Las Vegas, NV July 09, 2020
The Division
of Industrial Relations (DIR) Occupational Safety and Health Administration
(OSHA) has begun conducting follow up visits to business establishments that
were previously found to be in noncompliance with the face covering
requirement, social distancing and other measures to protect the safety and
health of Nevada’s workforce. During initial field observations by officials,
businesses that were not following the directive were provided a notice
requesting voluntary compliance.
During the
period of July 6 through 8, Nevada OSHA officials conducted 56 follow up visits
and found 50 of those businesses have taken the appropriate measures to come in
compliance, a compliance rate of 89 percent.
At the
businesses where continued violations were observed, an investigation process
will be initiated by OSHA officials. Pending the outcome of the investigation,
confirmed noncompliance will result in the issuance of a notice of citation and
penalty outlining the alleged violations and requiring the businesses to take
corrective action to come into compliance.
In addition,
at the time the investigation is initiated, the business will be provided a
written notice and informed that if ongoing noncompliance is observed the
Administrator, under an emergency declaration, is authorized to order the
business to cease operations at that location until the business has
established and implemented operating procedures to comply.
Penalties are
assessed based on how the violation is categorized and which reduction factors
are applied. If a business has demonstrated willful indifference to the
health and safety of their employees, the violation is categorized as willful
and a penalty of up to $134,940 per violation can be assessed. A classification
of serious can also be applied, resulting in a penalty of up to $13,494 per violation.
Factors that can automatically reduce the assessed penalty amount include, but
are not limited to the employer’s OSHA history, the size of the business, and
the gravity of the violation.
Details of
open and ongoing investigations are confidential under NRS 618.341(3). Once the
investigation is formally closed, details concerning the citations issued,
including business names and locations can be released.
In addition to
conducting follow up visits, DIR officials have continued to conduct initial
observations at businesses statewide. On July 7 and 8, 474 observations were
conducted. During this observation period, 86 percent of businesses were found
to be in compliance, with 85 percent compliance in northern Nevada and 87
percent compliance in southern Nevada. Surveyed establishments included:
convenience stores, pharmacies, general retail, grocery stores, restaurants,
autos sales/repair and clothing stores.
Since the
initial observations began, 1,564 initial observations have been conducted
showing a cumulative statewide compliance rate of 79 percent statewide, 85
percent compliance in northern Nevada and 72 percent compliance in southern
Nevada.
About
the Division of Industrial Relations:
The
Nevada Division of Industrial Relations (DIR) is the principal regulatory
agency responsible for workplace safety and worker protections in the state of
Nevada. Comprised of five sections –Occupational Safety and Health
Administration, Workers’ Compensation Section, Mechanical Compliance Section,
Mine Safety and Training Section, and the Safety Consultation and Training
Section – DIR works to protect Nevada’s working men and women and provides a
broad scope of training and support to the regulated community. For more
information please visit http://dir.nv.gov.
About
Nevada OSHA:
Nevada
OSHA operates as an approved state program as defined by section 18 of the
Occupational Safety and Health Act of 1970 and is required by the Act to
operate in a manner that is at least as effective as the federal OSHA
enforcement program. Operating out of district offices in Las Vegas and
Reno, Nevada OSHA conducts inspections and investigations intended to identify
hazardous conditions which could harm Nevada’s workers and enforces state and
federal laws protecting the state’s workers. From July 2018 to June 2019,
Nevada OSHA conducted over 1,060 inspections, issuing an average of 1.4 serious
violations per inspection. The Nevada State Plan, at the time of publication of
this media release, is funded by a grant of $1,486,600 federal funds, which constitutes
50 percent of the State Plan budget. Fifty percent, or $1,486,600 of the State
Plan budget, is financed through non-governmental sources. For more information
visit http://dir.nv.gov/OSHA/home.
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