Las Vegas, NV August 24, 2020
Vegas, NV –Today, the
Division of Industrial Relations (DIR) 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 during the week
beginning August 17:
8495 W. Warm Springs Road, Las Vegas, NV 89113
Kiss Lounge & Nu Ethiopian Kitchen
4230 S. Decatur Blvd., Suite #300, Las Vegas, NV 89103
1801 N. Boulder Highway, Unit #A, Henderson, NV 89011
additional citations were issued to business establishments in Elko and are in
process of being delivered to the employer, after which time citation details
can be released. Thirty-one citations have been issued since the face covering
mandate was put into effect on June 24 via Emergency Directive 024.
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.
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.
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 6,611 initial visits at business establishments finding a cumulative
88 percent statewide compliance rate, a 89 percent compliance rate in northern
Nevada and 87 percent compliance in southern Nevada.
the week beginning August 17, officials conducted 456 initial visits across the
state at a wide range of business sectors finding an 88 percent compliance rate
statewide, 84 percent in northern Nevada and 93 percent in southern Nevada.
with compliance rates below the statewide average of 88 percent during the week
beginning August 17 include:
City- 85 percent
Valley- 86 percent
that scored a 100 percent compliance rate for initial observations during the
week beginning August 17 include Dayton, Fallon, Henderson and Virginia City.
compliance rates for business sectors across the state where 25 or more
observations were conducted, during the week beginning August 17 include:
Sales and Service- 79 percent
Retail- 80 percent
Nail and Tattoo Salons- 90 percent
Store- 93 percent
Follow Up Observations
observations to determine compliance with mandated health and safety measures
began, DIR officials have conducted 916 follow up visits finding a 95 percent
statewide compliance rate with a 96 percent compliance rate in northern Nevada,
and 93 percent in the south.
the week beginning August 17, officials conducted 158 follow up visits finding
a 99 percent compliance rate statewide.
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 2,800 complaints have
been filed to-date. The top five business sectors receiving the most complaints
include general retail with 773 (27 percent); restaurants- 447 complaints (16
percent); medical- 227 complaints (8 percent); gaming- 190 complaints (7
percent); and construction- 167 complaints (6 percent).
of complaints are 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
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
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.
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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