Las Vegas, NV December 07, 2020
Two citations
for violation 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.
Costco Wholesale Corporation- 4810 Galleria Parkway, Sparks, NV
89436; Inspection #1503599; Penalty: $6,268; Violation Summary: The COVID-19
adjusted capacity was not posted at the public entrance.
The citation was issued after an
investigation was opened into a complaint or referral filed with Nevada OSHA.
Raine’s Market, Inc.- 901 N. Main Street, Eureka, NV 89316; Inspection #1502876; Penalty: $2,950; Violation Summary: Employees at the
establishment were not wearing face coverings. Additionally, patrons were
permitted inside the store without face coverings.
The
citation was issued after officials observed noncompliance with one or more
requirements of general and industry-specific guidance and directives. A formal
investigation was opened with the employer during which time the violations
were substantiated and a notice of citation of penalty was issued.
Nevada OSHA has issued a total of 190 notices of citation and
penalty related to violations of required COVID-19 health and safety measures
in effect since mid-March. The citations have been issued as a result of both
the employer observation process as well as through the investigation of employee
complaints or public referrals.
Employers
have 30 calendar days to pay the citation, request an informal conference or
appeal the notice of citation and penalty by filing a formal contest for a
hearing by the independent Nevada OSHA Review Board. Upon the finalization of
the process, any penalties paid are deposited into the Workers’ Compensation
and Safety Fund, which provides funding for a variety of agencies and programs
including: Division of Industrial Relations, Nevada Attorney for Injured Workers,
Hearings Division of the Department of Administration, the Workers’
Compensation Ombudsman position within Consumer Health Assistance at DHHS,
Legislative Counsel Bureau, the Attorney General’s Fraud Control Program,
Division of Insurance review of self-insured insurer rates and Subsequent
Injury Funds.
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, Nevada OSHA’s
Guidance for Roadmap to Recovery and subsequent directives, DIR officials have
conducted 10,421 initial visits at business establishments finding a cumulative
89.5 percent statewide compliance rate, a 91 percent compliance rate in
northern Nevada and 88 percent compliance in southern Nevada.
During the week beginning
November 30, officials conducted 117 initial visits across the state at a wide
range of business sectors finding a 98 percent compliance rate statewide.
Observation
Findings: Follow Up
Since observations to
determine compliance with mandated health and safety measures began, DIR
officials have conducted 2,370 follow up visits finding a 96 percent statewide
compliance rate with a 97 percent compliance rate in northern Nevada, and 93
percent in the south.
During the week beginning
November 30, officials conducted 116 follow up visits finding 100 percent statewide
compliance.
Complaint Data
In addition to the field observation
process, Nevada OSHA responds to complaints from employees and referrals from
the public regarding face coverings, social distancing, cleaning and
disinfection, and other areas of concern related to COVID-19 received by their
offices. Of the 5,512 complaints received (as of December 2), 29 percent of the
complaints concern general retail followed by 17 percent for restaurants and
bars, 8 percent about medical facilities, 6 percent concern casinos and gaming
and 5 percent about grocery stores.
The top five zip codes for complaints,
to-date, include:
- 89502
(Reno), 304 complaints
- 89109
(Las Vegas/ Unincorporated Clark County), 235 complaints
- 89431
(Sparks), 200 complaints
- 89119
(Unincorporated Clark County), 172 complaints
- 89434
(Sparks), 156 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. The Nevada State Plan, at the time
of publication of this media release, is funded by a grant of $1,602,700
federal funds, which is matched by $1,602,700 in state funding. An additional
$6,182,619 in state funds are used to support Nevada OSHA. The total program
budget is $9,388,019. For more
information visit http://dir.nv.gov/OSHA/home.
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