reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 or caused to be instituted any proceeding under or related to this chapter, has testified or is about to testify in any such proceeding, has performed an action described in subsection 3 of NRS 618.7315 or because of the exercise by the employee on behalf of himself, herself or others of any right afforded by this chapter.
2. Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3 with the Division. Any complaint must be filed with the Division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.
3. Upon receipt of the complaint by the Division, the Administrator shall cause such investigation to be made as the Administrator deems appropriate. If upon investigation, the Administrator determines that the provisions of subsection 1 have been violated, the Administrator shall bring an action in the name of the Administrator in any appropriate district court against the person who has committed the violation.
4. If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.
5. Any decision reached by the Administrator relating to the filing of an action pursuant to this section must be made available to the complaining employee within 90 days after the Division’s receipt of the complaint.
(Added to NRS by 1973, 1024; A 1975, 771; 1981, 1512; 1991, 2434; 2013, 43; 2019, 3677)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 chapter, the Division shall with reasonable promptness issue a citation to the employer. Each citation must be in writing and describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated. In addition the citation must fix a reasonable time for the abatement of the violation. The Administrator may prescribe procedures for the issuance of a notice in lieu of a citation with respect to:
(a) Minor violations which have no direct or immediate relationship to safety or health; and
(b) Violations which are not serious and which the employer agrees to correct within a reasonable time.
2. Each citation issued under this section, or a copy or copies thereof, must be prominently posted as prescribed in regulations adopted by the Administrator at or near each place a violation referred to in the citation occurred.
3. No citation may be issued under this section after 6 months following the occurrence of any violation.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 587, 1513)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 30 calendar days within which to notify the Division that the employer wishes to contest the citation or proposed assessment of penalty. If, within 30 calendar days from the receipt of the notice issued by the Division, the employer fails to notify the Division that the employer intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond the reasonable control of the employer, the Division shall issue an order affirming or modifying the abatement requirements in the citation.
2. In the case of an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, if an employer notifies the Division that the employer wishes to contest a citation or proposed assessment of penalty, the Division shall provide the Board with information as to how to contact the immediate family of each deceased employee.
3. Any employee or the representative of the employee alleging that the time fixed in the citation for the abatement of a violation by his or her employer is unreasonable may, within 30 calendar days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearing before the review board.
4. If no appeal is filed by an employee or the representative of the employee under subsection 3 within the time limit of 30 calendar days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.
(Added to NRS by 1973, 1019; A 1975, 772; 1981, 1513; 2009, 815; 2015, 1691; 2019, 603)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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, the Division shall use its best efforts to interview the immediate family of each deceased employee to obtain any information relevant to the investigation, including, without limitation, information which the deceased employee shared with the immediate family.
2. If, after the investigation of the accident or crash, the Division issues a citation under the provisions of this chapter, the Division shall offer to enter into a discussion with the immediate family of each deceased employee within a reasonable time after the Division issues the citation.
3. During the discussion described in subsection 2, the Division shall provide each family with:
(a) Information regarding the citation and abatement process;
(b) Information regarding the means by which the family may obtain a copy of the final incident report and abatement decision of the Division; and
(c) Any other information that the Division deems relevant and necessary to inform the family of the outcome of the investigation by the Division.
(Added to NRS by 2009, 815; A 2011, 1938; 2015, 1691)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 record.
(Added to NRS by 1973, 1022; A 1981, 1514)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 witnesses’ fees must be audited and paid by the Division.
3. No witness subpoenaed at the instance of a party other than the Division is entitled to compensation from the Division unless the Division certifies that the testimony of the witness was material to the matter investigated.
(Added to NRS by 1973, 1022; A 1981, 1514; 1993, 1885)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 lawfully interrogated, then the district judge of the county in which the person resides, on application of the Administrator or the Administrator’s representative, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from the court on a refusal to testify therein.
(Added to NRS by 1973, 1022; A 1981, 1514)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 of Nevada, the statutes of this State and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.
2. Verification of any pleading, affidavit or other paper required may be made by the Division.
3. In any action or proceeding or in the prosecution of any appeal by the Division, no bond or undertaking may be required to be furnished by the Division.
