The fact that volunteer firefighters are employees for purposes of workers compensation coverage is too tenuous to be an indirect gain to achieve jurisdiction of the Division of Industrial Relations for purposes of OSHA regulations. However, those volunteer firefighters who participate in the Public Employees Retirement System, with contributions paid on their behalf, are receiving sufficient gain to put their workplace within the jurisdiction of the Division.
Volunteer firefighters are employees for purposes of industrial insurance.
It has long been the interpretation of the Division that being an employee for purposes of chapter 616 does not, of itself, bring volunteer firefighters within the ambit of chapter 618, which is known as the Nevada Occupational Safety and Health Act. The purpose of chapter 618 is to provide safe and healthful working conditions for every employee by establishing and enforcing regulations, providing for education and training of employees and establishing reporting procedures for job-related accidents and illnesses. An employer includes any unit of local government. The Division has authority over working conditions in all places of employment except conditions that may exist in household domestic service, that may exist in motor vehicles operating on public highways, or that are regulated by certain federal acts not relevant to the question before us. Our analysis examines whether there is any direct or indirect gain or profit realized by volunteer firefighters.