Division of Industrial Relations issues 2 citations, finds increased overall compliance with COVID-19 health and safety requirements

Today, the Division of Industrial Relations has announced that violation of required health and safety measures has resulted in Nevada OSHA issuing notices of citation and penalty to the following businesses: 

A citation was issued to The Dillinger as a result of a referral received from local authorities that observed ongoing noncompliance. Nevada OSHA officials opened an investigation at the business based on the referral and found violations of one or more health and safety requirements which resulted in the issuance of a notice of citation and penalty.

The citation at O’Reilly Auto Parts was issued after officials observed noncompliance with one or more requirements of general and industry-specific guidance and directives during both the 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.

In addition to the citations issued to O’Reilly, a notice was provided indicating that in the event of future noncompliance, the Administrator may issue an order requiring the business to cease all activity at that location during this state of emergency under NRS 618.545(1) until the business has established and implemented operating procedures to comply with the requirements.

Follow up visits have been conducted at 225 businesses where Nevada OSHA officials found that 94 percent of those locations are now in compliance. Nine businesses have been issued citations. Follow up visits this week will focus on pools, gyms and other establishments where compliance rates are low, or where people are engaging in activities with higher risk of transmission in the absence of appropriate measures to mitigate that risk.  

Since initial observations to determine compliance with mandated health and safety measures began, Division of Industrial Relations officials have visited 2,638 business establishments in northern and southern Nevada. The compliance rate for all business sectors statewide at time of initial observation is currently 84 percent, with an 87 percent compliance rate in northern Nevada, and 82 percent in the south.

On July 16 and 17, Division officials conducted 358 initial observations. Findings of those observations include:

• Overall compliance rate: 94 percent statewide, 94 percent in northern Nevada and 94 percent in southern Nevada
• Convenience stores, 122 observations: 91 percent compliance
• General retail, 59 observations: 93 percent compliance
• Restaurants, 55 observations: 98 percent compliance
• Clothing stores, 53 observations: 96 percent compliance
• Grocery stores, 12 observations: 100 percent compliance

Information about general and industry-specific guidance can be found on the Nevada Health Response website, https://NVHealthResponse.nv.gov/ and the Division of Industrial Relations website, http://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.

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.

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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