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2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.015 - Purpose of chapter.

1. It is the purpose of this chapter to provide safe and healthful working conditions for every employee by:
(a) Establishing regulations;
(b) Effectively enforcing such regulations;
(c) Educating and training employees; and
(d) Establishing reporting procedures for job-related accidents, motor vehicle crashes and illnesses.
2. The Legislature finds that such safety and health in employment is a matter greatly affecting the public interest of this State.
(Added to NRS by 1973, 1010; A 2015, 1689)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.085 - "Employee" defined.

"Employee" means every person who is required, permitted or directed by any employer to engage in any employment, or to go to work or be at any time in any place of employment, under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.
(Added to NRS by 1973, 1010; A 2003, 1518)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.095 - "Employer" defined.

"Employer" means:
1. The State of Nevada, any state agency, county, city, town, school district or other unit of local government;
2. Any public or quasi-public corporation;
3. Any person, firm, corporation, partnership or association; and
4. Any officer or management official having direction or custody of any employment or employee.
(Added to NRS by 1973, 1010; A 1975, 765)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.105 - "Employment" defined.

"Employment" means any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged.
(Added to NRS by 1973, 1010; A 1977, 582)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.115 - "General order" defined.

"General order" means any order which applies generally throughout the State to all employers and employees, employments or places of employment under the jurisdiction of the Division. All other orders of the Division are special orders.
(Added to NRS by 1973, 1011; A 1981, 1505; 1993, 1880)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.125 - "National standard" defined.

"National standard" means any standard or modification thereof which:
1. Has been adopted by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Administrator that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption.
2. Was formulated in a manner which afforded an opportunity for diverse views to be considered.
3. Has been designated as such a standard by the Administrator after consultation with other appropriate agencies.
(Added to NRS by 1973, 1011; A 1993, 1880)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.135 - "Order" defined.

"Order" means any decision, rule, regulation, direction, requirement or standard of the Division or any other determination arrived at or decision made by the Division under the safety and health provisions of this chapter.
(Added to NRS by 1973, 1011; A 1975, 766; 1981, 1505)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.155 - "Place of employment" defined.

"Place of employment" means any place, whether indoors or out or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business is carried on, including all construction work, and where any person is directly or indirectly employed by another for direct or indirect gain or profit.
(Added to NRS by 1973, 1011; A 1977, 582)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.185 - Division designated as responsible agency; cooperative agreements with other state agencies.

1. The Division is primarily responsible for occupational safety and health in this State.
2. The Division may enter agreements with state agencies by which these agencies complement each other’s services and work jointly in matters affecting occupational safety and health of employees.
(Added to NRS by 1973, 1011; A 1981, 1506)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.195 - State agencies and local governments to establish safety and health programs and comply with standards.

1. Each state agency and local government shall establish and maintain an effective and comprehensive occupational safety and health program consistent with the provisions promulgated under this chapter.
2. The state and local governments shall provide their employees with conditions of employment consistent with the objectives of this chapter, and comply with standards developed under NRS 618.295.
(Added to NRS by 1973, 1019; A 1975, 766)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.205 - Division to coordinate activities of state and local agencies.

For the purpose of carrying out the provisions of this chapter, the Division shall coordinate to the greatest extent practicable the occupational safety and health activities of all state and local agencies and shall advise, consult and cooperate with other agencies of this State, the Federal Government, agencies of other states, interstate agencies and with affected public and private organizations.
(Added to NRS by 1973, 1011; A 1981, 1506)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.215 - Training programs for Division’s personnel.

The Division may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make such personnel available for participation in any program or programs of any state agency in furtherance of the purposes of this chapter.
(Added to NRS by 1973, 1018; A 1981, 1506)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.235 - Division to be administered by Department of Business and Industry; review of Administrator’s decisions.

