
to notify the Division that he intends to contest the citation or
proposed assessment of penalty, and no notice is filed by any employee or
representative of employees under this chapter within such time, the
citation and assessment as proposed shall be deemed a final order of the
review board and not subject to review by any court or agency. Upon a
showing by an employer of a good faith effort to comply with the
abatement requirements of a citation, and that the abatement has not been
completed because of factors beyond his reasonable control, the Division
shall issue an order affirming or modifying the abatement requirements in
the citation.
2. Any employee or his representative alleging that the time fixed
in the citation for the abatement of a violation by his employer is
unreasonable may, within 15 working days after the date of posting of the
notice of abatement pursuant to this chapter, file an appeal with the
Division to contest the reasonableness of the period of time for
abatement of the violation and must be notified in writing as to the time
and place of hearing before the review board.
3. If no appeal is filed by an employee or his representative
under subsection 2 of this section within the time limit of 15 working
days, the period of time fixed for the abatement of the violation is
final and not subject to review by any court or the review board.
(Added to NRS by 1973, 1019; A 1975, 772; 1981, 1513)
In an investigation the
Division may cause depositions of witnesses residing within or without
the State to be taken in the manner prescribed by law and Nevada Rules of
Civil Procedure for taking depositions in civil actions in courts of
record.
(Added to NRS by 1973, 1022; A 1981, 1514)
1. Each witness who appears in obedience to a subpoena before the
Division or its representative is entitled to receive for his attendance
the fees and mileage provided for witnesses in civil cases in courts of
record.
2. Claims for witnesses’ fees must be audited and paid by the
Division.
3. No witness subpoenaed at the instance of a party other than the
Division is entitled to compensation from the Division unless the
Division certifies that his testimony was material to the matter
investigated.
(Added to NRS by 1973, 1022; A 1981, 1514; 1993, 1885)
If
any person disobeys an order of the Division, a subpoena issued by it or
one of its representatives, refuses to permit an inspection or refuses to
testify as a witness to any matter regarding which he may be lawfully
interrogated, then the district judge of the county in which the person
resides, on application of the Administrator or his representative, shall
compel obedience by attachment proceedings as for contempt, as in the
case of disobedience of the requirements of subpoenas issued from the
court on a refusal to testify therein.
(Added to NRS by 1973, 1022; A 1981, 1514)
1. The Division may prosecute, defend and maintain actions in the
name of the Division for the enforcement of the provisions of this
chapter and is entitled to all extraordinary writs provided by the
Constitution of the State of Nevada, the statutes of this State and the
Nevada Rules of Civil Procedure in connection therewith for the
enforcement thereof.
2. Verification of any pleading, affidavit or other paper required
may be made by the Division.
3. In any action or proceeding or in the prosecution of any appeal
by the Division, no bond or undertaking may be required to be furnished
by the Division.
(Added to NRS by 1973, 1021; A 1981, 1514; 1993, 1885)
Every order of the Division,
general or special, and its rules, regulations, findings and decisions,
made and entered under the provisions of this chapter, are admissible as
evidence in any prosecution for the violation of any of the provisions,
and must, in every such prosecution, be presumed to be reasonable and
lawful and to fix a reasonable and proper standard and requirement for
safety and health unless, before the institution of the prosecution,
proceedings for a rehearing thereon or a review thereof have been
instituted and not finally determined.
(Added to NRS by 1973, 1022; A 1975, 773; 1981, 1514; 1987, 312)
1. The Administrator may issue an emergency order to restrain any
conditions or practices in any place of employment which are such that a
danger exists which could reasonably be expected to cause death or
serious physical harm immediately or before the imminence of the danger
can be eliminated through the other enforcement procedures provided by
this chapter. Any order issued under this section may require such steps
to be taken as may be necessary to avoid, correct or remove the imminent
danger and prohibit the employment or presence of any person in locations
or under conditions where the imminent danger exists, except persons
whose presence is necessary to avoid, correct or remove the imminent
danger or to maintain the capacity of a continuous process operation to
resume normal operations without a complete cessation of operations or,
where a cessation of operations is necessary, to permit it to be
accomplished in a safe and orderly manner.
2. An order issued pursuant to subsection 1 becomes effective upon
delivery to the employer or other person in charge of the place of
employment where the danger exists. If, within 15 days after the
effective date of the order, the employer fails to notify the Division
that he wishes to contest the order, the order shall be deemed a final
order and is not subject to review by any court or agency. If the
employer contests the order within 15 days after the effective date of
the order and the Division does not rescind or modify the order as
requested, the employer may petition the court for relief. Upon the
filing of such a petition, the district court may grant injunctive relief
or a temporary restraining order pending the outcome of an enforcement
proceeding pursuant to this chapter.
3. Whenever and as soon as a representative of the Division
concludes that conditions or practices described in subsection 1 exist in
any place of employment, he shall inform the affected employees and
employers of the danger and that he is recommending to the Administrator
that an emergency order be issued.
(Added to NRS by 1973, 1014; A 1975, 773; 1981, 1515; 1989, 471)
If the Administrator arbitrarily or capriciously fails to issue
an emergency order pursuant to NRS 618.545 , any employee who may be injured by reason of
such failure, or the representative of such employees may bring an action
against the Administrator in the district court for the district in which
the imminent danger is alleged to exist or the employer has its principal
office, for a writ of mandamus to compel the Administrator to issue such
an order and for such further relief as may be appropriate.
(Added to NRS by 1973, 1015; A 1975, 773; 1981, 1538; 1989, 472)
OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD
1. The Occupational Safety and Health Review Board, consisting of
five members appointed by the Governor, is hereby created under the
Division.
2. The Governor shall appoint:
(a) Two members who are representatives of management.
(b) Two members who are representatives of labor.
(c) One member who is a representative of the general public.
(d) One person to serve as an alternate for the representative of
the general public when that member is unable to attend a meeting of the
Board.