(Added to NRS by 1973, 1021; A 1981, 1514; 1993, 1885)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 any prosecution for the violation of any of the provisions, and must, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement for safety and health unless, before the institution of the prosecution, proceedings for a rehearing thereon or a review thereof have been instituted and not finally determined.
(Added to NRS by 1973, 1022; A 1975, 773; 1981, 1514; 1987, 312)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 physical harm immediately or before the imminence of the danger can be eliminated through the other enforcement procedures provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove the imminent danger and prohibit the employment or presence of any person in locations or under conditions where the imminent danger exists, except persons whose presence is necessary to avoid, correct or remove the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner.
2. An order issued pursuant to subsection 1 becomes effective upon delivery to the employer or other person in charge of the place of employment where the danger exists. If, within 15 days after the effective date of the order, the employer fails to notify the Division that the employer wishes to contest the order, the order shall be deemed a final order and is not subject to review by any court or agency. If the employer contests the order within 15 days after the effective date of the order and the Division does not rescind or modify the order as requested, the employer may petition the court for relief. Upon the filing of such a petition, the district court may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter.
3. Whenever and as soon as a representative of the Division concludes that conditions or practices described in subsection 1 exist in any place of employment, the representative shall inform the affected employees and employers of the danger and that he or she is recommending to the Administrator that an emergency order be issued.
(Added to NRS by 1973, 1014; A 1975, 773; 1981, 1515; 1989, 471)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 may bring an action against the Administrator in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the Administrator to issue such an order and for such further relief as may be appropriate.
(Added to NRS by 1973, 1015; A 1975, 773; 1981, 1538; 1989, 472)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 representatives of management.
(b) Two members who are representatives of labor.
(c) One member who is a representative of the general public.
(d) One person to serve as an alternate for the representative of the general public when that member is unable to attend a meeting of the Board.
At least one of the members appointed pursuant to paragraph (a) or (b) must be knowledgeable regarding occupational safety or health.
3. After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms.
4. No person employed by the Division may serve as a member of the Board.
(Added to NRS by 1973, 1020; A 1977, 1247; 1981, 69, 1515; 1993, 1885; 1995, 335)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 rules and regulations governing the conduct of review hearings; and
(c) Perform such other duties as the Division may prescribe.
2. The Board may employ legal counsel to advise it concerning matters which come before it.
3. A quorum of the Board must be present in order for the conduct of review hearings or other business.
4. A quorum consists of at least three members of the Board, at least one of whom must represent labor and one of whom must represent management.
5. All decisions of the Board must be determined by a majority decision.
6. A complete record of every review hearing must be made.
7. If the alternate for the regular member representing the general public attends a meeting of the Board in the place of the regular member, the alternate fully assumes the duties, rights and responsibilities for the duration of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend that meeting.
(Added to NRS by 1973, 1021; A 1975, 774; 1981, 588, 1515; 1993, 1885; 1995, 335)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1973, 1021; A 1975, 302, 774; 1981, 1990; 1985, 444; 1989, 1722)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 such an appeal or contest.
2. The Board shall hold a formal fact-finding hearing and render its decision based on the evidence presented at the hearing.
3. Prior to any formal fact-finding hearing involving a citation for an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, the Board shall notify the immediate family of each deceased employee of:
(a) The time and place of the hearing; and
(b) The fact that the hearing is open to the public.
4. Any employee of an employer or representative of the employee may participate in and give evidence at the hearing, subject to rules and regulations of the Board governing the conduct of such hearings.
(Added to NRS by 1973, 1020; A 1975, 774; 1981, 1516; 2009, 816; 2015, 1692)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 employer, the gravity of the violation, the good faith of the employer and the history of previous violations.
2. The administrative fines which may be imposed pursuant to NRS 618.635, 618.645, 618.655 and 618.675 may not be greater than the monetary amount of the corresponding civil penalty for the applicable violation pursuant to 29 U.S.C. § 666, including any adjustments made to the civil penalty pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74.
