Division of Industrial Relations issues 3 citations, flags declining compliance with COVID-19 workplace health and safety requirements in southern Nevada (October 19-23)


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Las Vegas, NV - October 26, 2020

Three citations for violations of required COVID-19 workplace health and safety measures were 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.

The citations were issued after an investigation was initiated as a result of a complaint or referral filed with Nevada OSHA alleging noncompliance with the requirement to submit a Preparedness and Safety Plan to the Division of Industrial Relations for approval prior to the event. Each of the citations issued below occurred while Declaration of Emergency Directive 021 was in effect, which limited gatherings to no more than 50 people and required submission and approval of a plan for live events to the Department of Business and Industry, Division of Industrial Relations.

Declaration of Emergency Directive 033, which supersedes Directive 021, requires events occurring after October 1 with attendance exceeding 250 to submit a Preparedness and Safety Plan approved by the local health district to the Division for review prior to the event. A Preparedness and Safety Plan Submission Guide and other information related to Directive 033 can be found on the Nevada Health Response website.

Douglas County- 1146 Airport Road, Minden, NV 89423; Penalty: $2,950; Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations

ABS Aviation, Inc. - 1146 Airport Road, Minden, NV 89423; Penalty: $ 2,603; Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations  

95 Motorsports Complex, LLC- 1965 South Hwy 95A, Fernley, NV 89408; Penalty: $2,603; Violation Summary: Public attendance to a live event was held without the submission of a safety plan for approval by the Division of Industrial Relations

Nevada OSHA has issued a total of 175 notices of citation and penalty related to violations of required COVID-19 health and safety measures in effect since mid-March.

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 9,552 initial visits at business establishments finding a cumulative 90 percent statewide compliance rate, a 90 percent compliance rate in northern Nevada and 87 percent compliance in southern Nevada.

During the week beginning October 19, officials conducted 254 initial visits across the state at a wide range of business sectors finding an 88 percent compliance rate statewide, with 92 percent compliance in the north and 78 percent compliance in the south.  

Cities with lower than average compliance last week include: 

  • Las Vegas, 15 of 54 businesses were noncompliant- 72 percent compliance
  • Eureka, 9 of 15 businesses were noncompliant- 40 percent compliance

Industries with average or lower than average compliance last week include:

  • Government- 60 percent compliance
  • Convenience Store- 60 percent compliance
  • Grocery Store- 67 percent compliance
  • Hotels- 80 percent compliance
  • Restaurant- 82 percent compliance
  • Construction- 88 percent compliance
  • Observation Findings: Follow Up 

Since observations to determine compliance with mandated health and safety measures began, Division officials have conducted 1,790 follow up visits finding a cumulative 96 percent statewide compliance rate with a 97 percent compliance rate in northern Nevada, and 93 percent in the south.

During the week beginning October 19, officials conducted 70 follow up visits finding 96 percent compliance statewide, 97 percent in the north and 83 percent in the south.  

Complaint Data 

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.

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 http://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’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. 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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