Ê At least one of the members appointed pursuant to paragraph (a) or (b)
must be knowledgeable regarding occupational safety or health.
3. After the initial terms, members shall serve terms of 4 years.
No member may serve more than two terms.
4. No person employed by the Division may serve as a member of the
Board.
(Added to NRS by 1973, 1020; A 1977, 1247; 1981, 69, 1515; 1993,
1885; 1995, 335)
The members of the Board shall annually
select a Chairman and Secretary from among themselves.
(Added to NRS by 1973, 1020; A 1975, 773)
1. The Board shall:
(a) Meet as often as necessary to hold review hearings, as provided
in NRS 618.605 , at such times and
places as the Chairman may determine;
(b) Enact rules and regulations governing the conduct of review
hearings; and
(c) Perform such other duties as the Division may prescribe.
2. The Board may employ legal counsel to advise it concerning
matters which come before it.
3. A quorum of the Board must be present in order for the conduct
of review hearings or other business.
4. A quorum consists of at least three members of the Board, at
least one of whom must represent labor and one of whom must represent
management.
5. All decisions of the Board must be determined by a majority
decision.
6. A complete record of every review hearing must be made.
7. If the alternate for the regular member representing the
general public attends a meeting of the Board in the place of the regular
member, the alternate fully assumes the duties, rights and
responsibilities for the duration of that meeting and is entitled to the
compensation, allowances and expenses otherwise payable for members who
attend that meeting.
(Added to NRS by 1973, 1021; A 1975, 774; 1981, 588, 1515; 1993,
1885; 1995, 335)
1. Each member of the Board is entitled to receive a salary of not
more than $80, as fixed by the Board, for each day or portion thereof for
attendance at meetings of the Board.
2. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
(Added to NRS by 1973, 1021; A 1975, 302, 774; 1981, 1990; 1985,
444; 1989, 1722)
1. Upon the receipt of any written appeal or notice of contest
under NRS 618.475 , the Division shall
within 15 working days notify the Board of such an appeal or contest.
2. The Board shall hold a formal fact-finding hearing and render
its decision based on the evidence presented at the hearing.
3. Any employee of an employer or representative of the employee
may participate in and give evidence at the hearing, subject to rules and
regulations of the Board governing the conduct of such hearings.
(Added to NRS by 1973, 1020; A 1975, 774; 1981, 1516)
UNLAWFUL ACTS; PENALTIES
1. The Division may assess administrative fines provided for in
this chapter, giving due consideration to the appropriateness of the
penalty with respect to the size of the employer, the gravity of the
violation, the good faith of the employer and the history of previous
violations.
2. For purposes of this chapter, a serious violation exists in a
place of employment if there is a substantial probability that death or
serious physical harm could result from a condition which exists, or from
one or more practices, means, methods, operations or processes which have
been adopted or are in use in that place of employment unless the
employer did not and could not, with the exercise of reasonable
diligence, know of the presence of the violation.
3. Administrative fines owed under this chapter must be paid to
the Division. The fines may be recovered in a civil action in the name of
the Division brought in a court of competent jurisdiction in the county
where the violation is alleged to have occurred or where the employer has
his principal office.
(Added to NRS by 1973, 1022; A 1975, 774; 1981, 588, 1516)
Any employer who
willfully or repeatedly violates any requirements of this chapter, any
standard, rule, regulation or order promulgated or prescribed pursuant to
this chapter, may be assessed an administrative fine of not more than
$70,000 for each violation, but not less than $5,000 for each willful
violation.
(Added to NRS by 1973, 1022; A 1991, 2013)
Any employer who
has received a citation for a serious violation of any requirement of
this chapter, or any standard, rule, regulation or order promulgated or
prescribed pursuant to this chapter, must be assessed an administrative
fine of not more than $7,000 for each such violation. If a violation is
specifically determined to be of a nonserious nature an administrative
fine of not more than $7,000 may be assessed.
(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013)
Any employer who fails
to correct a violation for which a citation has been issued under this
chapter within the period permitted for its correction may be assessed an
administrative fine of not more than $7,000 for each day during which the
failure or violation continues. If a review proceeding is initiated by
the employer in good faith and not solely to delay or avoid any
penalties, the period permitted to correct a violation does not begin
until the date of the final order of the Division.
(Added to NRS by 1973, 1023; A 1981, 1516; 1989, 466; 1991, 2013)
Any
employer who willfully refuses to submit his records for inspection, as
provided by NRS 618.325 , to the
Administrator or his representative must be assessed an administrative
fine of $200 for each offense.
(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 466)
1. An employer who fails to post the notice and records as
required under the provisions of this chapter must be assessed an
administrative fine of not more than $7,000 for each violation.
2. An employer who fails to maintain the notice or notices and
records required by this chapter must be assessed an administrative fine
of not more than $7,000 for each violation.
(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013)
Any employer who
willfully violates any requirement of this chapter, or any standard,
rule, regulation or order promulgated or prescribed pursuant to this
chapter, where the violation causes the death of any employee, shall be
punished:
1. For a first offense, by a fine of not more than $50,000 or by
imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
2. For a second or subsequent offense, by a fine of not more than
$100,000 or by imprisonment in the county jail for not more than 1 year,
or by both fine and imprisonment.
(Added to NRS by 1973, 1023; A 1989, 466; 2003, 986 )
1. Any person who gives advance notice of any inspection of a
workplace to be conducted under this chapter, without authority from the
Administrator shall be punished by a fine of not more than $2,000 or by
imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
2. This section does not prohibit any employer from requesting
consultative services at the workplace.
(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 467)
Any person who:
1. Knowingly makes a false statement or representation of a
material fact;
2. Knowingly files a false oral or written complaint alleging that
a violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists;
3. Knowingly fails to disclose a material fact in any document,
report or other information; or
4. Willfully makes a false entry in, or willfully conceals,
withholds or destroys any books, records or statements required under the
provisions of this chapter,
Ê shall be punished by a fine of not more than $20,000 or by imprisonment
in the county jail for not more than 6 months, or by both fine and
imprisonment.
