Division of Industrial Relations workplace COVID-19 health and safety compliance update for week of August 3

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

The citations were 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 employers were 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, 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.

• Since observations to determine compliance with mandated health and safety measures began, Division of Industrial Relations officials have visited 5,444 business establishments, resulting in an 88 percent statewide compliance rate during initial visits.
• Follow up observations have been conducted at 572 businesses. Ninety-four percent of businesses were in compliance at time of follow up. 
• Fifteen businesses have received a notice of citation and penalty - eight in northern Nevada, seven in southern Nevada - as a result of an inspection opened by Nevada OSHA officials when ongoing noncompliance with face covering emergency directives and Nevada OSHA guidance was found during in-field observations. The total penalty amount for these 15 citations is $115,251.  
• During the week beginning August 3, 848 initial visits were conducted throughout the state and across most business sectors. The overall compliance rate for this period of initial observations was 88 percent. City-level compliance for that period varied from a low of 53 percent in Ely to 100 percent compliance in eleven municipalities:

• Business sectors that saw compliance of 75 percent or less during the week of August 3 include:
  • Hotels, 12 observations- 58 percent compliance
  • Home Improvement, 5 observations- 60 percent compliance
  • Auto Sales and Service, 20 observations- 70 percent compliance
  • Casino-Hotel Pools, 8 observations- 75 percent compliance
  • Parcel Delivery/ Logistics, 4 observations- 75 percent compliance

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.

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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