CHAPTER 618 - OCCUPATIONAL SAFETY AND HEALTH

NAC 618.6334 Notice of application; decision of Administrator. (NRS 618.295) 1. If an application for a variance has not been denied because it is defective, the Administrator will have published in at least two daily newspapers a notice of the filing of the application. 2. The A…

NAC 618.6337 Acceptance of federal variance. (NRS 618.295) If the Federal Government has granted an employer a variance from a federal standard which applies to the employer’s operations in more than one state and the standard is identical to a Nevada standard, the Administrator …

NAC 618.634 Variance not retroactive. (NRS 618.295) A variance granted pursuant to NRS 618.415 to 618.421, inclusive, is not retroactive. (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83) Hearings

NAC 618.6343 Request for hearing. (NRS 618.295) 1. Any affected employer or employee may file with the Administrator a request for a hearing on an application for a variance. 2. A request for such a hearing must include: (a) The name, address and telephone number of the person re…

NAC 618.6346 Hearings conducted by Administrator or hearing officer. (NRS 618.295) The Administrator will personally conduct hearings on applications for variances or will appoint a hearing officer to perform that duty. If the Administrator appoints a hearing officer, the Adminis…

NAC 618.6349 Powers of Administrator. (NRS 618.295) The Administrator will, in order to conduct a fair, full and impartial hearing: 1. Rule upon offers of proof; 2. Allow the use of discovery and determine its scope; 3. Regulate the course of the hearing and the conduct of the pa…

NAC 618.6352 Parties to hearings. (NRS 618.295) 1. An applicant for relief and any affected employee are entitled to be named as parties to a hearing for a variance. 2. The Enforcement Section, represented by the general counsel of the Division, shall be deemed to be a party to s…

NAC 618.6355 Service of process; proof of service. (NRS 618.295) 1. The service of any document relating to a hearing on an application for a variance upon any party to the proceeding must be made by personal delivery or by certified mail to the last known address of the party. 2…

NAC 618.6358 Prehearing conference. (NRS 618.295) 1. Upon his or her own motion or the motion of a party to the proceeding, the Administrator will, in an appropriate case, direct the parties or their counsel to meet with him or her for a conference to consider: (a) The necessity …

NAC 618.6361 Agreements for settlement. (NRS 618.295) 1. At any time before or during a hearing, the parties may request the Administrator to allow them an opportunity to negotiate an agreement for settlement containing findings by consent and an order disposing of the proceeding…

NAC 618.6364 Conduct at hearings. (NRS 618.295) 1. A person’s contumacious conduct at any such hearing is a ground for exclusion from the hearing. 2. If a witness or a party refuses to answer a question after being directed to do so or refuses to obey an order to provide or permi…

NAC 618.6367 Discovery. (NRS 618.295) 1. A party may take the deposition of a witness if the witness will not be able to attend the hearing or if some other good reason exists for taking his or her deposition. A deposition may be taken orally or upon written interrogatories befor…

NAC 618.637 Presentation of evidence; objections. (NRS 618.295) 1. Except as may otherwise be ordered by the Administrator, the applicant for a variance must proceed first at a hearing. 2. The applicant has the burden of proof. 3. If a party objects to the admission or rejection …

NAC 618.6373 Records of hearings. (NRS 618.295) A hearing must be stenographically reported or captured as an audio recording. Copies of the transcript may be obtained by the parties upon the filing of a written application with the reporter and the payment of fees at the rate pr…

NAC 618.6376 Briefs. (NRS 618.295) Within 10 days after receipt of notice that the transcript of the testimony has been filed or such additional time as the Administrator may allow, each party may file with the Administrator proposed findings of fact and conclusions of law, toget…

NAC 618.6379 Decision of Administrator. (NRS 618.295) 1. Within a reasonable time after the time allowed for the filing of the briefs and the proposed findings of fact and conclusions of law, the Administrator will make and serve upon each party his or her decision, which becomes…

NAC 618.6382 Exceptions to decision. (NRS 618.295) 1. Within 20 days after the Administrator’s decision is served, any party to the proceeding may file written exceptions to the decision. Such exceptions must be filed with the Administrator and must include: (a) A reference to th…

NAC 618.640 Definitions. (NRS 618.295) As used in NAC 618.640 to 618.6497, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.64005 to 618.6422, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Div. of Occupat…

NAC 618.64005 “Abatement” defined. (NRS 618.295) “Abatement” means the action taken by an employer to: 1. Comply with a standard or regulation cited by the Enforcement Section in a citation; or 2. Eliminate a hazard identified by the Enforcement Section in a citation. (Added to N…

NAC 618.6404 “District manager” defined. (NRS 618.295) “District manager” means the officer or employee of the Enforcement Section who is regularly or temporarily in charge of a district office of the Enforcement Section or any person who is authorized to act for that employee or…

NAC 618.641 “Establishment” defined. (NRS 618.295) “Establishment” means a building or area where business is conducted or where services or industrial operations are performed, as a bank, central administrative office, factory, farm, hotel, mill, movie theater, ranch, restaurant…

NAC 618.6413 “Imminent danger” defined. (NRS 618.295) “Imminent danger” means the existence of any condition or practice in a workplace which could reasonably be expected immediately to cause death or serious physical harm to any employee if operations were to proceed in the work…

NAC 618.6416 “Inspection” defined. (NRS 618.295) “Inspection” means any inspection or investigation made pursuant to NRS 618.325, 618.425 or 618.445. (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)

