reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.052 - Testimony by telephone

Current through June 11, 2024
1. Testimony may be taken by the Administrator by use of the telephone. If a party requests that testimony be taken by the Administrator by use of the telephone, the party must provide, before the hearing, written notification of the request to all of the other parties to the proceeding and the Administrator. The Administrator will determine any issues relating to the credibility of such testimony in the same manner as he or she determines the credibility of any other testimony.
2. The party requesting the taking of testimony by use of the telephone is responsible for the charges for the call, unless the person providing testimony by telephone pays the costs of the telephone call or otherwise accepts the charges for the call when he or she presents his or her testimony at the hearing.
3. If a party requests to present testimony by telephone and is not available to do so when the Administrator places the call, the party shall be deemed to have failed to appear.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.054 - Evidence recorded on videotape

Current through June 11, 2024
1. A party who wishes to introduce evidence that is recorded on videotape must submit to the Administrator a written request therefor and a summary of the evidence so recorded in the statement of the issues to be raised at the hearing at least 14 days before the hearing or as otherwise allowed by the Administrator.
2. The Administrator will grant or deny the request within 5 days after the receipt of the request.
3. The party requesting the introduction of such evidence shall:
(a) At least 14 days before any hearing, or as otherwise allowed by the Administrator, provide an unedited copy of the evidence to the opposing party free of charge; and
(b) Provide all equipment necessary to display the videotape at the hearing.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.056 - Papers and documents

Current through June 11, 2024
1. Papers and documents filed pursuant to NAC 616D.009 to 616D.075, inclusive, need not conform to any particular format.
2. All papers and documents, and copies thereof, must be legible.
3. A party shall furnish to the counsel for any other party to the proceeding, or directly to the other party if he or she is not represented by counsel, copies of all papers and documents served upon any party or filed with the Administrator.
4. Papers and documents offered as evidence, except for good cause shown, must not be marked with highlighting, underlining, annotations or any other device that serves to draw attention to one part of the document over another part or one document over another document or to comment on the contents of the document.
5. The Administrator may seal the record or require any party to the proceeding to redact confidential information from submitted papers and documents, including, without limitation, the name, address and social security number of the injured employee.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.060 - Findings of fact and conclusions of law; notice of right to file petition for judicial review

Current through June 11, 2024
If, after a hearing, the Administrator decides that the insurer, third-party administrator, organization for managed care, provider of health care, employee leasing company or employer has committed the alleged violation, the Administrator will:
1. Prepare written findings of fact and conclusions of law;
2. Give notice of the right to file a petition for judicial review within 30 days after service of the decision; and
3. Serve upon the insurer, third-party administrator, organization for managed care, provider of health care , employee leasing company or employer by mail a copy of the findings of fact and conclusions of law.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97; A by R130-14, eff. 9/9/2016
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.065 - Failure to appear

Current through June 11, 2024
If a party who appeals fails to appear after due notice has been given and good cause is not shown for the failure to appear, the Administrator may:
1. Dismiss the case, with or without prejudice; or
2. Take testimony and evidence from the parties appearing and rule on the matter.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.070 - Petition for reconsideration or rehearing

Current through June 11, 2024
1. A written petition for a reconsideration or rehearing based on good cause or newly discovered evidence may be filed with the Administrator within 15 days after the service of a notice of the final decision. A copy of the petition must be served upon the other parties to the proceeding within the same time.
2. The Administrator may grant or deny the petition for reconsideration or rehearing within 5 days after the receipt of the petition. If the petition is:
(a) Granted, the rehearing or reconsideration must be held within 30 days after the petition is granted.
(b) Denied, the time limit in which to file a petition for judicial review with the appropriate district court is not extended by the filing of a petition for reconsideration or rehearing.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.075 - Record of hearing

Current through June 11, 2024
1. A hearing before the Administrator must be transcribed by a court reporter or recorded electronically.
2. A party to the hearing may order a transcript of the record of the hearing within 30 days after the final decision of the Administrator is issued. If the record is:
(a) A stenographic record, the party must:
(1) Contact the certified court reporter who prepared the record; and
(2) Pay for the record.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Payment of Compensation › Section 616D.305 - Interpretation of certain provisions

Current through June 11, 2024
For the purposes of carrying out the provisions of NRS 616D.120 and NAC 616D.311 and 616D.315:
1. A decision of a court, a hearing officer, an appeals officer or the Division shall be deemed to be:
(a) Any written order or decision entered by a court of competent jurisdiction, hearing officer or appeals officer, including, without limitation, a written determination that is not appealed in a timely manner;
(b) Any written decision issued by the Division; and
(c) A written settlement agreement or written stipulation that is modified or changed by a court of competent jurisdiction, a hearing officer, an appeals officer or the Division.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Payment of Compensation › Section 616D.311 - Establishment of policies and procedures for payment

Current through June 11, 2024
1. Each insurer, organization for managed care, health care provider or third-party administrator shall establish written policies and procedures for the payment of compensation found to be due by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. The policies and procedures adopted pursuant to subsection 1 must:
(a) Provide that payment be made within the time set forth in paragraph (c) of subsection 1 of NRS 616D.120;
(b) Provide for the quick and efficient payment of compensation to injured employees and their dependents in a manner that is consistent with the provisions of chapters 616A to 617, inclusive, of NRS;
(c) Establish a procedure for the clarification of any ambiguity in the payment of compensation found to be due an injured employee by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division within the time set forth in paragraph (c) of subsection 1 of NRS 616D.120;
(d) Provide for the designation of a person or persons to receive and calendar notices for the payment of compensation found to be due an injured employee by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division; and
(e) Provide for the designation of a person or persons to pay any compensation found to be due an injured employee by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division within the time set forth in paragraph (c) of subsection 1 of NRS 616D.120.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Employers › Section 616D.333 - Order for cessation of business: Service

