Las Vegas, NV January 12, 2024
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 15. 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 3.24%, effective
immediately for any penalty assessed on or after January 15, 2024, 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 $156,259 to $161,323.
- For repeated violations, maximum penalties will
increase from $156,259 to $161,323.
- 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 $15,6252 to $16,131.
- For each other-than-serious violation, the
maximum penalty increases from $15,625 to $16,131.
- In instances where employers were previously cited and failed
to correct violations, the maximum penalty increases from $15,625 to
$16,131 per day unabated beyond the abatement date.
- For each posting
requirement violation, the maximum penalty increases from $15,625 to
$16,131.
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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