3. For purposes of this chapter, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in that place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
4. Administrative fines owed under this chapter must be paid to the Division. The fines may be recovered in a civil action in the name of the Division brought in a court of competent jurisdiction in the county where the violation is alleged to have occurred or where the employer has his or her principal office.
(Added to NRS by 1973, 1022; A 1975, 774; 1981, 588, 1516; 2019, 604)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 authorized pursuant to subsection 2 of NRS 618.625 for each willful violation.
(Added to NRS by 1973, 1022; A 1991, 2013; 2019, 605)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 fine in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each such violation. If a violation is specifically determined to be of a nonserious nature an administrative fine in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 may be assessed.
(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013; 2019, 605)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 subsection 2 of NRS 618.625 for each day during which the failure or violation continues. If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the Division.
(Added to NRS by 1973, 1023; A 1981, 1516; 1989, 466; 1991, 2013; 2019, 605)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 offense.
(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 466)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 for each violation.
2. An employer who fails to maintain the notice or notices and records required by this chapter must be assessed an administrative fine in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each violation.
(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013; 2019, 605)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 punished:
1. For a first offense, for a misdemeanor by a fine of not more than $50,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
2. For a second or subsequent offense, for a gross misdemeanor by a fine of not more than $100,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.
(Added to NRS by 1973, 1023; A 1989, 466; 2003, 986; 2013, 989)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 the county jail for not more than 6 months, or by both fine and imprisonment.
2. This section does not prohibit any employer from requesting consultative services at the workplace.
(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 467)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 standard exists that threatens physical harm, or that an imminent danger exists;
3. Knowingly fails to disclose a material fact in any document, report or other information; or
4. Willfully makes a false entry in, or willfully conceals, withholds or destroys any books, records or statements required under the provisions of this chapter,
shall be punished by a fine of not more than $20,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
(Added to NRS by 1973, 1023; A 1989, 472)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 separate and distinct offense.
(Added to NRS by 1973, 1023)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 lavatories or toilet rooms for each sex and to fail to designate the same plainly by a printed or painted sign on the door of the lavatory or toilet room so provided.
2. Any person, firm, association or corporation violating the provisions of this section shall be guilty of a misdemeanor.
3. In conjunction with peace officers, the Labor Commissioner shall investigate and report to the proper officer any violation of this section.
4. This section shall not apply to:
(a) Persons, firms, associations or corporations located in office buildings where there are lavatories or toilet rooms for each sex reasonably accessible within the building.
(b) Persons employing servants or other domestics in their homes or residences.
[1:49:1925; NCL § 2812] + [2:49:1925; NCL § 2813] + [3:49:1925; NCL § 2814] + [4:49:1925; NCL § 2815]—(NRS A 1967, 637)—(Substituted in revision for NRS 618.320)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 more of the following:
1. Electronic access controls to areas occupied by employees or other providers of care;
2. Detectors for weapons, whether installed or handheld;
3. Workstations enclosed with glass that is resistant to shattering;
4. Deep service counters;
5. Separate rooms or areas for patients that pose a high risk of workplace violence;
6. Locks on doors;
7. Furniture affixed to the floor;
8. Opaque glass in rooms for patients that allows an employee or other provider of care to see the location of the patient before entering the room;
9. Closed-circuit television monitoring and video recording;
10. Devices designed to aid the sight of an employee or other provider of care;
11. Personal alarm devices; or
12. Any other measure or device that removes a hazard from the workplace or creates a barrier between an employee or other provider of care and a hazard.
(Added to NRS by 2019, 3671)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 independent center for emergency medical care, as defined in NRS 449.013;
5. A facility for intermediate care, as defined in NRS 449.0038;
6. A facility for skilled nursing, as defined in NRS 449.0039;
7. A facility for modified medical detoxification, as defined in NRS 449.00385; or
8. A community triage center, as defined in NRS 449.0031.
(Added to NRS by 2019, 3672; A 2019, 3680)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 patient;
2. The status of a patient’s treatment and medication;
3. A history of violent acts by the patient;
4. The use of drugs or alcohol by the patient; or
5. Any other condition that may cause a patient to experience confusion or disorientation, fail to respond to instruction or behave unpredictably.