(Added to NRS by 1973, 1023; A 1989, 472)
1. A person shall not hold himself out as:
(a) An associate safety professional or use in connection with his
name the words or letters “Associate Safety Professional” or “A.S.P.” or
any other title, word, letter or other designation intended to imply or
designate that he is an associate safety professional, unless he is
recognized as such by the Board of Certified Safety Professionals.
(b) A certified industrial hygienist or use in connection with his
name the words or letters “Certified Industrial Hygienist” or “C.I.H.” or
any other title, word, letter or other designation intended to imply or
designate that he is a certified industrial hygienist, unless he is
certified as such by the American Board of Industrial Hygiene.
(c) A certified safety professional or use in connection with his
name the words or letters “Certified Safety Professional” or “C.S.P.” or
any other title, word, letter or other designation intended to imply or
designate that he is a certified safety professional, unless he is
certified as such by the Board of Certified Safety Professionals.
(d) An industrial hygienist in training or use in connection with
his name the words or letters “Industrial Hygienist in Training” or
“I.H.I.T.” or any other title, word, letter or other designation intended
to imply or designate that he is an industrial hygienist in training,
unless he is certified as such by the American Board of Industrial
Hygiene.
(e) An occupational health and safety technologist or use in
connection with his name the words “Occupational Health and Safety
Technologist” or “O.H.S.T.” or any other title, word, letter or other
designation intended to imply or designate that he is an occupational
health and safety technologist, unless he is certified as such by the
Joint Committee of the American Board of Industrial Hygiene and the Board
of Certified Safety Professionals.
(f) An associate safety and health manager or use in connection
with his name the words “Associate Safety and Health Manager” or
“A.S.H.M.” or any other title, word, letter or other designation intended
to imply or designate that he is an associate safety and health manager,
unless he is recognized as such by the Institute for Safety and Health
Management.
(g) A certified safety and health manager or use in connection with
his name the words “Certified Safety and Health Manager” or “C.S.H.M.” or
any other title, word, letter or other designation intended to imply or
designate that he is a certified safety and health manager, unless he is
certified as such by the Institute for Safety and Health Management.
2. The Division shall report any alleged violation of subsection 1
to the district attorney of the county in which the alleged violation
occurred.
3. Any governmental entity that has issued a license to conduct
business in this State as an associate safety professional, a certified
industrial hygienist, a certified safety professional, an industrial
hygienist in training, an occupational health and safety technologist, an
associate safety and health manager or a certified safety and health
manager to a person who is convicted of violating any provision of
subsection 1 shall revoke that license and send notice of the revocation
to the licensee by certified mail.
4. Any person who violates a provision of subsection 1 is guilty
of a misdemeanor.
(Added to NRS by 1995, 403; A 2005, 256 )
Each violation of
any provision of this chapter, or any part or portion thereof, is a
separate and distinct offense, and in the case of a violation continuing
past the abatement date, each day’s continuance thereof constitutes a
separate and distinct offense.
(Added to NRS by 1973, 1023)
MISCELLANEOUS PROVISIONS
1. It shall be unlawful for any person, firm, association or
corporation, employing in the same building or on the same premises five
or more males and three or more females, to fail to provide separate
lavatories or toilet rooms for each sex and to fail to designate the same
plainly by a printed or painted sign on the door of the lavatory or
toilet room so provided.
2. Any person, firm, association or corporation violating the
provisions of this section shall be guilty of a misdemeanor.
3. In conjunction with peace officers, the Labor Commissioner
shall investigate and report to the proper officer any violation of this
section.
4. This section shall not apply to:
(a) Persons, firms, associations or corporations located in office
buildings where there are lavatories or toilet rooms for each sex
reasonably accessible within the building.
(b) Persons employing servants or other domestics in their homes or
residences.
[1:49:1925; NCL § 2812] + [2:49:1925; NCL § 2813] + [3:49:1925; NCL
§ 2814] + [4:49:1925; NCL § 2815]—(NRS A 1967, 637)—(Substituted in
revision for NRS 618.320)
CERTAIN OCCUPATIONS
Control of Asbestos
As used in NRS 618.750 to 618.850 ,
inclusive, unless the context otherwise requires:
1. “Asbestos” means asbestiform varieties of:
(a) Chrysotile (serpentine);
(b) Crocidolite (riebeckite);
(c) Amosite (cummingtonite-grunerite);
(d) Anthophyllite;
(e) Tremolite; or
(f) Actinolite.
2. “Control of asbestos” means:
(a) The encapsulation, enclosure or removal of asbestos or material
containing asbestos from a building or structure, including any
associated mechanical systems, whether inside or outside the building or
structure;
(b) The abatement of the danger posed to human beings by the
presence of asbestos or material containing asbestos in a building or
structure, including any associated mechanical systems, whether inside or
outside the building or structure;
(c) The repair, renovation or demolition of a building or structure
containing asbestos or materials containing asbestos; or
(d) Any activity connected with that encapsulation, enclosure,
removal, abatement, repair, renovation or demolition.
3. “Occupation” means a specific discipline involved in a project
for the control of asbestos, including those tasks performed respectively
by an inspector, management planner, consultant, project designer,
contractor, supervisor or worker engaged in the control of asbestos.
4. “Worker” means any person actually engaged in work directly
related to asbestos on a project for the control of asbestos who is not
required to be licensed in any other occupation.