1. The Division must be administered by the Department of Business and Industry.
2. A decision on any question arising under the provisions of this chapter must be the decision of the Administrator, subject to review by the Department.
(Added to NRS by 1973, 1012; A 1981, 1506; 1985, 866; 1993, 1880)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.255 - Employees: Qualifications; conditions of employment.

1. The Division may employ such qualified employees as in the opinion of the Administrator are necessary to enforce the provisions of this chapter.
2. Any safety and health representative employed by the Division must have practical experience in the field of construction, trade, craft, technical skill, profession or industry in which the services of the representative are required.
3. The Administrator and other employees of the Division must not be financially interested in any business interfering with, or inconsistent with, their duties. Except as otherwise provided in NRS 284.143, the Administrator and other employees of the Division shall give their entire time to the business of the Division and shall not pursue any other business or vocation or hold any office of profit.
4. An employee of the Division shall not serve on any committee of any political party.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 582; 1981, 1507; 1985, 443; 1995, 2318)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.257 - Sections for Enforcement and for Safety and Health Consultation, Education, Information and Training: Establishment; duties; certain programs and services for small employers.

1. The Administrator shall establish:
(a) Within the Division a Section for:
(1) Enforcement; and
(2) Safety and Health Consultation, Education, Information and Training.
(b) Such duties, in addition to the duties described in subsections 2 and 3, as the Administrator deems necessary for the Sections established pursuant to paragraph (a).
2. If authorized by the Secretary of Labor, the Section for Enforcement shall develop a program for small employers to eliminate or abate hazards to the safety and health of employees. Except as otherwise provided by federal law, if a small employer complies with the program for small employers, the Section for Enforcement may reduce any penalty, fine or interest imposed pursuant to this chapter.
3. The Section for Safety and Health Consultation, Education, Information and Training shall establish:
(a) A toll-free telephone number within this State to provide advice to a small employer who seeks assistance in complying with the requirements of this chapter; and
(b) A program designed to assist a small employer in complying with the requirements of this chapter, including, as appropriate, the preparation and dissemination of pamphlets describing the requirements of this chapter.
(Added to NRS by 1999, 896)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.265 - Offices of Division.

1. The Division shall maintain its principal office in Carson City, Nevada.
2. The Division shall maintain suboffices at such places as industrial activity warrants. Suboffices may have complete facilities to supervise, regulate and enforce the provisions of this chapter.
(Added to NRS by 1973, 1012; A 1981, 1507)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.285 - Duties of Division.

The Division shall:
1. Prevent or abate hazards to the safety and health of employees;
2. Develop a program of eliminating or abating hazards;
3. Advise and recommend a program of safety and health applicable to public and state agencies;
4. Institute legal proceedings to compel compliance with this chapter or any rules, regulations, standards or orders adopted or issued under this chapter; and
5. Accept, receive and administer grants and other funds from any private or public source, including the Federal Government.
(Added to NRS by 1973, 1012; A 1981, 1507)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.295 - Regulations and standards; medical examination for exposure to hazard.

1. The Division shall adopt such regulations as are necessary to provide safe and healthful employment in those employments within its jurisdiction.
2. The Division shall not propose standards or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.
3. The Division may adopt by emergency regulation temporary emergency standards for the protection of employees who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards.
4. Standards established under this chapter must apply equally to all places of employment.
5. Standards or regulations must provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information must include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.
6. If an employee has been exposed to a hazard and the Division considers a medical examination necessary, the cost of the examination must be paid by the employer. The results of the examination must be furnished only to the Division and, at the request of the employee, to the employee’s physician.
7. Standards or regulations must prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring any exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.
8. All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards unless the Division, in accordance with federal law, adopts regulations establishing alternative standards that provide protection equal to the protection provided by those federal occupational safety and health standards.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 85; 1981, 1507; 1995, 1890)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.305 - Sources for standards.

