CHAPTER 618 - OCCUPATIONAL SAFETY AND HEALTH

NAC 618.6491 Failure to correct violations. (NRS 618.295) 1. If any inspection discloses that an employer has failed to correct an alleged violation for which a citation or notice of violation has been issued within the period permitted for its correction, the district manager sh…

NAC 618.6494 Abatement: Certification; exemption. (NRS 618.295) 1. Except as otherwise provided in subsection 3, within 10 calendar days after the date of abatement, an employer shall certify to the Enforcement Section on a form provided or approved by the Division that each viol…

NAC 618.6495 Abatement: Submission of plan; progress report. (NRS 618.295) 1. If the number of days given to an employer for abatement is more than 90 days, the employer may be required to submit to the Enforcement Section a plan for abatement for each violation or hazard set for…

NAC 618.6496 Abatement: Contents of documentation; date of submission. (NRS 618.295) 1. On each document that an employer is required to submit to the Enforcement Section pursuant to NAC 618.6494 and 618.6495, the employer shall set forth: (a) His or her name and address; (b) The…

NAC 618.6497 Abatement: Posting of documentation; notification of employee or authorized representative; right to examine or copy documents. (NRS 618.295) 1. An employee shall post a copy or summary of each document submitted to the Enforcement Section pursuant to NAC 618.6494 an…

NAC 618.650 Definitions. (NRS 618.585) As used in NAC 618.650 to 618.848, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.653 to 618.677, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A by Occu…

NAC 618.653 “Affected employee” defined. (NRS 618.295) “Affected employee” means an employee of an employer who has been cited, who is exposed to the hazard described in the citation as a result of his or her assigned duties. [Dep’t of Occupational Safety & Health, Rule No. 1 par…

NAC 618.656 “Authorized employee representative” defined. (NRS 618.295) “Authorized employee representative” means a labor organization which has a collective bargaining relationship with the employer and which represents affected employees. [Dep’t of Occupational Safety & Health…

NAC 618.662 “Citation” defined. (NRS 618.295) “Citation” means a written communication issued by the Chief to an employer pursuant to NRS 618.465. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

NAC 618.665 “Day” defined. (NRS 618.295) “Day” means a calendar day. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

NAC 618.668 “Notification of proposed penalty” defined. (NRS 618.295) “Notification of proposed penalty” means a written communication issued by the Chief to an employer pursuant to NRS 618.475. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

NAC 618.671 “Proceeding” defined. (NRS 618.295) “Proceeding” means any proceeding before the Board. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

NAC 618.674 “Representative” defined. (NRS 618.295) “Representative” means any person, including an authorized employee representative, authorized by a party or intervener to represent him or her in a proceeding. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, …

NAC 618.677 “Working day” defined. (NRS 618.295) “Working day” means all days except Saturdays, Sundays or state holidays. [Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

NAC 618.680 Scope. (NRS 618.295) 1. The provisions of NAC 618.650 to 618.848, inclusive, govern all proceedings before the Board. 2. In the absence of a specific provision, all procedures must be in accordance with the Nevada Rules of Civil Procedure. [Dep’t of Occupational Safet…

NAC 618.683 Computation of time. (NRS 618.295) 1. In computing any period of time prescribed or allowed in NAC 618.650 to 618.848, inclusive, the day from which the designated period begins to run is not included. The last day of the period so computed is included unless it is a …

NAC 618.686 Extensions of time. (NRS 618.295, 618.585) A request for an extension of time for the filing of any document required to be filed by NAC 618.650 to 618.848, inclusive, must be received at least 3 days before the date on which the document is due. [Dep’t of Occupationa…

NAC 618.692 Penalties. (NRS 618.295) All penalties assessed by the Enforcement Section are civil penalties. [Dep’t of Occupational Safety & Health, Rule No. 109, eff. 11-9-73]

NAC 618.695 Filing of papers. (NRS 618.295, 618.585) 1. Before the Board is notified of an appeal or contest, all papers required to be filed must be filed with the Chief at 400 West King Street, Suite 400, Carson City, Nevada 89703. After the Board is notified of an appeal or co…

NAC 618.698 Participation by affected employee. (NRS 618.295, 618.585) 1. An affected employee may participate as a party in the hearing before the Board if: (a) The affected employee notifies the Board and all parties in writing at least 30 days before the beginning of the heari…

NAC 618.701 Representation of parties and interveners; qualifications of representatives. (NRS 618.295, 618.585) 1. Any party to or intervener in a hearing before the Board may appear in person or through a representative. 2. A representative of a party or intervener controls all…

NAC 618.704 Withdrawal of representative. (NRS 618.295, 618.585) Any representative may withdraw from representation by filing a written notice of withdrawal and by serving a copy of the notice on all parties and interveners. [Dep’t of Occupational Safety & Health, part Rule No. …

NAC 618.707 Service of process: General requirements. (NRS 618.295, 618.585) 1. When a pleading or other document is filed, a copy of the document must be served by the party or intervener filing the document on every other party or intervener. 2. Service upon a party or interven…

NAC 618.710 Service of process: Authorized employee representatives; unrepresented employees. (NRS 618.295, 618.585) 1. If an affected employee is not represented by an authorized employee representative, the employer shall, immediately upon receipt of the notice sent by the Enfo…

NAC 618.713 Proof of service. (NRS 618.295, 618.585) 1. Proof of service must be made by a written affidavit which gives the date and manner of service. The affidavit must be filed with the pleading or document. 2. If service is accomplished by posting, proof of posting must be m…