(Added to NRS by 1989, 1275; A 1997, 2106)
NRS 618.750
to 618.850 , inclusive, does not apply
to:
1. The control of asbestos by a person in his own residence.
2. A person employed by a public utility which supplies
electricity when performing emergency activities which include, but are
not limited to:
(a) The removal of insulation containing asbestos on pipes;
(b) The removal of small quantities of insulation containing
asbestos on beams or above ceilings;
(c) The replacement of a gasket containing asbestos on a valve;
(d) The installation or removal of a small section of drywall; and
(e) The installation of electrical conduits running through or
proximate to materials containing asbestos,
Ê if the person is trained by and works under the direction of a person
who is capable of identifying existing hazards in a workplace which are
related to asbestos, tremolite, anthophyllite or actinolite, and is
authorized to take prompt corrective measures to eliminate them as set
forth in 29 C.F.R. § 1926.32(f) on June 28, 1989.
(Added to NRS by 1989, 1276)
The Division may
adopt such regulations as are necessary to carry out the provisions of
NRS 618.750 to 618.850 , inclusive.
(Added to NRS by 1989, 1280; A 1993, 1886)
1. Not later than 60 days after June 28, 1989, the Division shall
adopt regulations establishing standards and procedures for the licensure
of each occupation which are at least as stringent as those contained in
the Model Contractor Accreditation Plan for States set out in Appendix C
of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations,
as it existed on January 1, 1989. The regulations must include standards
for:
(a) Courses which provide initial training;
(b) Courses which provide a review of the initial training;
(c) Examinations;
(d) Qualifications;
(e) Renewal of licensure; and
(f) Revocation of licensure.
2. After consultation with the Health Division of the Department
of Health and Human Services, the Division of Environmental Protection of
the State Department of Conservation and Natural Resources and the county
air pollution control agencies designated pursuant to NRS 445B.500 , the Division shall adopt standards for:
(a) Projects for the control of asbestos;
(b) Specifying the amount of asbestos within a material which must
be present to qualify the material as a “material containing asbestos”
for the purposes of NRS 618.750 to
618.850 , inclusive;
(c) Laboratories which analyze building materials for the presence
of asbestos;
(d) Laboratories which collect or analyze air samples for those
projects; and
(e) The assessment of the exposure of occupants of a building at
the completion of a project for the control of asbestos.
3. The Division shall by regulation adopt a standard for the
assessment of the exposure of the occupants of a building to airborne
asbestos. The standard:
(a) Must be set according to a time-weighted average concentration
of asbestos fibers in the air, measured under normal occupancy
conditions; and
(b) Must be at least as stringent as the corresponding federal
standard, if one has been adopted.
4. The standard adopted pursuant to subsection 3 may be used:
(a) To assess the need to respond to the presence of asbestos in a
building; or
(b) To determine which buildings or structures are most in need of
such response.
Ê The standard does not require the monitoring of the air of any building
or structure, or create a duty for the Division to inspect any building
or structure, except in connection with the enforcement of this chapter.
(Added to NRS by 1989, 1276; A 1993, 1886)
1. The costs of carrying out the provisions of NRS 618.750 to 618.850 ,
inclusive, must be paid from assessments payable by each insurer based
upon expected annual expenditures for claims. The Division shall adopt
regulations which establish formulas of assessment which result in an
equitable distribution of costs among the insurers.
2. In addition, the Division shall by regulation establish a
schedule of fees designed to recover revenue to defray the costs of
carrying out the provisions of NRS 618.750 to 618.850 ,
inclusive. The Division may collect fees for applications, the issuance
and renewal of licenses, examinations, the review and approval of
training courses, job notifications and inspections, recordkeeping, and
any other activity of the Division related to the provisions of NRS
618.750 to 618.850 , inclusive. The fee for the issuance or
renewal of a license must not exceed $200.
3. Any fees collected pursuant to this section must be used to
offset the assessments established pursuant to subsection 1.
4. As used in this section, “insurer” has the meaning ascribed to
it in NRS 232.550 .
(Added to NRS by 1989, 1278; A 1993, 1887)
The
State Environmental Commission shall adopt regulations for the disposal
of asbestos and material containing asbestos.
(Added to NRS by 1989, 1280)
All asbestos and material containing asbestos removed from a building
during a project to control asbestos must be disposed of in accordance
with the regulations adopted by the State Environmental Commission for
the disposal of asbestos and material containing asbestos.
(Added to NRS by 1989, 1280)
Nothing in NRS 618.750 to 618.850
, inclusive, including standards adopted
pursuant thereto, may be used as evidence:
1. To deny liability in an action seeking damages for disease as a
result of exposure to asbestos in a building or structure; or
2. To deny a claim for compensation pursuant to chapters 616A to
616D, inclusive, or 617 of NRS relating to exposure to asbestos.
(Added to NRS by 1989, 1277)
A person shall not engage in a
project for the control of asbestos unless he holds a valid license
issued by the Division.
(Added to NRS by 1989, 1277; A 1993, 1887)
1. The Division shall issue licenses to qualified applicants in
each occupation.
2. The Division may adopt regulations to include within the
definition of “occupation” any discipline deemed necessary, including
that of instructor in the control of asbestos.
(Added to NRS by 1989, 1277; A 1993, 1887)
A person applying for a license in an occupation must:
1. Submit an application on a form prescribed and furnished by the
Division, accompanied by a fee prescribed by the Division;
2. Successfully complete a course of training in the control of
asbestos approved or administered by the Division for that occupation;
3. Pass an examination approved or administered by the Division
for that occupation;
4. If he is a contractor, present proof satisfactory to the
Division that he is insured to the extent determined necessary by the
Administrator for the appropriate activities for the control of asbestos
permitted under the requested license, for the effective period of the
license; and
5. Meet any additional requirement established by the Division.
(Added to NRS by 1989, 1277; A 1993, 1887)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a license in an
occupation shall submit to the Division the statement prescribed by the
Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Division.
3. A license in an occupation may not be issued or renewed by the
Division if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2105)
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] An application for the issuance of a license in an
occupation must include the social security number of the applicant.
(Added to NRS by 1997, 2106)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. To renew a license, a person must, on or before January 1 of
each year:
(a) Apply to the Division for renewal;
(b) Submit the statement required pursuant to NRS 618.801 ;
(c) Pay the annual fee for renewal set by the Division; and
(d) Submit evidence satisfactory to the Division of his completion
of the requirements for continuing education or training established by
the Division, if any.
