Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 230 - DEPARTMENT OF LABOR › Chapter 6 - WORKPLACE SAFETY CONSULTATION PROGRAM › Section 230-6-001 - General responsibilities and administrative procedures

Current through June 17, 2024
A. This regulation is issued by the
				Department of Labor, State of Nebraska, pursuant to LB 757 (Laws, 1993),
				referenced in the Nebraska Statutes at
Neb. Rev. Stat.
'
				48-443,
et seq.
These regulations apply to Nebraska's public
				and private employers subject to workers' compensation and are meant to comply
				with requirements of the National Labor Relations Act.
B. Summary.
Neb. Rev. Stat.
' 48-443,
et seq.
requires public and private employers subject to Nebraska's Workers'
				  Compensation Act to establish safety committees and it creates the Workplace
				  Safety Consultation Program which requires the Department of Labor, Office of
				  Safety and Labor Standards to provide an inspection/consultation of worksites
				  to help develop occupational safety and health programs for employers with high
				  frequency or severity rates of work-related injuries. The law provides that
				  penalties be assessed for failure to establish a safety committee and refusal
				  of entry for inspections.
The regulation creates program components and prescribes the
				  manner and means of program distribution, implementation, and evaluation. This
				  regulation provides that the Department of Labor will perform inspections of
				  high-frequency employers referred by the Workers' Compensation Court and the
				  Department of Insurance in exchange for fees borne by each employer for those
				  services to ensure that the Workplace Safety Consultation Program covers costs
				  of administration.
C.
				Confidentiality.
All records made or maintained in accordance with these
				  regulations shall be kept confidential by the Department in accordance with the
				  provisions of
Neb. Rev. Stat.
' 48-612. All other parties
				  allowed access to records shall only use such information for the purposes of
				  the Act.
D. Definitions.
The Nebraska Department of Labor adopts the following
				  definitions:
1. "Abandoned Mine" means
				deserted mine areas where all work has stopped and further work is not evident
				or intended.
2. "Abate or
				Abatement" means to eliminate hazards identified by the Nebraska Department of
				Labor.
3. "Abatement Report" means
				a final written verification by the employer, provided to the Nebraska
				Department of Labor by the employer, that all hazards have been corrected,
				necessary programs have been initiated, and payment by the employer for
				inspection/consultation services provided by the Nebraska Department of Labor
				has been made.
4. "Act" means the
				Williams-Steiger Occupational Safety and Health Act (OSHA) of 1970 [see, 29 CFR
				1901.1- 1910.999, 29 CFR 1920.1000,
et seq.
for general
				industry; 29 CFR 1926 for construction] and/or the Mine Safety and Health Act
				(MSHA) of 1977 [see, 30 CFR, Parts 47 - 48, 50, and 56 - 57 for surface and
				underground metal and non-metal mines].
OSHA references may be obtained by calling 1-800-642 -8963 or
				  by writing to:
U.S. Government Bookstore
120 Bannister Mall
5600 E. Bannister Road
Kansas City, MO 64137
(816) 765-2256
MSHA references may be obtained by calling 202-783-3238 or by
				  writing to:
Superintendent of Documents
Government Printing Office
Washington, D.C. 20402
5. "Active Working Mine" means an area at,
				in, or around a surface or underground metal or non-metal mine or plant where
				employees work or travel.
6.
				"Administrative Hearing" means regulations already adopted under 230 NAC 3 by
				the commissioner for appeals, contested determinations, orders, etc.
7. "Administrative Subpoena" means the same
				as described under "administrative hearing".
8. "Business Establishment" means:
(a) location where business is conducted or
				where services or industrial operations are performed, or
(b) where the employer maintains records
				necessary to provide evidence of employer compliance with rules and regulations
				adopted by the Nebraska Department of Labor.
9. "Commissioner" means the Nebraska
				Commissioner of Labor.
10.
				"Complaint" means information, oral or written, provided to the employers
				safety committee, or the Nebraska Department of Labor, describing an unsafe or
				unhealthy conditions which the complainant believes to be true.
11. "Consultation" means those services
				provided by the Nebraska Department of Labor for a fee under
Neb. Rev.
				Stat.
' 48-443,
et seq.,
upon the request by an
				employer for assistance with occupational safety and health issues, to help
				establish and maintain compliance with federal OSHA or MSHA
				regulations.
12. "Department" or
				"Department of Labor" means the Nebraska Department of Labor.
13. "Determination Letter" means a written
				decision by the Commissioner regarding corrective action with respect to
				discrimination complaints.
14.
				"Discrimination Complaint" means information provided from an employee to the
				Department based upon an alleged employer reprisal for a complaint made by the
				employee to the Nebraska Department of Labor and/or safety committee.
15. "Division" means the Office of Safety and
				Labor Standards of the Nebraska Department of Labor and its personnel or
				designated representatives.
16.
				"Enforcement Authority" means, OSHA, MSHA, or that authority having the most
				responsibility or control over workplace safety and health conditions, such as
				Governor, Mayor, County Commissioner, Superintendent of Schools, Board of
				Directors, Special Districts, etc.
17. "Entry" means, for purpose of inspection,
				to gain access by the state's representative to the employer's entire work
				site, necessary personnel, and all records and documents required by the
				law.
18. "Fee" means payment by an
				employer for, but not limited to, consultations, inspections, and
				investigations to administer the Workplace Safety Consultation
				Program.
19. "Fiscal Year" means
				the twelve-month period beginning July 1 and ending June 30.
20. "A Fixed Site" means a single physical
				location where business is conducted or where services or industrial operations
				are performed.