The Division may consider the following sources in adopting standards under this chapter:
1. American National Standards Institute (ANSI).
2. American Society of Mechanical Engineers (ASME).
3. American Society for Testing and Materials (ASTM).
4. Code of Federal Regulations (CFR).
5. National Electrical Code (NEC).
6. National Fire Protection Association (NFPA).
7. Any national consensus standard.
8. Any safety order legally adopted by the Division.
(Added to NRS by 1973, 1013; A 1981, 1508)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.315 - Authority of Division over working conditions; limitations; safety orders.

1. The Division has authority over working conditions in all places of employment except as limited by subsection 2.
2. The authority of the Division does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this State; or
(c) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 801 et seq., the Federal Safety Appliance Act, 49 U.S.C. §§ 20301 et seq., or the Federal Railroad Safety Act of 1970, 49 U.S.C. §§ 20101 et seq., and any amendments thereto.
3. The Division may:
(a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the Division.
(b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.
(c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.
(d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.
(e) Except as otherwise provided in NRS 618.480, provide the method and frequency of making investigations, examinations and inspections.
(f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.
(g) Furnish blank forms upon request.
(h) Provide for adequate notice to each employer or employee of his or her right to administrative review of any action or decision of the Division as set forth in NRS 618.475 and 618.605 and to judicial review.
(i) Consult with the Division of Public and Behavioral Health of the Department of Health and Human Services with respect to occupational health matters in chapter 617 of NRS.
(j) Appoint and fix the compensation of advisers who shall assist the Division in establishing standards of safety and health. The Division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.
(Added to NRS by 1973, 1015, 1406; A 1975, 525, 767; 1977, 86, 582; 1981, 585, 1508; 1991, 2011; 1995, 648; 2011, 1937)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.325 - Powers of Administrator and representatives; entry and inspection of places of employment.

1. The Administrator and the Administrator’s representatives appointed under this chapter shall act with full power and authority to carry out and enforce the orders, standards and policies fixed by the Division, and for the purposes set forth in this chapter may:
(a) Certify to official acts;
(b) Take depositions;
(c) Issue subpoenas;
(d) Compel the attendance of witnesses; and
(e) Compel the production of books, papers, records, documents and testimony.
2. Upon presenting appropriate credentials to any employer, the Administrator or the Administrator’s representative may:
(a) Enter without delay and at reasonable times any place of employment; and
(b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, that place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any employer or an employee.
3. The Division shall not notify the employer of any randomly scheduled or customary regulatory inspection to be performed by the Division.
(Added to NRS by 1973, 1016; A 1975, 768; 1981, 1509; 1989, 469)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.336 - Record and logbook of complaints received from employees: Maintenance; contents; accessibility; retention.

1. The Division shall maintain a record of all oral complaints it receives under this chapter from employees or representatives of employees. The record must include a summary of the substance of each such complaint, a listing of any evidence offered to support the complaint, the date the employer was notified of the complaint and a notation of the action taken by the Division as a result of the complaint. The Division shall submit the record quarterly to the Advisory Council of the Division for review and comment.
2. In addition to the records maintained pursuant to subsection 1, the Division shall maintain a separate logbook which contains a notation of:
(a) Each oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;
(b) The action taken by the Division in response to each such complaint, including, as the case may be, a notation of the fact that:
(1) A special investigation was not made because the complaint was found to be groundless after a preliminary investigation;
(2) A special investigation was made which resulted in a finding that the complaint was based on reasonable grounds and the Division took such action as was deemed appropriate; or
(3) A special investigation was made which resulted in a finding that the complaint was not based on reasonable grounds;
(c) Each citation issued by the Division to an employer and the reason for its issuance;
(d) Each inspection performed regarding the employer; and
(e) Each penalty imposed by the Division on an employer and the reason therefor.
3. The Division shall respond to oral or written requests about the information contained in or compiled from the logbook and otherwise act as necessary to disseminate the information which is required to be compiled pursuant to this section. The logbook maintained pursuant to subsection 2 must be open to public inspection during the Division’s regular hours of operation.
4. The Division shall retain the records pertaining to its investigations and the records entered in the logbook maintained pursuant to this section for at least 5 years.
(Added to NRS by 1989, 467; A 1993, 1880)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.341 - Records of Division: Public inspection; copying; confidentiality; exception.

