Nevada OSHA workplace safety violation penalties increase in accordance with federal adjustment for inflation


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Teri Williams
Public Information Officer
Las Vegas, NV - January 14, 2022

The administrative penalties for workplace safety violations levied by the Nevada Occupational Safety and Health Administration (OSHA) against employers who are not in compliance will increase effective January 15, 2022. As a result of Senate Bill 40 - passed during Nevada’s 2019 Legislative session - the Division of Industrial Relations automatically adopts penalties in alignment with those imposed by the Department of Labor OSHA enforcement program. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the Department of Labor to annually evaluate its civil monetary penalties to adjust for inflation no later than January 15 of each year.

As a result, Nevada OSHA’s administrative penalties will increase by 6.22%, effective immediately for any penalty assessed on or after January 15, 2022, regardless of when the inspection was opened. Nevada OSHA’s penalties for violations of the Nevada Occupational Safety and Health Act are as follows: 

  • For willful violations, where Nevada OSHA demonstrates that an employer knowingly failed to comply with an OSHA standard, or demonstrated a plain indifference for employee safety, the minimum penalty increases from $9,639 to $10,360 and the maximum penalty increases from $136,532 to $145,027.
  • For repeated violations, maximum penalties will increase from $136,532 to $145,027.
  • Penalties for serious violations, where workplace hazards that could cause an injury or illness that would most likely result in death or serious physical harm, the maximum penalty increases from $13,653 to $14,502.
  • For each other-than-serious violation, the maximum penalty increases from $13,653 to $14,502.
  • In instances where employers were previously cited and failed to correct violations, the maximum penalty increases from $13,653 to $14,502 per day unabated beyond the abatement date.
  • For each posting requirement violation, the maximum penalty increases from $13,653 to $14,502.

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, Worker’s 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 2020 – June 2021, Nevada OSHA processed conducted 818 inspections, issuing an average of 2.25 violations per inspection. The Nevada State Plan, at the time of publication of this media release, is funded by a grant of $1,631,200 federal funds, which constitutes 50 percent of the State Plan budget. Fifty percent, or $1,631,200 of the State Plan budget, is financed through non-governmental sources.