Las Vegas, NV November 09, 2020
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:
- Average number of tests per day (per
100,000) <100
- Cases (per 100,000) >200
- 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.