Las Vegas, NV September 08, 2020
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):
Dad’s Quik Mart, LLC
5212 Sparks Blvd., Suite 100, Sparks, NV 89436
Dayton Valley Tire and Service
480 Old Highway 50, Dayton, NV 89403
9205 Lemmon Drive, Reno, NV 89506
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.
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.
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.
officials have conducted a total of 7,359 initial visits at business
establishments since late June, finding a cumulative 88 percent statewide
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
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.
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.
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.
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
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
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.
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.