Title 23 — Labor

Every owner and operator of a conveyance shall: 1. Construct, furnish, maintain and provide safe and adequate devices with which to safely and properly convey or move all persons and material utilizing the services offered by the owner or operator of such device. 2. Comply with a…

Existing conveyances lawfully installed prior to the effective date of this article may continue in use if the use is, in the opinion of the director, not a hazard to life, health or property.

A. The commission shall: 1. Administer this article through the division of occupational safety and health. 2. Promulgate standards and regulations pursuant to section 23-491.06 as required and promulgate such other rules and regulations and exercise such other powers as are nece…

The division may: 1. Inspect conveyances when deemed necessary or appropriate by the division. 2. Recommend to the commission for approval or disapproval standards and regulations and amendments to such standards and regulations. 3. Enforce, pursuant to section 23-491.09, all sta…

A. Safety standards and regulations shall be formulated in the following manner: 1. The division shall either propose adoption of national consensus standards or federal standards or draft such regulations as it considers necessary after conducting sufficient investigations throu…

No conveyance shall be operated in this state without an annual certificate of inspection issued by the division. The division shall issue such certificate of inspection if, after inspection, the conveyance is found to comply with the standards and regulations adopted pursuant to…

A. Any person may make a request for an investigation by the division into alleged violations of section 23-491.02 by giving notice to the director or the director's authorized representative of such violation or danger. Such notice shall be in writing, shall set forth with reaso…

A. If the division, following an inspection or investigation, determines that there is reasonable cause to believe that there is a violation of a standard or regulation, the division shall issue a correction order directing any repairs, improvements, changes or additions necessar…

A. Any interested party may request a hearing before the commission to contest any correction order issued pursuant to this article. B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and include such party's address. C. The commissi…

A. Upon the conclusion of any hearing, or prior to the conclusion with concurrence of the parties, the administrative law judge shall, not later than thirty days after the matter is submitted for decision, determine the matter and make a decision in accordance with the determinat…

A. The request for review of an administrative law judge decision need only state that the party requests a review of the decision. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days from the…

A. The commission shall, upon application of any owner or operator, grant such time as reasonably necessary for compliance with an order. A person may petition the commission for an extension of time to comply with an order which the commission shall grant if it finds the extensi…

A. Any party affected by a decision of the commission or by a decision upon review pursuant to section 23-491.12 may apply to the court of appeals by a petition for special action to review the lawfulness of the decision, order or decision upon review. B. The petition for special…

Nothing contained in this article shall in any way impair the authority or responsibility of political subdivisions of this state with regard to the local enforcement or licensing, safety or police regulation authorized by local ordinance or state statute if, upon determination b…

A. The commission may authorize an individual to perform initial or annual inspections under this article or any other inspection under this article designated by the commission, if the individual does all of the following: 1. Meets the qualifications and insurance requirements p…

In this article, unless the context otherwise requires: 1. "Alcohol" means ethanol, isopropanol or methanol. 2. "Current use of any drug" means drug use that has occurred recently enough to justify an employer's reasonable belief that involvement with drugs is ongoing. Current us…

A. In order to test reliably for the presence of drugs, an employer may require samples from its employees and prospective employees and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of…

Regarding the timing and cost of drug tests and alcohol impairment tests, and in order for an employer to qualify for the benefits of this article: 1. Any drug testing or alcohol impairment testing by an employer of employees normally shall occur during, or immediately before or …

All sample collection and testing for drugs and alcohol impairment under this article shall be performed according to the following conditions: 1. The collection of samples shall be performed under reasonable and sanitary conditions. 2. Sample collections shall be documented and …

A. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer inf…

An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy, on the refusal of an employee or prospective …

A. No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following: 1. Actions in good faith based on the results of a positive drug test or alcoho…

A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article, unless the employer's action was based on a false positive test result and the employer k…

A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the foll…

A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public…

Nothing in this article shall be construed to infringe on, contradict, preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or infringe on the rights and responsibilities of all parties in the collective bargaining…

An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of this article, even if that policy or program does not conform to all of the provisions of this article, provided…

