Nevada OSHA announces COVID-19 business compliance findings for July 27- July 31

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 business: 

Three investigations remain open and potential citations are pending.

The Vino 100 citation 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.

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.

Follow up visits have been conducted at 431 businesses where Nevada OSHA officials found that 94 percent of those locations are now in compliance. Twelve businesses have received citations.

Since initial observations to determine compliance with mandated health and safety measures began, Division of Industrial Relations officials have visited 4,596 business establishments in northern and southern Nevada. The compliance rate for all business sectors statewide at time of initial observation is 88 percent, with a 90 percent compliance rate in northern Nevada, and 87 percent in the south. Initial observation compliance rates have increased significantly since the first full week observations began:

• June 29- July 3: 84 percent of businesses in northern Nevada in compliance, 66 percent in southern Nevada
• July 27- July 31: 93 percent of businesses in northern Nevada in compliance, 94 percent in southern Nevada

Initial observations will continue this week, focusing on rural areas of the state where increased cases are being reported by state health officials.

In addition to the field observation process, Nevada OSHA continues 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.  More than 2,100 complaints have been received since mid-March. General retail establishments were the subject of the highest percentage of complaints filed (26 percent), followed by restaurants (15 percent).

The majority of filed complaints are addressed and resolved through an employer inquiry and response process. In instances where the inquiry process does not provide a satisfactory response or resolution of the complaint, an investigation is opened. A notice of citation and penalty is issued to the business if a violation is found as a result of the investigation.

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/OSHA/Nevada_OSHA_COVID-19_Resource_Page/. 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.

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.

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.