2. The Division may adopt regulations requiring continuing
education or training of the licensees in any occupation and, as a
prerequisite to the renewal or restoration of a license, require each
licensee to comply with those requirements.
(Added to NRS by 1989, 1278; A 1993, 1888; 1997, 2107)
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. To renew a license a person must, on or before January 1 of
each year:
(a) Apply to the Division for renewal;
(b) Pay the annual fee for renewal set by the Division; and
(c) Submit evidence satisfactory to the Division of his completion
of the requirements for continuing education or training established by
the Division, if any.
2. The Division may adopt regulations requiring continuing
education or training of the licensees in any occupation and, as a
prerequisite to the renewal or restoration of a license, require each
licensee to comply with those requirements.
(Added to NRS by 1989, 1278; A 1993, 1888; 1997, 2107, effective on
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
The Division shall not issue a license
as a contractor for projects for the control of asbestos on the basis of
a person’s status under chapter 624 of NRS as a qualified employee.
(Added to NRS by 1989, 1278; A 1993, 1888)
The Division may issue a license in an
occupation to an applicant who holds a valid license in that occupation
issued to him by the District of Columbia or any state or territory of
the United States, or who has met the requirements for that occupation
set by the Environmental Protection Agency pursuant to the Asbestos
Hazard Emergency Response Act, if:
1. The legal requirements of that district, state or territory for
licensure in that occupation were, at the time of issuance of the
license, at least equivalent to those of this State.
2. The applicant passes an examination, if required by the Board.
3. The applicant furnishes to the Board such other proof of his
qualifications as the Board requires.
(Added to NRS by 1989, 1278; A 1993, 1888)
A person
licensed as a contractor for projects for the control of asbestos shall:
1. If a laboratory is used for any aspect of collecting or
analyzing air samples for a project, use only a laboratory which meets
the standards adopted by the Division.
2. If a commercial laboratory is used for any aspect of collecting
or analyzing air samples for a project, use only a laboratory in which
the contractor or owner of the building or structure has no financial
interest, unless the Division by regulation provides otherwise.
3. Comply with the standards adopted by the Division for projects.
4. Unless specifically exempted by the Division, refrain from
providing any of the services of an inspector, management planner,
consultant or project designer on a project.
(Added to NRS by 1989, 1279; A 1993, 1888)
A person licensed as a contractor for projects for the
control of asbestos shall not employ to engage in activities directly
related to asbestos on his projects a person who is not licensed pursuant
to NRS 618.795 .
(Added to NRS by 1989, 1279)
The Division or a person
authorized by the Division shall inspect annually at least one project
for the control of asbestos conducted by each contractor licensed
pursuant to NRS 618.795 . The contractor
shall, upon request of the Division or a person authorized by the
Division, allow the inspection of all property, activities and facilities
at the project and all related documents and records.
(Added to NRS by 1989, 1280; A 1993, 1889)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license in an occupation, the Division shall deem the license issued
to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Division receives a letter
issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate a license in an occupation that
has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2106)
1. If the Division finds that a person, other than a worker, has
violated any of the provisions of NRS 618.780 , 618.790 ,
618.820 or 618.825 , or the standards or regulations adopted
pursuant to NRS 618.750 to 618.850
, inclusive, it may:
(a) Upon the first violation, impose upon him an administrative
fine of not more than $15,000.
(b) Upon the second and subsequent violations:
(1) Impose upon him an administrative fine of not more than
$25,000; and
(2) If he is licensed pursuant to NRS 618.795 , revoke his license and require him to fulfill
certain training or educational requirements to have his license
reinstated.
Ê Any penalty imposed pursuant to this section does not relieve the
person from criminal prosecution for engaging in the control of asbestos
without a license, nor from the imposition of a penalty pursuant to NRS
445B.640 .
2. If the license of a contractor for projects for the control of
asbestos is revoked pursuant to this section and the owner of a building
or structure upon which the contractor is engaged in a project employs
another licensed contractor to complete the project, the original
contractor may not bring an action against the owner of the building or
structure for breach of contract or damages based on the employment of
another contractor.
(Added to NRS by 1989, 1279; A 1993, 1889; 1995, 1645)
1. Except as otherwise provided in subsection 2, if the Division
intends to revoke a person’s license, it shall first notify him by
certified mail. The notice must contain a statement of the Division’s
legal authority, jurisdiction and reasons for the proposed action.
2. If the Division finds that protection of the public health
requires immediate action, it may order a summary suspension of a license
pending proceedings for revocation.
3. A person is entitled to a hearing to contest the summary
suspension or proposed revocation of his license. A request for such a
hearing must be made pursuant to regulations adopted by the Division.
4. Upon receiving a request for a hearing to contest a summary
suspension, the Division shall hold a hearing within 10 days after the
date of the receipt of the request.
(Added to NRS by 1989, 1279; A 1993, 1889)
The Division may maintain in any
court of competent jurisdiction a suit for an injunction against any
person engaged in the control of asbestos in violation of the provisions
of NRS 618.780 , 618.790 , 618.820 or
618.825 , or the standards or
regulations adopted by the division pursuant to NRS 618.750 to 618.850 ,
inclusive. An injunction:
1. May be issued without proof of actual damage sustained by any
person, this provision being a preventive as well as a punitive measure.
2. Does not relieve the person from criminal liability for
engaging in the control of asbestos without a license.
(Added to NRS by 1989, 1280; A 1993, 1889)
Any person who
engages in the control of asbestos without a license issued by the
Division is guilty of a misdemeanor.
