Title 53

NRS 618.421 Variance from standard: Contents; period of effectiveness and renewal of temporary order; interim order. 1. Every temporary order granting a variance from a standard which has not become effective must prescribe: (a) The practices, means, methods, operations and proce…

NRS 618.425 Request for investigation; confidentiality; investigation by Division. 1. Any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building off…

NRS 618.435 Complaint of violation before or during inspection of workplace; review of refusal to issue citation; accompaniment of Division’s representative during inspection. 1. Before or during any inspection of a workplace, any employee, representative of employees, provider o…

NRS 618.445 Employee protected from discharge or discrimination; complaint for relief and investigation; reinstatement and reimbursement. 1. A person shall not discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted …

NRS 618.455 Advance notice of inspection prohibited; exception. It is unlawful for anyone to give advance notice of an inspection except as authorized by the Administrator. (Added to NRS by 1973, 1018; A 1993, 1885) ENFORCEMENT

NRS 618.465 Issuance of citations. 1. If, upon inspection or investigation, the Administrator or the Administrator’s authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order adopted or issued pursuant to this c…

NRS 618.475 Citations: Notification of employer; employer’s contest of citation or proposed penalty in case of fatal accident or motor vehicle crash; employee’s appeal of required abatement; not reviewable if uncontested. 1. If, after an inspection or investigation, the Division …

NRS 618.480 Citations: Division interview and discussion with immediate family of deceased employee in case of fatal accident or crash. 1. During an investigation of an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, …

NRS 618.495 Deposition of witnesses. In an investigation the Division may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of recor…

NRS 618.505 Compensation of witnesses. 1. Each witness who appears in obedience to a subpoena before the Division or its representative is entitled to receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record. 2. Claims for w…

NRS 618.515 Enforcement of orders and subpoenas of Division. If any person disobeys an order of the Division, a subpoena issued by it or one of its representatives, refuses to permit an inspection or refuses to testify as a witness to any matter regarding which the person may be …

NRS 618.525 Division may prosecute and defend actions. 1. The Division may prosecute, defend and maintain actions in the name of the Division for the enforcement of the provisions of this chapter and is entitled to all extraordinary writs provided by the Constitution of the State…

NRS 618.535 Admissibility of Division’s orders, rules, regulations, findings and decisions. Every order of the Division, general or special, and its rules, regulations, findings and decisions, made and entered under the provisions of this chapter, are admissible as evidence in an…

NRS 618.545 Emergency orders of Administrator; injunctive relief. 1. The Administrator may issue an emergency order to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious …

NRS 618.555 Mandamus to compel Administrator to issue emergency order. If the Administrator arbitrarily or capriciously fails to issue an emergency order pursuant to NRS 618.545, any employee who may be injured by reason of such failure, or the representative of such employees ma…

NRS 618.565 Creation; number, appointment, qualifications and terms of members. 1. The Occupational Safety and Health Review Board, consisting of five members appointed by the Governor, is hereby created under the Division. 2. The Governor shall appoint: (a) Two members who are r…

NRS 618.575 Officers. The members of the Board shall annually select a Chair and Secretary from among themselves. (Added to NRS by 1973, 1020; A 1975, 773)

NRS 618.585 Duties; legal counsel; quorum; decisions; records; duties, rights and responsibilities of alternate. 1. The Board shall: (a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the Chair may determine; (b) Enact …

NRS 618.595 Compensation of members and employees. 1. Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day or portion thereof for attendance at meetings of the Board. 2. While engaged in the business of the Board, each…

NRS 618.605 Administrative review: Notice; hearing; notification of family members of deceased employees; participation of employees. 1. Upon the receipt of any written appeal or notice of contest under NRS 618.475, the Division shall within 15 working days notify the Board of su…

NRS 618.625 Assessment, amount, payment and recovery of administrative fines; “serious violation” defined. 1. The Division may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the …

NRS 618.635 Willful or repeated violations. Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine in a monetary amount …

NRS 618.645 Serious and nonserious violations. Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, must be assessed an administrative fi…

NRS 618.655 Failure to correct violations. Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction may be assessed an administrative fine in a monetary amount authorized pursuant to subse…

NRS 618.665 Refusal to submit records for inspection. Any employer who willfully refuses to submit his or her records for inspection, as provided by NRS 618.325, to the Administrator or the Administrator’s representative must be assessed an administrative fine of $200 for each of…