1. Except as otherwise provided in this section, the public may inspect all records of the Division which contain information regarding:
(a) An oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;
(b) The manner in which the Division acted on any such complaint;
(c) Any citation issued by the Division to an employer and the reason for its issuance; and
(d) Any penalty imposed by the Division on an employer and the reason therefor.
2. The Division shall, upon oral or written request and payment of any applicable charges, provide to any person a copy of any record of the Division which is open to public inspection pursuant to subsection 1. The first six pages reproduced pursuant to each such request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.
3. Except as otherwise provided in subsection 4 and NRS 239.0115, the Division shall keep confidential:
(a) The name of any employee who filed any complaint against an employer or who made any statement to the Division concerning an employer; and
(b) Any information which is part of a current investigation by the Division, but the fact that an investigation is being conducted is public information.
As used in this subsection, "current investigation" means any investigation conducted before the issuance of a citation or notice of violation or, if no citation or notice of violation is issued, an investigation which is not closed.
4. The Division shall, upon the receipt of a written request from a law enforcement agency, disclose otherwise confidential information to that law enforcement agency for the limited purpose of pursuing a criminal investigation.
(Added to NRS by 1989, 468; A 1999, 1856; 2007, 2129)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.345 - Programs for collection, compilation and analysis of statistics.

1. The Division shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the Division, cover all employments.
2. To carry out the provisions of subsection 1, the Division may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.
(Added to NRS by 1973, 1019; A 1975, 769; 1981, 1510; 1991, 2012, 2433; 1993, 623, 624, 1881, 2804; 1995, 579)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.347 - Report concerning issuance of certain citations by Division.

The Division shall submit a written report quarterly to the Advisory Council of the Division which lists each citation issued by the Division for a violation of NRS 618.375 during that quarter and the circumstances for which the citation was issued. Within 5 working days after submission of such a report to the Advisory Council, the Division shall transmit the report to the Legislative Counsel for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.
(Added to NRS by 1999, 2408)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.350 - Duties of Division regarding occupational safety and health.

The Division shall:
1. Develop a program of eliminating or abating hazards;
2. Advise and recommend a program of occupational safety and health applicable to public and state agencies; and
3. Provide for safety inspections and furnish advisory services to employers on measures to promote industrial safety and health.
(Added to NRS by 1991, 2432; A 1993, 1881)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.353 - Duties of Division regarding training and education of employers and employees.

1. The Division, after consultation with cooperating state agencies, shall:
(a) Conduct directly or by grants or contracts:
(1) Educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter.
(2) Informational programs on the importance of and proper use of adequate safety and health equipment in the workplace.
(b) Provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employments covered by this chapter.
(c) Consult with and advise employers and employees and organizations representing employers and employees as to effective means of preventing occupational injuries and diseases. Consultative services must not detract from the enforcement efforts.
2. The Division shall request competitive bids for the development of educational and informational programs required by this section.
3. The Division shall allocate the money necessary to carry out the educational and informational programs required by this section.
(Added to NRS by 1973, 1018; A 1981, 1506; 1991, 2433; 1993, 1881)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.365 - Scope of chapter; limited disclosure of information of Division; protection of trade secrets.

1. This chapter does not supersede or in any manner affect the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act or enlarge, diminish or affect in any other manner the common-law or statutory rights, duties or liabilities of employers and employees under the laws of this State with respect to injuries, occupational or other, diseases or death of employees arising out of or in the course of employment.
2. Statements, reports and information obtained or received by the Division in connection with an investigation under, or the administration or enforcement of, the provisions of this chapter must not be admitted as evidence in any civil action other than an action for enforcement, variance hearing or review under this chapter.
3. Any report of investigation or inspection or any information concerning trade secrets or secret industrial processes obtained under this chapter must not be disclosed or open to public inspection, except:
(a) As such information may be disclosed to other officers or employees concerned with carrying out this chapter;
(b) When relevant in any court proceeding under this chapter; or
(c) As otherwise provided in NRS 618.341.
4. The Division, the courts, and where applicable, the review board may issue such orders as may be appropriate to protect the confidentiality of trade secrets.
(Added to NRS by 1973, 1021; A 1975, 769; 1981, 1510; 1989, 469; 1999, 1856)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.370 - Access by employees, former employees and their representatives to records of employers; charge for copies.