(Added to NRS by 1989, 1280; A 1993, 1890)
Operation of Cranes
[Effective through December 31, 2006.] The Division shall adopt
regulations establishing standards and procedures for the operation of
cranes, including, without limitation, regulations requiring the:
1. Establishment and implementation of site safety plans and
procedures for the erection and dismantling of tower cranes;
2. Establishment of a clear zone around the erection, dismantling
or other highly hazardous lifts with a crane;
3. Annual certification of the mechanical lifting parts of the
crane;
4. Certification of tower cranes each time a tower crane is
erected and additional annual certifications of tower cranes while they
continue to be in use; and
5. Establishment and implementation of programs for the training
and certification of crane operators.
(Added to NRS by 1995, 1889)
[Effective January 1, 2007.]
1. The Division shall adopt regulations establishing standards and
procedures for the operation of cranes, including, without limitation,
regulations requiring the:
(a) Establishment and implementation of site safety plans and
procedures for the erection and dismantling of tower cranes;
(b) Establishment of a clear zone around the erection, dismantling
or other highly hazardous lifts with a crane;
(c) Annual certification of the mechanical lifting parts of the
crane; and
(d) Certification of tower cranes each time a tower crane is
erected and additional annual certifications of tower cranes while they
continue to be in use.
2. Except as otherwise provided in subsection 3:
(a) The Division shall adopt regulations requiring the
establishment and implementation of programs for the certification of all
persons who operate:
(1) Tower cranes; or
(2) Mobile cranes having a usable boom length of 25 feet or
greater or a maximum machine rated capacity of 15,000 pounds or greater.
(b) A person shall not operate a tower crane or a mobile crane
described in subparagraph (2) of paragraph (a) unless the person holds
certification as a crane operator issued pursuant to this subsection for
the type of crane being operated.
(c) An applicant for certification as a crane operator must hold a
certificate which:
(1) Is issued by an organization whose program of
certification for crane operators:
(I) Is accredited by the National Commission for
Certifying Agencies or an equivalent accrediting body approved by the
Division; or
(II) Meets other criteria established by the Division;
and
(2) Certifies that the person has met the standards to be a
crane operator established by the American Society of Mechanical
Engineers in its standards B30.3, B30.4 or B30.5 as adopted by regulation
of the Division.
3. The provisions of subsection 2 do not apply to a person who:
(a) Is an employee of a utility while the person is engaged in work
for or at the direction of the utility;
(b) Operates an electric or utility line truck that is regulated
pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V; or
(c) Operates an aerial or lifting device, whether or not
self-propelled, that is designed and manufactured with the specific
purpose of lifting one or more persons in a bucket or basket or on a
ladder or platform and holding those persons in the lifted position while
they perform tasks. Such devices include, without limitation:
(1) A bucket truck or lift;
(2) An aerial platform;
(3) A platform lift; or
(4) A scissors lift.
4. As used in this section, “utility” means any public or private
utility, whether or not the utility is subject to regulation by the
Public Utilities Commission of Nevada, that provides, at wholesale or
retail:
(a) Electric service;
(b) Gas service;
(c) Water or sewer service;
(d) Telecommunication service, including, without limitation, local
exchange service, long distance service and personal wireless service; or
(e) Television service, including, without limitation, community
antenna television service.
(Added to NRS by 1995, 1889; A 2005, 933 , effective January 1, 2007)
[Expires by limitation on the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for the issuance or renewal of certification as a
crane operator pursuant to NRS 618.880
shall submit with his application the statement prescribed by the
Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certification; or
(b) A separate form prescribed by the Division.
3. Certification as a crane operator may not be issued or renewed
pursuant to NRS 618.880 if the
applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the person to whom
the application was submitted shall advise the applicant to contact the
district attorney or other public agency enforcing the order to determine
the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2104)
[Expires by limitation
on the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] An application for the issuance
of certification as a crane operator pursuant to NRS 618.880 must include the social security number of the
applicant.
(Added to NRS by 1997, 2105)
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been
certified as a crane operator pursuant to NRS 618.880 , the Division shall deem the certification
issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Division receives
a letter issued by the district attorney or other public agency pursuant
to NRS 425.550 to the person who has
been issued the certification stating that the person has complied with
the subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
2. The Division shall reinstate a certification as a crane
operator issued pursuant to NRS 618.880
that has been suspended by a district court pursuant to NRS 425.540
if the Division receives a letter
issued by the district attorney or other public agency pursuant to NRS
425.550 to the person whose
certification was suspended stating that the person whose certification
was suspended has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2105)
Manufacture and Use of Explosives
1. The Division shall adopt regulations establishing standards and
procedures for places of employment where explosives are manufactured, or
where an explosive is used, processed, handled, moved on site or stored
in relation to its manufacture, including, without limitation,
regulations requiring the:
(a) Establishment and implementation of safety plans and procedures;
(b) Establishment of safety zones at or around such places of
employment;
(c) Annual certification of such places of employment;
(d) Annual certification of trainers, production managers,
supervisors and other persons designated by an employer to provide an
annual training and testing program for employees; and
(e) Establishment and implementation of programs for the annual
training and testing of employees who are engaged in the manufacture of
an explosive, or the use, processing, handling, on-site movement or
storage of an explosive that is related to its manufacture, that will be
conducted by a trainer, production manager, supervisor or any other
person certified pursuant to paragraph (d).
2. If the standards and procedures adopted pursuant to this
section conflict with any ordinances of a local governing body regulating
explosives, the more stringent standard applies.
3. Except as otherwise provided in subsection 2, compliance with
an ordinance of a local governing body regulating explosives does not
excuse any person from complying with the standards and procedures
adopted by the Division pursuant to this section.
4. Each employer engaged in the manufacture of explosives shall
provide to each of his employees, who in the course of their employment
are directly involved in the manufacture of explosives, or the handling
of an explosive or any hazardous component thereof, an annual training
and testing program that has been approved by the Division in accordance
with subsection 1. The annual training must be conducted by a trainer,
production manager, supervisor or other person certified by the Division
to provide such training. An employer shall not allow an employee to
engage in employment that requires the employee to be directly involved
in the manufacture of explosives, or the handling of an explosive or any
hazardous component thereof, until the employee has completed the
applicable training and testing program required pursuant to this
subsection. Any violation of this subsection by an employer constitutes a
serious violation which is subject to the provisions of NRS 618.645
.
