Nevada OSHA issues one citation, conducts observations for compliance during week of December 7

Las Vegas, NV December 14, 2020

One citation for violation of required COVID-19 workplace health and safety measures was issued last week by the Division of Industrial Relations’ Nevada Occupational Safety and Health Administration (OSHA). Agency officials monitor and enforce compliance through in-field observations and through investigations opened in response to complaints and referrals filed with OSHA.

Trinity Pharmacy- 2797 South Maryland Parkway, Suite #28, Las Vegas, NV 89109; Inspection #:1504602; Penalty: $2,892; Violation summary: Face coverings not being worn by employees working within the pharmacy

The citation was issued after officials observed noncompliance with one or more requirements of general and industry-specific guidance and directives. A formal investigation was opened with the employer during which time the violations were substantiated and a notice of citation of penalty was issued.

Nevada OSHA has issued a total of 191 notices of citation and penalty related to violations of required COVID-19 health and safety measures in effect since mid-March. The citations have been issued as a result of both the employer observation process as well as through the investigation of employee complaints or public referrals.

Observation Findings: Initial

Since observations began in late-June to determine compliance with mandated health and safety measures under the Governor’s Declaration of Emergency Directive 024 and Nevada OSHA’s Guidance for Roadmap to Recovery, DIR officials have conducted 10,548 initial visits at business establishments finding a cumulative 90 percent statewide compliance rate, a 91 percent compliance rate in northern Nevada and 88 percent compliance in southern Nevada.

During the week beginning December 7, officials conducted 127 initial visits finding a 96 percent compliance rate statewide, 100 percent in the north, and 83 percent compliance in the south.

Observation Findings: Follow Up

Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 2,429 follow up visits finding a 96 percent statewide compliance rate with a 98 percent compliance rate in northern Nevada, and 93 percent in the south.

During the week beginning December 7, officials conducted 59 follow up visits finding 100 percent statewide compliance.

Complaint Data

In addition to the field observation process, Nevada OSHA responds to complaints from employees and referrals from the public regarding face coverings, social distancing, cleaning and disinfection, and other areas of concern related to COVID-19 received by their offices.

Additional complaint data is available on the Division’s observation and complaint data dashboard.  A link to the dashboard can be found on the homepage of the Division’s website https://dir.nv.gov.

Workplace health and safety complaints can be reported to the Division by filing an online complaint at https://www.osha.gov/pls/osha7/eComplaintForm.html.

Important Information for Employers

The Division has been notified of several instances where individuals, posing as OSHA compliance officers, have approached businesses throughout the state. OSHA officials are required to present credentials when making contact with management representatives, employees (to conduct interviews), or organized labor representatives. More information is provided in an alert issued on December 11 and posted at https://business.nv.gov/News_Media/Press_Releases/2020/Industrial_Relations_COVID-19/Division_of_Industrial_Relations_Alert__Individuals_Unlawfully_Impersonating_Nevada_OSHA_Officials/.

In response to the November 25 Declaration of Emergency Directive #035 which reduced occupancy limits on specific businesses and imposed an occupancy signage requirement, Nevada OSHA published Updated Guidance for Business Operations During Nevada’s “Statewide Pause.” On December 13, Governor Sisolak announced that the provisions of Emergency Directive #035 would remain in effect through January 15. Nevada OSHA will continue to enforce the provisions outlined in the updated guidance which can be found online at https://dir.nv.gov.

The Division’s Safety Consultation and Training Section (SCATS) also offers free consultations to businesses to help them understand and implement the requirements in order to comply with the health and safety guidance and directives for all businesses, and specific requirements for each industry. SCATS can be reached by calling 1-877-4SAFENV.   

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. The Nevada State Plan, at the time of publication of this media release, is funded by a grant of $1,602,700 federal funds, which is matched by $1,602,700 in state funding. An additional $6,182,619 in state funds are used to support Nevada OSHA. The total program budget is $9,388,019.  For more information visit http://dir.nv.gov/OSHA/home.

 

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