(Added to NRS by 2019, 3672)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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. A law enforcement agency as defined in NRS 277.035; or
3. An emergency medical service.
(Added to NRS by 2019, 3672)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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. Employing or contracting with security guards when applicable; and
3. Providing training on methods to prevent workplace violence and respond to incidents of workplace violence.
(Added to NRS by 2019, 3672)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 use of physical force against an employee or other provider of care, regardless of whether the employee or other provider of care is physically or psychologically injured; and
2. An incident involving the use or threatened use of a firearm or other dangerous weapon, regardless of whether an employee or other provider of care is physically or psychologically injured.
(Added to NRS by 2019, 3673)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 must address the risks of workplace violence that an employee or other provider of care may be reasonably anticipated to encounter on his or her job and must include, without limitation, instruction concerning:
(a) An explanation of the plan, the manner in which the medical facility plans to address incidents of workplace violence, the manner in which an employee may participate in reviewing and revising the plan and any information necessary for employees and other providers of care to perform the duties that may be required of each employee or other provider of care under the plan;
(b) Recognizing situations that may result in workplace violence;
(c) When and how to respond to and seek assistance in preventing or responding to workplace violence;
(d) Reporting incidents of workplace violence to the medical facility and public safety agencies when appropriate;
(e) Resources available to employees and other providers of care in coping with incidents of workplace violence, including, without limitation, debriefing processes established by the medical facility for use after an incident of workplace violence and available programs to assist employees and other providers of care in recovering from incidents of workplace violence; and
(f) For each employee or other provider of care who has contact with patients, training concerning verbal intervention and de-escalation techniques that:
(1) Allows the employee or other provider of care to practice those techniques with other employees and other providers of care with whom he or she works; and
(2) Includes a meeting to debrief each practice session conducted pursuant to subparagraph (1).
2. A medical facility shall collaborate with the committee on workplace safety established pursuant to paragraph (a) of subsection 1 of NRS 618.7312 in developing, reviewing and revising the training provided under the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312 and any curricula or materials used in that training.
(Added to NRS by 2019, 3674)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 subsection 1 of NRS 618.7312 must include, without limitation, procedures to:
1. Maintain and use alarms or other communications systems to allow employees and other providers of care to seek immediate assistance during an incident of workplace violence;
2. Ensure an effective response to each incident of workplace violence, including, without limitation, by ensuring that members of the staff of the medical facility are trained to address such incidents and designated to be available to immediately assist in the response to such an incident without interrupting patient care;
3. Provide timely medical care or first aid to employees or other providers of care who have been injured in an incident of workplace violence;
4. Identify each employee or other provider of care involved in an incident of workplace violence;
5. Offer counseling to each employee and other provider of care affected by an incident of workplace violence;
6. Offer the opportunity for each employee and other provider of care, including, without limitation, supervisors and security guards, involved in an incident of workplace violence to debrief as soon as possible after the incident at a time and place that is convenient for the employee or other provider of care;
7. Review any patient-specific risk factors and any measures specified to reduce those factors;
8. Review the implementation and effectiveness of corrective measures taken under the plan; and
9. Solicit the feedback of each employee or other provider of care involved in an incident of workplace violence concerning the precipitating factors of the incident and any measures that may have assisted in preventing the incident.
(Added to NRS by 2019, 3674)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.7315 - Duties of medical facility.

1. A medical facility shall:
(a) Ensure that the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312 is effectively implemented at all times and in all units, areas and locations of the medical facility.
(b) Coordinate risk assessment and development and implementation of the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312 with employees who provide care in the medical facility.
(c) Implement engineering controls, work practice controls and other appropriate measures, as applicable, to prevent and mitigate the risk of workplace violence in all units, areas and locations of the facility. Such controls must meet the requirements prescribed in the regulations adopted pursuant to NRS 618.7317.
2. A medical facility shall:
(a) Encourage employees and other providers of care to report incidents of workplace violence and concerns about workplace violence and seek the assistance of a public safety agency in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312 to respond to an incident of workplace violence; and
(b) Report to the Division any incident of workplace violence that:
(1) Involves the use of physical force against an employee or other provider of care by a patient or a person accompanying a patient;
(2) Involves the use of a firearm or other dangerous weapon; or
(3) Presents a realistic possibility of death or serious physical harm to an employee or other provider of care.