1. Employees, former employees and representatives of employees or former employees are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents. Employers and former employers shall, upon request, provide copies of the records to the employees, former employees or representatives within 72 hours after receipt of the request.
2. If a copy of a record is provided pursuant to this section, the first six pages reproduced pursuant to the request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction.
3. For the purposes of this section, "representative of an employee or former employee" means:
(a) A person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
(b) An attorney acting for an affected employee or former employee.
(c) The spouse, parent or child of an affected employee or former employee.
(d) Any person designated by a court to act as the official representative for the estate of an affected employee or former employee.
(Added to NRS by 1975, 775; A 1981, 1511; 1989, 469)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.375 - Duties of employers.

Every employer shall:
1. Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his or her employees.
2. Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the Division.
3. Post prominently in the working place all posters and information provided by the Division informing employees of their rights and obligations pursuant this chapter.
4. Assign at least one person to be in charge of occupational safety and health.
5. Do every other thing reasonably necessary to protect the lives, safety and health of employees.
(Added to NRS by 1973, 1018; A 1975, 770; 1981, 1511; 1991, 2434; 1993, 1882)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.376 - Employer to provide employee with rights and responsibilities to promote safety in workplace; regulations.

1. Every employer shall, upon hiring an employee, provide the employee with a document or videotape setting forth the rights and responsibilities of employers and employees to promote safety in the workplace. The document, or evidence of receipt of the videotape, must be signed by the employer and employee and placed in the employee’s personnel file. The document or videotape shall not be deemed to be a part of any employment contract.
2. The Division shall adopt regulations specifying the contents of such a document or videotape and establishing requirements for making the document or videotape available in different languages.
(Added to NRS by 1991, 2432; A 1993, 1882; 1999, 863)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.3785 - Division to provide notice to certain persons affected by certain accidents or motor vehicle crashes under certain circumstances.

1. If an accident or motor vehicle crash occurs in the course of employment which is fatal to one or more employees or which results in the hospitalization of three or more injured employees, the Division shall, as soon as practicable:
(a) Provide to each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee a written description of the rights of such persons with regard to an investigation of the accident or crash; and
(b) Notify each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee of:
(1) The commencement by the Division of any investigation of the accident or crash;
(2) The result of any informal conference between the employer and the Division;
(3) The finalization of any agreement between an employer and the Division which formally settles an issue related to the accident or crash;
(4) The issuance of any citation under the provisions of this chapter related to the accident or crash;
(5) The receipt by the Division of notice from an employer that the employer wishes to contest or appeal any action or decision of the Division which relates to the accident or crash; and
(6) The completion by the Division and, if applicable, the Board of any investigation of the accident or crash and any proceeding related to the accident or crash.
2. As used in this section, "representative of each deceased or injured employee" means:
(a) A person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer of the employee and represents the employee.
(b) An attorney acting on behalf of the employee.
(c) A person designated by a court to act as the official representative for the employee or the estate of the employee.
(Added to NRS by 2011, 1937; A 2015, 1690)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.379 - Dismantling or removal of equipment causing certain accidents or motor vehicle crashes prohibited under certain circumstances; questioning of persons necessary for investigation.

