Division of Industrial Relations modifies observation process for counties with elevated disease transmission, announces two citations for COVID-19 violations

Two 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.  

Aria Resort & Casino; 3730 South Las Vegas Blvd., Las Vegas, NV 89158; Inspection #1496910; Penalty: $12,617; Violation summary: Lack of social distancing at point-of-sale terminals used by employees 

The citation to Aria Resort & Casino was issued after an investigation was initiated as a result of a complaint or referral filed with Nevada OSHA alleging workplace safety hazards. 

Eureka Owl Club LLC; 61 North Main Street, Eureka, NV 89316; Penalty $2,950; Violation summary: Employees not wearing face coverings or not wearing face coverings properly  

The citation to Eureka Owl Club LLC 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. The violations were substantiated during the investigation and a notice of citation of penalty was issued.

Nevada OSHA has issued a total of 177 notices of citation and penalty related to violations of required COVID-19 health and safety measures in effect since mid-March.

Updated Observation Process Effective November 2

In light of increasing COVID-19 infection rates in the state, the Division has modified its enforcement practices in counties that have met at least two out of the following three criteria as identified by the COVID-19 Mitigation and Management Taskforce for elevated disease transmission:

1. Average number of tests per day (per 100,000) <100
2. Cases (per 100,000) >200
3. Cases (per 100,000) >50 and testing positivity > 8.0 percent

In these counties, if violations are observed by OSHA officials during the initial visit to a business establishment, an inspection will be opened with the employer. If the violations can be substantiated during the investigatory process, a citation will be issued. A written notice will also be issued indicating that in the event of future noncompliance, the Administrator may issue an order requiring the business to cease operation at that location during this state of emergency under NRS 618.545(1) until the business has established and implemented operating procedures to come into compliance.  

A follow up visit will be conducted at cited businesses to verify that the violative conditions cited during the initial visit have been corrected. If the business is in compliance at that time, no additional action will be taken.

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 9,655 initial visits at business establishments finding a cumulative 89 percent statewide compliance rate, a 90 percent compliance rate in northern Nevada and 87 percent compliance in southern Nevada.

During the week beginning October 26, officials conducted 102 initial visits across the state at a wide range of business sectors finding an 86 percent compliance rate statewide.

Cities with compliance rates below the statewide average last week include:

• Las Vegas, 10 observations- 50 percent
• Reno, 32 observations- 81 percent

Business sectors with compliance rates below the statewide average during the week beginning October 26 include:

• Financial Institutions, 2 observations- 50 percent
• Construction, 9 observations- 56 percent
• Convenience Stores, 9 observations- 67 percent
• Other, 13 observations- 77 percent

Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 1,843 follow up visits finding a 95 percent statewide compliance rate with a 97 percent compliance rate in northern Nevada, and 93 percent in the south.

During the week beginning October 26, officials conducted 53 follow up visits finding a 93 percent statewide compliance rate.

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. Of the 4,454 complaints received, 28 percent of the complaints concern general retail followed by 18 percent for restaurants and bars, 8 percent about medical facilities, 6 percent concern casinos and gaming, and 5 percent for general retail.

The top five zip codes for complaints, to-date, include:

• 89502 (Reno), 231 complaints
• 89109 (City of Las Vegas/ Unincorporated Clark County), 200 complaints
• 89431 (Sparks), 158 complaints
• 89119 (Unincorporated Clark County), 152 complaints
• 89434 (Sparks), 133 complaints

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 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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