3. A medical facility shall not prohibit an employee or other provider of care from reporting incidents of workplace violence or concerns about workplace violence or seeking the assistance of a public safety agency to respond to an incident of workplace violence in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312.
(Added to NRS by 2019, 3675)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.7316 - Records related to workplace violence: Duty of medical facility to maintain and make available to Division; prohibitions on certain content, maintenance and disclosure.

1. A medical facility shall maintain and make available to the Division upon request records related to incidents of workplace violence and actions taken in compliance with NRS 618.7312 to 618.7317, inclusive, and the regulations adopted pursuant thereto. Such records must include, without limitation:
(a) Records of the identification, evaluation and correction of hazards that increase the risk of workplace violence.
(b) A record of workplace violence which meets the requirements prescribed by the regulations adopted pursuant to NRS 618.7317.
(c) A record of each training session provided under the plan developed pursuant to paragraph (b) of subsection 1 of NRS 618.7312.
(d) A record of each report to the Division pursuant to paragraph (b) of subsection 2 of NRS 618.7315.
(e) Any additional information required by regulation of the Division.
2. Records maintained pursuant to NRS 618.7312 to 618.7317, inclusive, and the regulations adopted pursuant thereto must not include the personally identifiable information of any patient, employee of the medical facility or other provider of care at the medical facility. Such records must not be maintained or disclosed in a manner that violates NRS 449A.112 or the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto.
(Added to NRS by 2019, 3676)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.7317 - Regulations.

1. The Division shall, in consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, define by regulation the term "unit" for the purposes of NRS 618.7301 to 618.7318, inclusive.
2. In addition to the regulations adopted pursuant to subsection 1, the Division shall adopt regulations that:
(a) Prescribe minimum requirements for the procedures for assessing and responding to situations that create the potential for workplace violence included in the plan adopted pursuant to paragraph (b) of subsection 1 of NRS 618.7312.
(b) Prescribe minimum requirements for the engineering controls, work practice controls and other appropriate measures to prevent and mitigate the risk of workplace violence carried out pursuant to NRS 618.7315.
(c) Prescribe the required contents of a record of workplace violence maintained pursuant to NRS 618.7316.
(Added to NRS by 2019, 3676)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.7318 - Medical facility to submit annual summary of workplace injuries and illnesses; Division to make available certain summaries and reports.

1. A medical facility shall submit to the Division the most current annual summary of workplace injuries and illnesses compiled pursuant to 29 C.F.R. § 1904.32.
2. The Division shall make available on an Internet website maintained by the Division a copy of the most recent:
(a) Annual summary submitted by each medical facility in this State pursuant to subsection 1;
(b) Reports prepared by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 439.840 and 439.845; and
(c) Sentinel Event Data Summary published by The Joint Commission or its successor organization or, if that summary ceases to be published, a similar report selected by the Division.
(Added to NRS by 2019, 3676)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.750 - Definitions.

As used in NRS 618.750 to 618.850, inclusive, unless the context otherwise requires:
1. "Asbestos" means asbestiform varieties of:
(a) Chrysotile (serpentine);
(b) Crocidolite (riebeckite);
(c) Amosite (cummingtonite-grunerite);
(d) Anthophyllite;
(e) Tremolite; or
(f) Actinolite.
2. "Control of asbestos" means:
(a) The encapsulation, enclosure or removal of asbestos or material containing asbestos from a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;
(b) The abatement of the danger posed to human beings by the presence of asbestos or material containing asbestos in a building or structure, including any associated mechanical systems, whether inside or outside the building or structure;
(c) The repair, renovation or demolition of a building or structure containing asbestos or materials containing asbestos; or
(d) Any activity connected with that encapsulation, enclosure, removal, abatement, repair, renovation or demolition.
3. "Occupation" means a specific discipline involved in a project for the control of asbestos, including those tasks performed respectively by an inspector, management planner, consultant, project designer, contractor, supervisor or worker engaged in the control of asbestos.
