Three northern Nevada businesses cited for failure to comply with required COVID-19 health and safety measures

Today, the Division of Industrial Relations (DIR) announces that violation of required workplace health and safety measures has resulted in Nevada OSHA issuing notices of citation and penalty to the following businesses last week (August 31 through September 4): 

The citations 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 employer was 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.

In 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.

Initial Observations

Division officials are reporting a 92 percent compliance rate for initial observations that were conducted at 395 business establishments last week across the state and a variety of business sectors.

DIR officials have conducted a total of 7,359 initial visits at business establishments since late June, finding a cumulative 88 percent statewide compliance rate.

Cities with compliance rates below the statewide average of 92 percent during the week beginning August 31 include Las Vegas (87 percent), North Las Vegas (91 percent), Sparks (83 percent) and Zephyr Cove (80 percent).

Follow Up Observations

Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 1,265 follow up visits finding a 95 percent statewide compliance rate.  

During the week beginning August 31, officials conducted 148 follow up visits finding a 99 percent compliance rate statewide. If noncompliance is observed during the follow up visit, an inspection is opened with the employer which may result in a citation and penalty being issued if violations are substantiated.

To date, 36 citations have been issued since the Governor’s Declaration of Emergency Directive 04 and Nevada OSHA’s Guidance for Businesses Operating in Phase 2 went into effect on June 24.

Complaints

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 3,255 complaints filed as of August 27, the largest percentage of complaints concern general retail, 27 percent and restaurants and bars, 16 percent. 

The majority 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 the investigation.

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 the Nevada OSHA’s Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan (latest update published on July 29) 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.

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. 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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