5. Notwithstanding any provision of this section to the contrary,
the provisions of this section do not apply to the mining industry.
6. Except as otherwise provided in subsection 7, as used in this
section, “explosive” means gunpowders, powders used for blasting, all
forms of high explosives, blasting materials, fuses other than electric
circuit breakers, detonators and other detonating agents, smokeless
powders, other explosive or incendiary devices and any chemical compound,
mechanical mixture or device that contains any oxidizing and combustible
units, or other ingredients, in such proportions, quantities or packing
that ignition by fire, friction, concussion, percussion, or detonation of
the compound, mixture or device or any part thereof may cause an
explosion.
7. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches, and friction primers that are intended to
be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18
U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the
definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as
that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a
military department of the United States, or that is distributed to, or
possessed or stored by, the military or naval service or any other agency
of the United States, or an arsenal, a navy yard, a depot or any other
establishment owned by or operated on behalf of the United States.
(Added to NRS by 1999, 1853 )
[Expires by limitation on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. An applicant for the issuance or renewal of certification as a
trainer, production manager, supervisor or other person designated by an
employer to provide annual training and testing programs to employees
pursuant to NRS 618.890 shall submit
with his application the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certification; or
(b) A separate form prescribed by the Division.
3. Certification as a trainer, production manager, supervisor or
other person designated by an employer to provide annual training and
testing programs to employees pursuant to NRS 618.890 may not be issued or renewed pursuant to NRS
618.890 if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the person to whom
the application was submitted shall advise the applicant to contact the
district attorney or other public agency enforcing the order to determine
the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1999, 1855 )
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.] An application for the
issuance of certification as a trainer, production manager, supervisor or
other person designated by an employer to provide annual training and
testing programs to employees pursuant to NRS 618.890 must include the social security number of the
applicant.
(Added to NRS by 1999, 1855 )
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been
certified as a trainer, production manager, supervisor or other person
designated by an employer to provide annual training and testing programs
to employees pursuant to NRS 618.890 ,
the Division shall deem the certification issued to that person to be
suspended at the end of the 30th day after the date on which the court
order was issued unless the Division receives a letter issued by the
district attorney or other public agency pursuant to NRS 425.550 to the person who has been issued the
certification stating that the person has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate the certification of a trainer,
production manager, supervisor or other person designated by an employer
to provide annual training and testing programs to employees pursuant to
NRS 618.890 that has been suspended by
a district court pursuant to NRS 425.540 if the Division receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose certification was
suspended stating that the person whose certification was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1999, 1855 )
1. No owner or operator of a place of employment may commence the
construction of, substantially alter the construction of, or modify any
major process used to protect the lives, safety and health of employees
at a place of employment where an explosive is manufactured, or used,
processed, handled, moved on site or stored in relation to its
manufacture, unless he first obtains a permit therefor from the Division.
Before issuing any permit, the Division shall consult with the Division
of Environmental Protection of the State Department of Conservation and
Natural Resources.
2. An application for such a permit must be submitted on a form
prescribed by the Division.
3. The Division may require the applicant to comply with
requirements that it establishes by regulation before issuing such a
permit.
4. The Division may charge and collect a fee for the issuance of
such a permit.
5. The Division shall adopt such regulations as are necessary to
carry out the provisions of this section.
6. Notwithstanding any provision of this section to the contrary,
the provisions of this section do not apply to the mining industry.
7. Except as otherwise provided in subsection 8, as used in this
section, “explosive” means gunpowders, powders used for blasting, all
forms of high explosives, blasting materials, fuses other than electric
circuit breakers, detonators and other detonating agents, smokeless
powders, other explosive or incendiary devises and any chemical compound,
mechanical mixture or device that contains any oxidizing and combustible
units, or other ingredients, in such proportions, quantities or packing
that ignition by fire, friction, concussion, percussion, or detonation of
the compound, mixture or device or any part thereof may cause an
explosion.
8. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that do
not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches, and friction primers that are intended to
be used solely for sporting, recreation or cultural purposes:
(1) In an antique firearm, as that term is defined in 18
U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the
definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as
that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a
military department of the United States, or that is distributed to, or
possessed or stored by, the military or naval service or any other agency
of the United States, or an arsenal, a navy yard, a depot or any other
establishment owned by or operated on behalf of the United States.
(Added to NRS by 1999, 2010 )
If any person violates the
provisions of NRS 618.898 , the Division
may:
1. Maintain an action in a court of competent jurisdiction for
injunctive or any other appropriate relief to prohibit and prevent the
violation. The court may proceed in the action in a summary manner.
2. Unless a greater penalty is provided in this chapter, require
the violator to pay an administrative fine of not more than $25,000.
(Added to NRS by 1999, 2011 )
Photovoltaic System Projects
[Effective July 1, 2006.] As used in NRS
618.910 to 618.936 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 618.912 , 618.914 and
618.916 have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 22nd Special Session, 72 , effective July 1, 2006)
[Effective July 1,
2006.] “Photovoltaic installer” means a person directly engaged with the
electrical connection and wiring of a photovoltaic system project in a
capacity other than as an inspector, management planner, consultant,
project designer, contractor or supervisor for the photovoltaic system
project.
(Added to NRS by 2005, 22nd Special Session, 72 , effective July 1, 2006)
[Effective July 1,
2006.] “Photovoltaic system” means a facility or energy system for the
generation of electricity that uses photovoltaic cells and solar energy
to generate electricity.
(Added to NRS by 2005, 22nd Special Session, 72 , effective July 1, 2006)
[Effective July
1, 2006.]
1. “Photovoltaic system project” means a project related to:
(a) The installation of a photovoltaic system; or
(b) The maintenance of a photovoltaic system.