1. Except as otherwise provided in subsection 2, if any accident or motor vehicle crash occurring in the course of employment is fatal to one or more employees or results in the hospitalization of three or more employees, and is caused, in whole or in part, by any equipment located at the site of the accident or crash, no person may dismantle or otherwise move that equipment until the Division has investigated the accident or crash and has authorized the dismantling or removal of the equipment.
2. The provisions of subsection 1 do not apply if the dismantling or removal of the equipment is necessary to free any person trapped by the equipment or to ensure the safety of or to prevent further injury to any person. If any equipment is dismantled or moved to free a trapped person, the equipment may be dismantled or moved only to the extent necessary to free the person.
3. Upon the occurrence of an accident or crash described in subsection 1, the employer of an injured employee shall, upon the arrival of an investigator of the Division at the site of the accident or crash, make available for questioning in a reasonable amount of time any person employed by the employer who is determined by the investigator to be necessary for the completion of the investigation, including the immediate supervisor of any injured employee and any employee who witnessed the accident or crash.
4. As used in this section, "accident or motor vehicle crash occurring in the course of employment" does not include:
(a) An accident or crash involving a motor vehicle that is being operated on a public highway in this State.
(b) A homicide committed at an employer’s place of business.
(Added to NRS by 1995, 73; A 2015, 1690)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.380 - Employee to be notified of harmful exposure and corrective action.

Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard adopted under this chapter, and shall inform such employee of any action being taken to correct the condition.
(Added to NRS by 1975, 775)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.384 - Establishment of safety program: Employers encouraged to employ persons who have completed certain training in basic emergency care of persons in cardiac arrest.

The Administrator shall encourage all employers who are required to establish a written safety program pursuant to NRS 618.383 to include as a part of that program the employment of a person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:
1. Included training in the operation and use of an automated external defibrillator; and
2. Was conducted in accordance with the standards of the American Heart Association or the American National Red Cross.
(Added to NRS by 1997, 1790; A 1999, 938)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.385 - Employers not to maintain unsafe or unhealthy places of employment.

An employer shall not:
1. Require, permit or suffer any employee to go or be in any employment or place of employment which is not safe and healthful.
2. Fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe and healthful.
3. Fail or neglect to do every other thing reasonably necessary to protect the life, safety and health of such employees.
4. Maintain any place of employment that is not safe and healthful.
(Added to NRS by 1973, 1018; A 1975, 770)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.395 - Construction and maintenance of unsafe or unhealthy place of employment prohibited.

An employer, owner or lessee of any real property in this State shall not construct, cause to be constructed or maintained any place of employment that is not safe and healthful.
(Added to NRS by 1973, 1018; A 1975, 770)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.405 - Removal of or interference with safety devices or safeguards by employee prohibited.

1. An employee shall not remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person.
2. An employee shall not interfere with the use of any method or process adopted for the protection of any employee, including himself or herself, in such employment or place of employment.
3. Each employee shall comply with occupational safety and health standards and all rules, which are applicable to his or her own actions and conduct.
(Added to NRS by 1973, 1018)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.415 - Permanent variances from standards.

Any affected employer may apply to the Administrator for a rule or order for a permanent variance from a standard adopted under this chapter. Affected employees must be given notice of each application and an opportunity to participate in a hearing. The Administrator shall issue the rule or order if the Administrator determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the permanent variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his or her employees which are as safe and healthful as those which would prevail if the employer complied with the standard. The rule or order must prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which the employer must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the Administrator on his or her own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months after its issuance.
(Added to NRS by 1973, 1013; A 1977, 584; 1981, 586; 1993, 1883)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.417 - Variance from standard: Participation in experiments to safeguard health or safety.

The Administrator may grant a variance from any standard or portion thereof whenever the Administrator determines that a variance is necessary to permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
(Added to NRS by 1977, 584; A 1993, 1884)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › NRS 618.419 - Variance from standard: Application for temporary order; notice and hearing.

