State issues four citations for failure to comply with COVID-19 health and safety measures, implements new observation enforcement process

Four citations for violations 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.

Citations issued during the week of November 2 through 6 were issued after an investigation was opened into a complaint or referral received by Nevada OSHA.

Peterbilt Truck Parts & Equipment, LLC- 2272 Larkin Circle, Sparks, NV 89431; Inspection: #1495516; Penalty: $4,554; Violation Summary: Public attendance allowed at a live event on September 30 with attendance of more than 50. No approval obtained by the Department of Business and Industry, Division of Industrial Relations   

Halloween Town Pumpkin Patch- 510 South Rampart Blvd., Las Vegas, NV 89145; Inspection: #1499377; Penalty: $5,398; Violation Summary: Lack of social distancing between employees and the public, lack of face coverings, and capacity violations    

Tab Contractors, Inc.- 6600 Amelia Earhart Court, Suite B, Las Vegas, NV 89119; Inspection: #1499261; Penalty: $8,675; Violation Summary: Violation related to lack of face coverings being worn by employees in close contact within vehicles    

Sedillo Landscaping Incorporated -7473 West Lake Mead Blvd., Suite 100, Las Vegas, NV 89128; Inspection: #1487113; Penalty: $5,248; Violation Summary: Social distancing not being enforced, improper injury/illness recordkeeping   

Nevada OSHA has issued a total of 181 notices of citation and penalty related to violations of required COVID-19 health and safety measures in effect since mid-March.   

Updated Observation Process Effective November 2

In light of increasing COVID-19 infection rates in the state, the Division has modified its enforcement practices in counties that have met at least two out of the following three criteria as identified by the COVID-19 Mitigation and Management Taskforce for elevated disease transmission:

1. Average number of tests per day (per 100,000) <100 
2. Cases (per 100,000) >200
3. Cases (per 100,000) >50 and testing positivity > 8.0 percent

In these counties, if violations are observed by OSHA officials during the initial visit to a business establishment, an inspection will be opened with the employer. If the violations can be substantiated during the investigatory process, a citation will be issued. A written notice will also be issued indicating that in the event of future noncompliance, the Administrator may issue an order requiring the business to cease operation at that location during this state of emergency under NRS 618.545(1) until the business has established and implemented operating procedures to come into compliance.  

A follow up visit will be conducted at cited businesses to verify that the violative conditions cited during the initial visit have been corrected. If the business is in compliance at that time, no additional action will be taken. 

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 and Nevada OSHA’s Guidance for Roadmap to Recovery, DIR officials have conducted 9,762 initial visits at business establishments finding a cumulative 89 percent statewide compliance rate, a 91 percent compliance rate in northern Nevada and 87 percent compliance in southern Nevada.

During the week beginning November 2, officials conducted 104 initial visits across the state finding a 96 percent compliance rate statewide.

Cities with compliance below the statewide average:

• Carson City, 26 observations- 89 percent compliance 
• Las Vegas, 1 observation- 100 percent noncompliance

Business sectors with compliance rates below the statewide average during the week include:

• Construction, 6 observations- 83 percent
• Medical, 19 observations- 90 percent
• Other, 11 observations- 91 percent

Observation Findings: Follow Up

Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 1,950 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 2, officials conducted 107 follow up visits finding 100 percent statewide compliance rate.

Complaint Data

In addition to the field observation process, Nevada OSHA continues to 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. Of the 4,586 complaints received, 28 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 for general retail.

The top five zip codes for complaints, to-date, include:

• 89502 (Reno), 243 complaints
• 89109 (City of Las Vegas/ Unincorporated Clark County), 208 complaints
• 89431 (Sparks), 166 complaints
• 89119 (Unincorporated Clark County), 154 complaints
• 89434 (Sparks), 135 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. For more information visit http://dir.nv.gov/OSHA/home.