Las Vegas, NV January 17, 2023
The
administrative penalties for workplace safety violations levied by the Nevada
Occupational Safety and Health Administration (OSHA) against employers who are
not in compliance have increased effective January 17. 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 7.74%,
effective immediately for any penalty assessed on or after January 17, 2023,
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 maximum penalty increases from $145,027
to $156,259.
- For repeated
violations, maximum penalties will increase from $145,027 to $156,259.
- 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 $14,502 to $15,625.
- For each other-than-serious
violation, the maximum penalty increases from $14,502 to $15,625.
- In instances where
employers were previously cited and failed to correct violations, the
maximum penalty increases from $14,502 to $15,625 per day unabated beyond
the abatement date.
- For each posting
requirement violation, the maximum penalty increases from $14,502 to
$15,625.
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. For more information visit http://dir.nv.gov/OSHA/
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