NAC 618.716 Contents of initial pleading. (NRS 618.295) An initial pleading filed by any person must contain the person’s name, address and telephone number. Any change in this information must be communicated promptly in writing to the Board and to all other parties and interven…

NAC 618.719 All relevant documents to be submitted to Board with notice of appeal or contest. (NRS 618.295, 618.585) All relevant documents must be sent to the Board with the notice of appeal or contest. [Dep’t of Occupational Safety & Health, Rule No. 32, eff. 11-9-73]—(NAC A by…

NAC 618.720 Notice of appeal or contest to be sent to all interested parties. (NRS 618.295) A copy of the notice of an appeal or contest sent by the Enforcement Section to the Board must also be sent to all interested parties. (Added to NAC by Occupational Safety & Health Review …

NAC 618.722 Captions; titles of cases. (NRS 618.295, 618.585) 1. A hearing before the Board initiated by a notice of contest must be titled “Chief of the Occupational Safety and Health Enforcement Section of the Division of Industrial Relations of the Department of Business and I…

NAC 618.725 Form of pleadings. (NRS 618.295) 1. Except as otherwise provided in this section, there are no specific requirements for the form of any pleading. A pleading must contain a caption sufficient to identify the parties in accordance with NAC 618.722, which must include t…

NAC 618.734 Response to motions. (NRS 618.295) Any party or intervener upon whom a motion is served has 10 days from the service of the motion to file a response. [Dep’t of Occupational Safety & Health, Rule No. 37, eff. 11-9-73]

NAC 618.737 Statement of position. (NRS 618.295) At any time before the commencement of the hearing before the Board, any person entitled to appear as a party, or any person who has been granted leave to intervene, may file a statement of position with respect to any or all issue…

NAC 618.740 Petition for leave to intervene. (NRS 618.295, 618.585) 1. A petition for leave to intervene in a hearing before the Board must be filed at least 30 days before the date of the hearing. 2. The petition must describe the interest of the petitioner in the proceeding, sh…

NAC 618.743 Failure to file pleadings. (NRS 618.295) Failure to file any pleading when due may constitute a waiver of the right to further participation in the proceedings. [Dep’t of Occupational Safety & Health, Rule No. 38, eff. 11-9-73] Complaints

NAC 618.746 Filing by Chief; allegations; amendment of citation or proposed penalty. (NRS 618.295, 618.585) 1. The Chief shall file a complaint with the Board no later than 20 days after his or her receipt of a notice of contest. 2. The complaint must allege all violations and pr…

NAC 618.749 Answer. (NRS 618.295, 618.585) 1. Within 15 days after service of a complaint, the party against whom the complaint was issued shall file an answer with the Board and serve the opposing parties with a copy of the answer. 2. The answer must contain a short and plain st…

NAC 618.752 Conduct of hearings by Board. (NRS 618.295, 618.585) The Board will conduct a fair and impartial hearing to assure that the facts are fully elicited to adjudicate all issues and avoid delay. The Board will, between the time it is notified of an appeal or contest and t…

NAC 618.755 Disqualification of member of Board. (NRS 618.295, 618.585) 1. A member of the Board may withdraw from a proceeding whenever the member of the Board considers himself or herself to be disqualified. 2. Any party may request a member of the Board, at any time before the…

NAC 618.758 Chief’s participation in hearing. (NRS 618.295) In any proceeding noticed pursuant to NAC 618.650 to 618.848, inclusive, the Chief will not participate in or give advice regarding the report of the Board’s decision. [Dep’t of Occupational Safety & Health, Rule No. 104…

NAC 618.761 Ex parte communication. (NRS 618.295) 1. There may be no ex parte communication, with respect to the merits of any case not decided, between the Board, including any member, officer, employee or agent of the Board who is employed in the decision process, and any of th…

NAC 618.764 Confidential information. (NRS 618.295) 1. Upon application by any person, in a proceeding where trade secrets or other matters may be divulged, the confidentiality of which is protected by the act, the Board will issue such orders as may be appropriate to protect the…

NAC 618.767 Prehearing conference. (NRS 618.295) 1. At any time before a hearing, the Board, on its own motion or on the motion of a party, may direct the parties or their representatives to exchange information or to participate in a prehearing conference to consider matters whi…

NAC 618.770 Notice of hearing. (NRS 618.295, 618.585) Except as otherwise provided in NAC 618.650 to 618.848, inclusive, the Board will send a notice of the time, place and nature of a hearing to the parties and interveners of record at least 10 days before the hearing. [Dep’t of…

NAC 618.773 Withdrawal of notice of contest. (NRS 618.295) At any stage of a proceeding, a party may withdraw his or her notice of contest, subject to the approval of the Board. [Dep’t of Occupational Safety & Health, Rule No. 50, eff. 11-9-73]

NAC 618.776 Postponement of hearing. (NRS 618.295) 1. The postponement of a hearing ordinarily will not be allowed. 2. Except in the case of an extreme emergency or in unusual circumstances, no request will be considered unless received in writing at least 3 days in advance of th…

NAC 618.779 Expedited proceeding. (NRS 618.295, 618.585) 1. Upon application of any party or intervener, or upon the motion of any member of the Board, the Chair of the Board may order an expedited proceeding. 2. If an expedited proceeding is ordered: (a) The Chief shall notify a…

NAC 618.782 Failure of party to appear. (NRS 618.295) 1. Subject to the provisions of subsection 3, the failure of a party to appear at a hearing is a waiver of all rights except the rights to be served with a copy of the decision of the Board. 2. Requests for reinstatement must …