NAC 618.6419 “Inspector” defined. (NRS 618.295) “Inspector” means a person employed as a safety and health representative or industrial hygienist who is authorized by the Chief to conduct inspections. (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)

NAC 618.6422 “Working day” defined. (NRS 618.295) “Working day” means every day of the year except Saturdays, Sundays and legal holidays. (Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)

NAC 618.6425 Computation of time. (NRS 618.295) In computing any period prescribed or allowed in NAC 618.640 to 618.6497, inclusive, the day from which the designated period begins to run is not included. The last day of the period so computed is included. (Added to NAC by Div. o…

NAC 618.6428 Posting of notices; provision of statutes, regulations and applicable standards. (NRS 618.295) 1. An employer shall: (a) Post all notices provided by the Enforcement Section in each of the employer’s establishments in a conspicuous place where he or she customarily p…

NAC 618.6431 Advance notice of inspection. (NRS 618.295) 1. Advance notice of an inspection may be given only in a situation where: (a) There appears to be an imminent danger and advance notice is needed to enable the employer to correct the danger as quickly as possible; (b) The…

NAC 618.6434 Powers and duties of inspector. (NRS 618.295) 1. At the beginning of an inspection, an inspector shall: (a) Present his or her credentials to the owner, operator or agent in charge at the place of employment to be inspected; (b) Explain the nature and purpose of the …

NAC 618.6437 Persons authorized to accompany inspector. (NRS 618.295) 1. Except as provided in subsections 6 and 7, an inspector may permit a representative of an employer or the employees, or both, to accompany the inspector on an inspection if he or she determines that the repr…

NAC 618.644 Scope of inspection. (NRS 618.295) If any person requests an inspection of a workplace by giving notice, orally or in writing, of an alleged violation to the Chief or a representative of the Chief, the inspector may also inspect matters which are not referred to in th…

NAC 618.6443 Waiver of penalty prohibited. (NRS 618.295) No employer who allows an inspector to enter a place of employment to inspect, review records or question any person may impose the condition that the inspector or the Chief waive any cause of action, citation or penalty un…

NAC 618.6446 Authorization required to inspect area with classified information. (NRS 618.295) An inspector shall obtain the appropriate authorization before inspecting areas containing information which is classified by an agency of the United States Government in the interest o…

NAC 618.6449 Trade secrets. (NRS 618.295) If, during the conference at the beginning of an inspection, the employer identifies areas in the establishment which contain or might reveal a trade secret, the inspector shall label any information obtained in those areas, including neg…

NAC 618.6452 Objections to inspections. (NRS 618.295) 1. If an inspector, while in the exercise of his or her official duties, is refused entry into any place of employment, the inspector shall try to ascertain the reason for the refusal and shall immediately report the refusal a…

NAC 618.6455 Denial of request for investigation. (NRS 618.295) 1. If the district manager determines that an employee requesting an investigation pursuant to NRS 618.425 has not complied with the provisions of that section, the district manager shall notify the employee of the d…

NAC 618.6458 Citations and notices of violations. (NRS 618.295) 1. If an inspector, on the basis of his or her inspection, or the district manager, on the basis of the report of an inspection, believes that the employer has violated a requirement of NRS 618.375 or of any standard…

NAC 618.6461 Review upon refusal to issue citation. (NRS 618.295, 618.435) 1. If a district manager refuses to issue a citation with respect to an inspection conducted pursuant to NRS 618.435, the district manager shall notify the employee in writing of his or her determination a…

NAC 618.6464 Imminent dangers. (NRS 618.295) 1. An inspector may issue appropriate citations and notices of proposed penalties with respect to an imminent danger even though, after being informed of the danger, the employer immediately eliminates the imminence of the danger and i…

NAC 618.6465 Violations concerning movable equipment. (NRS 618.295) 1. An employer shall attach a warning tag provided by the Division or a copy of the citation on the operating controls or component of the movable equipment that was cited in a citation if the Enforcement Section…

NAC 618.6467 Posting of citation, notice of violation or notice of intent to contest citation; compliance. (NRS 618.295, 618.465) 1. Except as otherwise provided in this section and NAC 618.6465, upon receipt of any citation or notice of violation, the employer shall immediately …

NAC 618.647 Modification of time for abatement of violation: General requirements. (NRS 618.295) 1. An employer may request a modification of the time allowed for abatement of a violation which is not serious or may file a written petition for a modification of the time allowed f…

NAC 618.6473 Modification of time for abatement of violation: Contents, posting and service of petition. (NRS 618.295) 1. If determined to be pertinent and required by the district manager, the following items must be included in a petition for a modification of the time for the …

NAC 618.6476 Modification of time for abatement of violation: Objections to petitions. (NRS 618.295) 1. Affected employees or their representative may file a written objection to a petition for a modification of the time for the abatement of a serious violation with the district …

NAC 618.6479 Modification of time for abatement of violation: Informal review upon denial of petition. (NRS 618.295) If the district manager denies a petition for a modification of the time for the abatement of a serious violation, the employer may request an informal review by t…

NAC 618.6482 Proposed penalties: Determination by district manager. (NRS 618.295) 1. The district manager shall determine the amount of any proposed penalty and may at the employer’s request explain to the employer, in an informal conference, how the proposed penalty was determin…

NAC 618.6483 Proposed penalties: Factors required to be considered by Division in establishing penalty and determining amount thereof. (NRS 618.295) 1. In establishing the penalty for a violation of this chapter or chapter 618 of NRS, the Division will consider the determining fa…