Las Vegas, NV September 21, 2020
the Division of Industrial Relations (DIR) announces that violations of
required workplace health and safety measures has resulted in Nevada Occupational
Safety and Health Administration (OSHA) issuing notices of citation and penalty
to the following businesses last week (September 14 through September
Stead Food and Liquor
13200 Stead Blvd., Reno
Employee was not wearing a face covering
Gilley's Saloon (referral)
3300 S. Las Vegas Blvd., Las Vegas
Bar top was not closed as required, customers were actively
consuming food and beverages at the bar
Viva El Taco Mexican Food (referral)
6775 E. Lake Mead Blvd., Suite B-2, Las Vegas
Employees were wearing face coverings below the nose
Food and Liquor citation was issued after officials observed noncompliance with
one or more requirements of general and industry-specific guidance and
directives during both an initial observation and a follow up visit by division
officials. The employer was provided a notice and a request for compliance
during the first visit. Upon observation of ongoing noncompliance during a
follow up visit, a formal investigation was opened with the employer.
Citations were issued to Gilley’s Saloon and Viva El Taco Mexican
Food after an investigation was initiated as a result of a referral filed with
Nevada OSHA alleging workplace safety hazards.
Nevada OSHA has issued 39 citations since the face covering mandate
went into effect and the compliance observation process began.
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
8,148 initial visits at business establishments finding a cumulative 88.5
percent statewide compliance rate, a 90 percent compliance rate in northern
Nevada and 87 percent compliance in southern Nevada.
the week beginning September 14, officials conducted 408 initial visits across
the state at a wide range of business sectors finding an 88 percent compliance
with compliance rates below the statewide average of 88 percent last week
Vegas- 74 percent
and Winnemucca each had a 100 percent initial observed compliance last week.
compliance rates for business sectors across the state (where 20 or more
observations were conducted) during the week beginning September 14 include:
Retail- 88 percent
Nail/ Tattoo Salons- 86 percent
Sales/ Service- 90 percent
Institutions- 91 percent
Follow Up Observations
observations to determine compliance with mandated health and safety measures
began, DIR officials have conducted 1,444 follow up visits finding a 96 percent
statewide compliance rate with a 97 percent compliance rate in northern Nevada,
and 94 percent in the south.
the week beginning September 14, officials conducted 114 follow up visits
finding a 98 percent statewide compliance rate with a 98 percent compliance
rate in northern Nevada, and 100 percent in the south.
In addition to
the field observation process, Nevada OSHA continues to respond to complaints
and referrals regarding face coverings, social distancing, cleaning and
disinfection, and other areas of concern related to COVID-19 received by their
offices. Of the 3,766 complaints received, 27 percent of the complaints concern
general retail followed by 17 percent for restaurants and bars, and 7 percent
about medical facilities.
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
Employers should note that
an updated version of Nevada OSHA’s Guidance for Businesses Operating in
Phase 2 of Nevada United: Roadmap to Recovery Plan was published on July 29
and can be found at http://dir.nv.gov. The updated document states that Nevada
OSHA does not recognize face shields as an alternative to or as an effective
“face covering” as required by section 4 of Nevada Declaration of Emergency
Directive 024. The face covering must effectively control the breathing zone
and restrain any expelled or exhaled water droplets within the covering. Industry-specific
guidance and links to all of the Emergency Directives can be found at http://NVHealthResponse.nv.gov.
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. 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.