NRS 618.675 Failure to post and maintain notices and records. 1. An employer who fails to post the notice and records as required under the provisions of this chapter must be assessed an administrative fine in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 f…

NRS 618.685 Violation causing death of employee. Any employer who willfully violates any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, where the violation causes the death of any employee, shall be puni…

NRS 618.695 Unauthorized advance notice of inspection. 1. Any person who gives advance notice of any inspection of a workplace to be conducted under this chapter, without authority from the Administrator shall be punished by a fine of not more than $2,000 or by imprisonment in th…

NRS 618.705 False statements, complaints or entries; concealment of information. Any person who: 1. Knowingly makes a false statement or representation of a material fact; 2. Knowingly files a false oral or written complaint alleging that a violation of a safety or health standar…

NRS 618.710 Unlawful use of title or designation indicating recognition or certification as professional in field of occupational safety and health; revocation of license; penalty. 1. A person shall not hold himself or herself out as: (a) An associate safety professional or use i…

NRS 618.715 Separate and continuing offenses. Each violation of any provision of this chapter, or any part or portion thereof, is a separate and distinct offense, and in the case of a violation continuing past the abatement date, each day’s continuance thereof constitutes a separ…

NRS 618.720 Separate lavatories for men and women to be provided; penalty. 1. It shall be unlawful for any person, firm, association or corporation, employing in the same building or on the same premises five or more males and three or more females, to fail to provide separate la…

NRS 618.7301 Definitions. As used in NRS 618.7301 to 618.7318, inclusive, unless the context otherwise requires, the words and terms defined in NRS 618.7302 to 618.7311, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2019, 3671)

NRS 618.7302 “Alarm” defined. “Alarm” means a mechanical or electronic communication system that does not rely on the vocalization of a person to alert others to an incident of workplace violence. (Added to NRS by 2019, 3671)

NRS 618.7303 “Dangerous weapon” defined. “Dangerous weapon” means an item capable of inflicting death or serious bodily injury, regardless of whether the item was designed for that purpose. (Added to NRS by 2019, 3671)

NRS 618.7304 “Engineering control” defined. “Engineering control” means an aspect of a building, other designed space or device that removes a hazard from the workplace or creates a barrier between an employee or other provider of care and the hazard. The term includes one or mor…

NRS 618.7305 “Medical facility” defined. “Medical facility” means: 1. A hospital, as defined in NRS 449.012; 2. A psychiatric hospital, as defined in NRS 449.0165; 3. An agency to provide nursing in the home, as defined in NRS 449.0015, that has at least 50 employees; 4. An indep…

NRS 618.7306 “Patient-specific risk factor” defined. “Patient-specific risk factor” means a factor specific to a patient that may increase the likelihood or severity of an incident of workplace violence. The term includes one or more of the following: 1. The mental health of a pa…

NRS 618.7307 “Public safety agency” defined. “Public safety agency” means: 1. A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires; 2…

NRS 618.7308 “Security guard” defined. “Security guard” has the meaning ascribed to it in NRS 648.016. (Added to NRS by 2019, 3672)

NRS 618.7309 “Threat of violence” defined. “Threat of violence” means a statement or conduct that: 1. Results in a reasonable person fearing for his or her safety because of the likelihood of physical injury; and 2. Has no legitimate purpose. (Added to NRS by 2019, 3672)

NRS 618.7310 “Work practice control” defined. “Work practice control” means a procedure or rule that is used to reduce the risk of workplace violence, including, without limitation: 1. Assigning and placing staff in a manner that reduces patient-specific risk factors; 2. Employin…

NRS 618.7311 “Workplace violence” defined. “Workplace violence” means any act of violence or threat of violence that occurs at a medical facility, except for a lawful act of self-defense or defense of another person. The term includes, without limitation: 1. The use or threatened…

NRS 618.7312 Medical facility required to establish committee on workplace safety and develop plan relating to workplace violence; contents of plan. 1. A medical facility shall: (a) Establish a committee on workplace safety, which must consist of: (1) If a staffing committee has …

NRS 618.7313 Requirements for training provided under plan relating to workplace violence; medical facility required to collaborate with committee on workplace violence. 1. The training provided under the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312 mu…

NRS 618.7314 Requirements for procedures included in plan relating to response and investigation of incidents of workplace violence. The procedures for responding to and investigating incidents of workplace violence included in the plan adopted pursuant to paragraph (b) of subsec…