Fifty out of fifty-six businesses found to be in compliance during second visit by Nevada OSHA officials


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Las Vegas, NV - July 09, 2020

The Division of Industrial Relations (DIR) Occupational Safety and Health Administration (OSHA) has begun conducting follow up visits to business establishments that were previously found to be in noncompliance with the face covering requirement, social distancing and other measures to protect the safety and health of Nevada’s workforce. During initial field observations by officials, businesses that were not following the directive were provided a notice requesting voluntary compliance.   

During the period of July 6 through 8, Nevada OSHA officials conducted 56 follow up visits and found 50 of those businesses have taken the appropriate measures to come in compliance, a compliance rate of 89 percent.    

At the businesses where continued violations were observed, an investigation process will be initiated by OSHA officials. Pending the outcome of the investigation, confirmed noncompliance will result in the issuance of a notice of citation and penalty outlining the alleged violations and requiring the businesses to take corrective action to come into compliance.

In addition, at the time the investigation is initiated, the business will be provided a written notice and informed that if ongoing noncompliance is observed the Administrator, under an emergency declaration, is authorized to order the business to cease operations at that location until the business has established and implemented operating procedures to comply.

Penalties are assessed based on how the violation is categorized and which reduction factors are applied.  If a business has demonstrated willful indifference to the health and safety of their employees, the violation is categorized as willful and a penalty of up to $134,940 per violation can be assessed. A classification of serious can also be applied, resulting in a penalty of up to $13,494 per violation. Factors that can automatically reduce the assessed penalty amount include, but are not limited to the employer’s OSHA history, the size of the business, and the gravity of the violation.

Details of open and ongoing investigations are confidential under NRS 618.341(3). Once the investigation is formally closed, details concerning the citations issued, including business names and locations can be released.   

In addition to conducting follow up visits, DIR officials have continued to conduct initial observations at businesses statewide. On July 7 and 8, 474 observations were conducted. During this observation period, 86 percent of businesses were found to be in compliance, with 85 percent compliance in northern Nevada and 87 percent compliance in southern Nevada.  Surveyed establishments included: convenience stores, pharmacies, general retail, grocery stores, restaurants, autos sales/repair and clothing stores. 

Since the initial observations began, 1,564 initial observations have been conducted showing a cumulative statewide compliance rate of 79 percent statewide, 85 percent compliance in northern Nevada and 72 percent compliance in southern Nevada.

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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