21. "Frequency"
				means the number of compensable injuries and occupational diseases reported to
				the Workers' Compensation Court during a calendar year that result in a finding
				of a compensable injury pursuant to Nebraska's Workers' Compensation
				Law.
22. "Hazard" means any
				existing or potential condition in the workplace that, by itself or by
				interacting with other variables, can result in death, injury, property damage,
				and other loss.
23. "High Frequency
				Employer" means an employer identified and referred to the Department of Labor,
				by the Department of Insurance and/or Workers' Compensation Court.
24. "Illness" shall mean occupational Illness
				consisting of any abnormal condition or disorder other than one resulting from
				an occupational injury caused by exposure to factors associated with
				employment.
The following list provides, but is not limited to, five
				  categories of occupation illnesses and disorders that are often used for
				  classification occupational illnesses:
a. Occupational skin diseases or
				disorders.
b. Dust diseases of the
				lungs.
c. Respiratory conditions
				due to toxic agents.
d. Poisoning
				(systemic effects of toxic materials).
e. Disorders due to physical agents other
				than toxic such as heat exhaustion and frostbite.
25. "Imminent Danger" means any condition or
				practice which does not meet recognized industry standards in any place of
				employment which are such that immediate danger exists which could reasonably
				cause unexpected death or serious injury. (Requires abatement.)
26. "Incidence Rates" means the number of
				injuries and/or illnesses or lost workdays per 100 full-time workers and are
				calculated as (N/EH) X 200,000 where:
N= number of injuries and/or illnesses or lost
				  workdays
EH= total hours worked by all employees during the calendar
				  year
200,000= base for 100 full-time equivalent workers (working
				  40 hours per week, 50 weeks per year)
27. "Inspection" means the worksite
				evaluation, or any follow-up evaluation, for a fee, of a place of employment of
				a high-frequency employer referred by the Department of Insurance and/or the
				Workers' Compensation Court to the Department of Labor to assist the employer
				with occupational safety and health issues by establishing and maintaining
				compliance with federal OSHA or MSHA regulations.
28. "Law" means
Neb. Rev. Stat.
' 48-443,
et seq.
29. "LWDI" means Lost Workday Injury
				Rate.
30. "MSHA" means the federal
				Mine Safety and Health Act.
31.
				"Multiple Work Sites" means where employers have their employees perform
				services in more than one location.
32. "Non-fixed Site" means all geographical
				sites or locations within Nebraska where construction, drilling, or other
				movable operation is being performed by the employer.
33. "Notice of Appearance" means the written
				notice of the Department of its intent to interview employees and members of
				the employer's safety committee that may have information relating to an
				employee complaint that allegedly resulted in discharge or discrimination. Such
				notice of appearance shall be contained in the employer notification letter
				which is sent to an employer by the Department to initiate an
				investigation.
34. "Occupational
				Injury" means any injury such as a cut, fracture, sprain, amputation, etc.,
				which results from a work accident or from a single instantaneous exposure in
				the work environment.
35. "OSHA"
				means The Occupational Safety and Health Administration within the federal
				government.
36. "Other-than-serious
				Violations" means a dangerous condition where accident or illness would most
				likely result but would probably not cause death or serious injury, but would
				have a direct and immediate relationship to the safety and health of
				employees.
37. "Personal Protective
				Equipment (PPE)" means, but is not limited to, eye and ear protection, safety
				shoes, hard hats, gloves, belts, etc.
38. "Private Employer" means a person engaged
				in a business affecting commerce who has employees, defined for workers'
				compensation purposes, but does not include the federal government or the state
				or its political subdivisions.
39.
				"Public Employer" includes the state and its political subdivisions, but does
				not include the federal government.
40. "Recordable Injuries and Illness" means
				any occupational injuries or illnesses which result in:
a. Occupational deaths, regardless of the
				time between injury and death, or the length of the illness; or
b. Nonfatal occupational illnesses;
				or
c. Nonfatal occupational
				injuries which involve one or more of the following: loss of consciousness,
				restriction of work or motion, transfer to another job or medical treatment
				(other than first aid).
41. "Safe" and "Safety" means, as applied to
				any employment or place of employment, freedom from danger as is reasonably
				necessary to control, reduce or eliminate recognized dangers and harmful
				exposures for the protection of employees, including, but not limited to,
				conditions and methods of sanitation and hygiene.
42. "Serious Hazard" means a substantial
				probability that death or serious physical harm will result from a condition
				which exists from one or more practices, means, methods, or operations, within
				places of employment. (Requires abatement.)
43. "SIC" and "SIC Code" means the Standard
				Industrial Classification code referenced in the Executive Office of Management
				and Budget "Standard Industrial Classification Manual", incorporated herein by
				reference, used to classify employers and groups of employers. This publication
				may be obtained from the National Technical Information Service, 5285 Port
				Royal Road, Springfield, Virginia 22161 (Order No. PB-100012).
44. "State Representative" means an
				inspector/consultant/investigator or other designee of the Commissioner
				employed by the Department acting on behalf of the Commissioner.
45. "Violation" means noncompliance with any
				statute or provision of the Department's regulations.
46. "Willful Violation" means a violation or
				omission that exists under either the OSHA or MSHA Act where the evidence shows
				either an intentional violation of either the OSHA or MSHA Act or indifference
				to its requirements. (Only those employers covered by OSHA or MSHA will be
				referred.) Employers referred by the Department to Federal enforcement for
				noncompliance may be considered by enforcement to have willful violations
				within their workplace.
47.
				"Worksite" means where employers have their employees perform
				services.