4. "Worker" means any person actually engaged in work directly related to asbestos on a project for the control of asbestos who is not required to be licensed in any other occupation.
(Added to NRS by 1989, 1275; A 1997, 2106; 2013, 2744)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.755 - Scope.

NRS 618.750 to 618.850, inclusive, does not apply to:
1. The control of asbestos by a person in his or her own residence.
2. A person employed by a public utility which supplies electricity when performing emergency activities which include, but are not limited to:
(a) The removal of insulation containing asbestos on pipes;
(b) The removal of small quantities of insulation containing asbestos on beams or above ceilings;
(c) The replacement of a gasket containing asbestos on a valve;
(d) The installation or removal of a small section of drywall; and
(e) The installation of electrical conduits running through or proximate to materials containing asbestos,
if the person is trained by and works under the direction of a person who is capable of identifying existing hazards in a workplace which are related to asbestos, tremolite, anthophyllite or actinolite, and is authorized to take prompt corrective measures to eliminate them as set forth in 29 C.F.R. § 1926.32(f) on June 28, 1989.
(Added to NRS by 1989, 1276; A 2013, 2744)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.765 - Regulations of Division: Standards and procedures.

1. Not later than 60 days after June 28, 1989, the Division shall adopt regulations establishing standards and procedures for the licensure of each occupation which are at least as stringent as those contained in the Model Contractor Accreditation Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on January 1, 1989. The regulations must include standards for:
(a) Courses which provide initial training;
(b) Courses which provide a review of the initial training;
(c) Examinations;
(d) Qualifications;
(e) Renewal of licensure; and
(f) Revocation of licensure.
2. After consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the county air pollution control agencies designated pursuant to NRS 445B.500, the Division shall adopt standards for:
(a) Projects for the control of asbestos;
(b) Specifying the amount of asbestos within a material which must be present to qualify the material as a "material containing asbestos" for the purposes of NRS 618.750 to 618.850, inclusive;
(c) Laboratories which analyze building materials for the presence of asbestos;
(d) Laboratories which collect or analyze air samples for those projects; and
(e) The assessment of the exposure of occupants of a building at the completion of a project for the control of asbestos.
3. The Division shall by regulation adopt a standard for the assessment of the exposure of the occupants of a building to airborne asbestos. The standard:
(a) Must be set according to a time-weighted average concentration of asbestos fibers in the air, measured under normal occupancy conditions; and
(b) Must be at least as stringent as the corresponding federal standard, if one has been adopted.
4. The standard adopted pursuant to subsection 3 may be used:
(a) To assess the need to respond to the presence of asbestos in a building; or
(b) To determine which buildings or structures are most in need of such response.
The standard does not require the monitoring of the air of any building or structure, or create a duty for the Division to inspect any building or structure, except in connection with the enforcement of this chapter.
(Added to NRS by 1989, 1276; A 1993, 1886)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.770 - Assessments and fees: Establishment; collection; use.

1. The costs of carrying out the provisions of NRS 618.750 to 618.850, inclusive, must be paid from assessments payable by each insurer based upon expected annual expenditures for claims. The Division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers.
2. In addition, the Division shall by regulation establish a schedule of fees designed to recover revenue to defray the costs of carrying out the provisions of NRS 618.750 to 618.850, inclusive. The Division may collect fees for applications, the issuance and renewal of licenses, examinations, the review and approval of training courses, job notifications and inspections, recordkeeping, and any other activity of the Division related to the provisions of NRS 618.750 to 618.850, inclusive. The fee for the issuance or renewal of a license must not exceed $200.
3. Any fees collected pursuant to this section must be used to offset the assessments established pursuant to subsection 1.
4. As used in this section, "insurer" has the meaning ascribed to it in NRS 232.550.
(Added to NRS by 1989, 1278; A 1993, 1887)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.780 - Disposal of asbestos and material containing asbestos.

All asbestos and material containing asbestos removed from a building during a project to control asbestos must be disposed of in accordance with the regulations adopted by the State Environmental Commission for the disposal of asbestos and material containing asbestos.
(Added to NRS by 1989, 1280)