Nevada OSHA issues two citations, conducts observations for compliance during week of November 30


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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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