1. Any employer may apply to the Administrator for a temporary order granting a variance from a standard which has been adopted pursuant to this chapter but has not become effective. The temporary order may be granted only if the employer files an application which meets the requirements of subsection 2 and, after notice to the affected employees and an opportunity for a hearing, establishes that:
(a) The employer will not be able to comply with the standard by its effective date because of the unavailability of necessary professional or technical personnel or materials and equipment or because necessary construction or alteration of facilities cannot be completed by that date;
(b) The employer is taking all available steps to safeguard his or her employees against the hazards covered by the standard; and
(c) The employer has a program which will bring the working conditions into compliance with the standard as quickly as practicable.
2. The application for such a temporary order must contain:
(a) A specification of the standard or portion thereof from which the employer seeks a variance;
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor;
(c) A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;
(d) A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and what steps the employer will take, with dates specified, to come into compliance with the standard; and
(e) A certification that the employer has informed his or her employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed must be contained in the certification. The information to employees must also inform them of their right to petition to the Administrator for a hearing.
(Added to NRS by 1977, 585; A 1993, 1884)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 processes which the employer must adopt and use while the order is in effect; and
(b) The program to be carried out by the employer to achieve compliance with the standard.
2. Such a temporary order is effective for the period needed by the employer to achieve compliance with the standard or 1 year, whichever period is shorter. The temporary order may be renewed, but not more than twice, if:
(a) The requirements of subsection 1 of NRS 618.419 are met; and
(b) An application for renewal is filed at least 90 days before the expiration date of the order.
Each renewal may remain in effect no longer than 180 days.
3. The Administrator may issue one interim order to be effective until a decision is made on the basis of the hearing.
(Added to NRS by 1977, 585; A 1993, 1884)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 official or other similar authority, believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice, orally or in writing, to the Administrator or the Administrator’s representative of the violation or danger.
2. The person giving the notice must state with reasonable particularity the grounds for the notice. Except as otherwise provided in NRS 239.0115, the name of any employee giving a complaint notice or names of employees mentioned in the complaint must be held confidential. If the complaint is given orally, the Division shall send to the complainant a form upon which the complainant may supplement his or her oral complaint. The failure of the complainant to return the form does not affect the Division’s duty to act pursuant to this section.
3. If upon receipt of the notification the Division determines that there are reasonable grounds to believe that a violation or imminent danger exists, it shall make a special investigation within 14 days unless there is a substantial probability that death or serious physical harm could result from the violation or danger, then the investigation must be made immediately after the Administrator receives the notice to determine whether a violation or imminent danger exists. The Division need not investigate a complaint within the times required by this subsection if, from the facts stated in the complaint, the Administrator determines that the complaint is intended solely to harass the employer. If the Division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or other person who gave the notice of such determination within 14 days after the Administrator receives the notice.
(Added to NRS by 1973, 1017; A 1975, 770; 1981, 1511; 1989, 470; 2001, 1252; 2007, 2129)
2023 Nevada Revised Statutes › Chapter 618 - Occupational Safety and Health › 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 of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, may notify the Administrator or any representative of the Administrator responsible for conducting the inspection, orally or in writing, of any violation of this chapter which they have reason to believe exists in the workplace. The Division shall by regulation establish procedures for informal review of any refusal by a representative of the Administrator to issue a citation with respect to any such alleged violation and shall furnish the employees or other persons requesting the review a written statement of the reasons for the Administrator’s final disposition of the case within 14 days after the Administrator receives the notice.
2. An opportunity must be afforded to a representative of the employer and an authorized representative of the employees to accompany the representative of the Division during the physical inspection of the place of employment or, where there is no authorized representative of the employees, consultation must be had with a reasonable number of employees, but no more than one employee may accompany the Division’s representative during the inspection.
3. Any employee of the employer who accompanies the representative of the Division during the inspection pursuant to subsection 2 is entitled to be paid by the employer at the employee’s regular rate of pay for the time spent with the representative of the Division inspecting the place of employment if the employee would have otherwise been compensated for working during that time.
4. For the purposes of this section, "representative of an employee" means a person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 1512; 1989, 471; 2001, 1252)