If a provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application and, to this end, the provisions…

A. As a condition of employment, it is unlawful for a broadcast employer to require a current or prospective employee to agree to a noncompete clause. B. For the purposes of this section: 1. "Broadcast employer" means an employer that is a television station, television network, …

In this article, unless the context otherwise requires: 1. "DD-214" means a United States department of defense report of separation form or its predecessor or successor forms. 2. "Private employer" means a sole proprietor, corporation, partnership, limited liability company or o…

A. A private employer may adopt a voluntary veterans' preference employment policy. B. The veterans' preference employment policy shall be in writing and applied uniformly to employment decisions regarding hiring, promotion or retention during a reduction in force. C. A private e…

In this article, unless the context otherwise requires: 1. "Department" means the department of economic security. 2. "Director" means the director of the department. 3. "Division" means the department of economic security. 4. "Maintenance" means money payments not to exceed the …

The department shall provide vocational rehabilitation service to persons with a disability who are eligible as provided by this article.

The department shall cooperate in carrying out the purposes of federal statutes pertaining to vocational rehabilitation. The division may adopt methods of administration found by the federal government necessary for the proper and efficient operation of agreements relating to voc…

The department shall coordinate its provision of vocational rehabilitation services to persons with an intellectual disability with its provision of intellectual disability services to such persons, including the areas of evaluation of applicants for either type of services and t…

A. The department of economic security shall make surveys of merchandising business opportunities for and license persons who have no vision or acuity, or have a central visual acuity of 20/200 or less in the better eye, with the best correction by single magnification, or who ha…

A. Vocational rehabilitation service shall be provided to a person with a disability, resident in the state, whose vocational rehabilitation in the judgment of the director after investigation can satisfactorily be achieved, or to any such person who is eligible for rehabilitatio…

A person applying for or receiving vocational rehabilitation service who is aggrieved by an action of the division may appeal to the director, subject to rules and regulations of the department.

A. The state treasurer shall be the custodian of monies received from the federal government for the purpose of carrying out any federal law relating to vocational rehabilitation, and shall disburse them and any state monies available for vocational rehabilitation purposes in the…

In this article, unless the context otherwise requires: 1. "Day labor" means labor or employment that is under a contract between a day labor service agency and a third party employer, that is occasional or irregular and that is for a limited time period. 2. "Day laborer" means a…

This article does not apply to: 1. Business entities registered as farm labor contractors. 2. Temporary help services engaged in supplying white-collar employees, secretarial employees, clerical employees or skilled laborers. 3. Labor union hiring halls. 4. Labor bureau or employ…

B. At the time of payment of wages, a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from the wages. C. In no event shall any deductions made by a day labor agency, other than those required by federal or s…

In this article, unless the context otherwise requires: 1. "Administrative fee": (a) Means the fee that is charged to a client by a professional employer organization for professional employer services. (b) Does not include any amount of the fee that is applied to wages, salaries…

1. Govern the co-employment relationship between the client and the professional employer organization and between each co-employer and each covered employee. 2. Reserve to the client the right to direct and control covered employees to the extent necessary to conduct the client'…

Every professional employer organization that is located in this state shall maintain either of the following: 1. A minimum net worth of at least $100,000. 2. A bond, an irrevocable letter of credit or securities that have a minimum market value of $100,000. The bond shall be hel…

A. Unless otherwise expressly provided by a professional employer agreement or otherwise required by law, a client: 1. Shall be solely responsible for: (a) The quality, adequacy and safety of the goods or services produced or sold in the client's business. (b) Directing, supervis…

A. This article does not relieve a client from paying any tax liability that is due under title 42 or 43. B. Any tax on professional employer services shall be limited to the administrative fees. C. For the purposes of tax credits and any other economic incentives provided by thi…

[Repealed or reserved.]

B. Any other rights, duties or obligations that are enforceable by an employee under the laws of this state shall remain enforceable against the client.

B. A professional employer organization shall not be deemed to be engaged in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements under the laws of this state solely on the basis of entering into and maintain…