2. The term does not include the installation or maintenance of a
photovoltaic system before January 1, 2007.
(Added to NRS by 2005, 22nd Special Session, 72 , effective July 1, 2006)
[Effective July 1, 2006.]
The Division may adopt such regulations as are necessary to carry out
the provisions of NRS 618.910 to
618.936 , inclusive.
(Added to NRS by 2005, 22nd Special Session, 73 , effective July 1, 2006)
[Effective July 1, 2006.] The Division shall issue a license to each
qualified applicant for licensure as a photovoltaic installer.
(Added to NRS by 2005, 22nd Special Session, 73 , effective July 1, 2006)
[Effective July 1, 2006.] A person applying for a license as a
photovoltaic installer must:
1. Submit an application on a form prescribed and furnished by the
Division;
2. Pay all required fees established by the Division by regulation;
3. Pass an examination approved or administered by the Division
for licensure as a photovoltaic installer;
4. If the person is a contractor, provide proof to the Division
that the person has been issued a license of the appropriate
classification by the State Contractors’ Board pursuant to chapter 624 of
NRS; and
5. Meet any additional requirements established by the Division.
(Added to NRS by 2005, 22nd Special Session, 73 , effective July 1, 2006)
[Effective July 1, 2006, and expires by limitation on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. In addition to any other requirements set forth in NRS 618.910
to 618.936 , inclusive, an applicant for the issuance or
renewal of a license as a photovoltaic installer shall submit to the
Division:
(a) The statement prescribed by the Welfare Division of the
Department of Human Resources pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
(b) The social security number of the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of a license; or
(b) A separate form prescribed by the Division.
3. A license as a photovoltaic installer may not be issued or
renewed by the Division if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 2005, 22nd Special Session, 73 , effective July 1, 2006)
[Effective July 1, 2006.]
1. A license as a photovoltaic installer expires 1 year after the
date on which the license is issued. To renew a license as a photovoltaic
installer, a person must, on or before the date on which the license
expires:
(a) Apply to the Division for renewal;
(b) Pay the annual fee for renewal established by the Division by
regulation; and
(c) Submit evidence satisfactory to the Division that the person
has completed the requirements for continuing education or training
established by the Division, if any.
2. The Division may adopt regulations establishing requirements
for continuing education or training that a person must complete in order
for the person to renew a license as a photovoltaic installer.
(Added to NRS by 2005, 22nd Special Session, 73 , effective July 1, 2006)
[Effective July 1, 2006, and expires by limitation on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license as a photovoltaic installer, the Division shall deem the
license issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued, unless the Division
receives a letter issued to the holder of the certificate by the district
attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant, or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Division shall reinstate a license that has been suspended
by a district court pursuant to NRS 425.540 if the Division receives a letter issued by
the district attorney or other public agency pursuant to NRS 425.550
to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 2005, 22nd Special Session, 74 , effective July 1, 2006)
[Effective July 1, 2006.]
1. In addition to any other remedy or penalty, if the Division
finds that a person has violated any provision of NRS 618.910 to 618.936 ,
inclusive, or the standards or regulations adopted pursuant thereto, the
Division may:
(a) Upon the first violation, impose upon the person an
administrative fine of not more than $1,500.
(b) Upon the second violation or a subsequent violation:
(1) Impose upon the person an administrative fine of not
more than $2,500; and
(2) If the person is licensed pursuant to NRS 618.910 to 618.936 ,
inclusive, suspend or revoke his license and require the person to
fulfill certain training or educational requirements to have his license
reinstated.
2. Any penalty imposed pursuant to subsection 1 does not relieve
the person from criminal prosecution for acting as a photovoltaic
installer without a license.
3. If the license of a photovoltaic installer is suspended or
revoked pursuant to subsection 1 and the owner of a building or structure
who has contracted with the photovoltaic installer for a photovoltaic
system project contracts with another licensed photovoltaic installer to
complete the project, the original photovoltaic installer may not bring
an action against the owner of the building or structure for breach of
contract or damages based on the contract with the other licensed
photovoltaic installer.
(Added to NRS by 2005, 22nd Special Session, 74 , effective July 1, 2006)
[Effective July 1, 2006.]
1. If the Division intends to suspend or revoke a person’s
license, the Division shall first notify the person by certified mail.
The notice must contain a statement of the Division’s legal authority,
jurisdiction and reasons for the proposed action.
2. A person is entitled to a hearing to contest the proposed
suspension or revocation of his license. A request for such a hearing
must be made pursuant to regulations adopted by the Division.
3. Upon receiving a request for a hearing to contest a proposed
suspension or revocation, the Division shall hold a hearing within 10
days after the date of the receipt of the request.
(Added to NRS by 2005, 22nd Special Session, 74 , effective July 1, 2006)
[Effective July 1, 2006.] The
Division may maintain in a court of competent jurisdiction a suit for an
injunction against any person who acts as a photovoltaic installer in
violation of any provision of NRS 618.910 to 618.936 ,
inclusive, or the standards or regulations adopted pursuant thereto. An
injunction:
1. May be issued without proof of actual damage sustained by any
person.
2. Does not relieve the person from criminal liability for acting
as a photovoltaic installer without a license.
(Added to NRS by 2005, 22nd Special Session, 75 , effective July 1, 2006)
[Effective July 1, 2006.]
1. Except as otherwise provided in subsection 2, a person shall
not:
(a) Act as a photovoltaic installer for a photovoltaic system
project unless the person holds a license as a photovoltaic installer
issued by the Division; or
(b) Employ or contract with another person to act as a photovoltaic
installer for a photovoltaic system project unless the other person holds
a license as a photovoltaic installer issued by the Division.
2. A person is not required to obtain a license from the Division
to install or maintain a photovoltaic system project on property that the
person owns and occupies as a residence.
3. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 2005, 22nd Special Session, 75 , effective July 1, 2006)