Current through June 11, 2024
An order for the cessation of business will be delivered to and served upon the employer, manager or supervisor at the place of employment or jobsite, or upon an employee of suitable age and discretion if the employer, manager and supervisor are absent, by a representative of the Administrator or by a peace officer who is authorized to serve judicial process and is designated by the Administrator to serve the order.
Industrial Comm'n, No. 18.020, eff. 7-1-73; renumbered as 10.020, 6-30-82-NAC A by Div. of Industrial Insurance Regulation, 10-26-83; A by Div. of Industrial Relations by R092-98, 12-18-98
NRS 616A.400, 616D.110
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Employers › Section 616D.335 - Order for cessation of business: Compliance

Current through June 11, 2024
1. The representative of the Administrator who delivers the order of cessation of business shall remain at the place of employment or jobsite to witness that the employer immediately orders all employees and other persons present to leave the place of employment or jobsite and that all operations are terminated.
2. If the representative of the Administrator observes that the terms of the order are not carried out immediately, the representative must contact the nearest law enforcement agency by the most expeditious means and request that the agency render assistance in enforcing the terms of the order.
Industrial Comm'n, No. 18.030, eff. 7-1-73; renumbered as 10.030, 6-30-82-NAC A by Div. of Industrial Relations by R092-98, 12-18-98
NRS 616A.400, 616D.110
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Employers › Section 616D.340 - Failure to provide and secure compensation or to report material fact concerning amount of payroll: Provision of certain information to or estimation of premiums by Administrator

Current through June 11, 2024
1. If the Administrator notifies an employer that the employer failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS and that the employer is required to provide information to the Administrator for the calculation of the premiums that would otherwise have been owed to a private carrier, the employer or the former or current private carrier of the employer, as applicable, must provide written information to the Administrator that verifies the amount of the premiums that the employer otherwise would have owed to a private carrier for the period that the employer was uninsured.
2. If the Administrator notifies an employer that the employer knowingly failed to report a material fact concerning the amount of payroll upon which his or her premium was based pursuant to NRS 616C.220 and that the employer is required to provide information to the Administrator for the calculation of the premium that would have been due had the proper information been submitted, the employer or the former or current private carrier of the employer, as applicable, must provide written information to the Administrator that verifies the amount of the premium that would have been due if the proper information had been submitted.
3. If the employer or the former or current private carrier of the employer, as applicable, fails or is unable to provide the information required pursuant to subsection 1 or 2, the employer shall verify the actual amount of the pay earned by his or her employees during the period that the employer was uninsured or in which the employer knowingly failed to report a material fact concerning the amount of payroll upon which the premium was based.
4. If the employer or the former or current private carrier of the employer, as applicable, fails or is unable to provide the information required by subsection 1, 2 or 3, the Administrator may estimate the premiums that the employer otherwise would have owed to a private carrier for the period during which the employer was uninsured or during which the employer failed to report a material fact concerning the amount of payroll upon which the premium was based.
Added to NAC by Industrial Insurance System, eff. 5-23-96; A by Div. of Industrial Relations by R166-97, 1-30-98; R007-06, 6-1-2006
NRS 616A.400, 616D.200, 616D.220
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Employers › Section 616D.345 - Failure to provide and secure compensation: Imposition and amount of administrative fine

Current through June 11, 2024
1. If the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 does not prosecute an employer for failing to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or any regulation adopted pursuant thereto, the Administrator will:
(a) For a failure to provide and secure compensation for a period of 90 days or less, impose an administrative fine not to exceed $1,000.
(b) For a failure to provide and secure compensation for a period of more than 90 days, but not more than 1 year, impose an administrative fine in an amount not to exceed $5,000.
(c) For a failure to provide and secure compensation for a period of more than 1 year, impose an administrative fine not to exceed $15,000.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Penalties › Section 616D.400 - Minor violations: Definition; authority of Administrator

Current through June 11, 2024
1. For the purposes of subsection 2 of NRS 616D.120 and except as otherwise provided in chapters 616A to 617, inclusive, of NRS, or in any regulation adopted pursuant thereto, an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company commits a "minor violation" of any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS, or a regulation adopted pursuant thereto, if the violation is a single, unintentional violation and the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company agrees, in writing, to correct the violation during the course of an investigation or audit conducted pursuant to those chapters.
2. Except as otherwise provided in this subsection, if an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company agrees, in writing, to correct a single, unintentional violation during the course of an investigation or audit, the Administrator will issue a notice of correction for that violation. The Administrator will not issue a notice of correction pursuant to this subsection if the violation does not require correction or the correction is unnecessary or moot.
3. If an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company does not agree, in writing, to correct a single, unintentional violation during the course of an investigation or audit, the Administrator may impose an administrative fine in an amount not to exceed those amounts set forth in subsection 2 of NRS 616D.120 or order a plan of corrective action to be submitted to the Administrator, or both.
Added to NAC by Div. of Industrial Relations by R007-97, eff. 12-10-97; A by R105-00, 1-18-2001, eff. 3-1-2001; R118-02, 9-7-2005; R149-09, 10-23-2013
NRS 616A.400, 616D.120
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Penalties › Section 616D.405 - Intentional violations: Definition; authority of Administrator

Current through June 11, 2024
1. For the purposes of NRS 616D.120, an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company commits an "intentional violation" of any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto, if he or she acts with purpose or design, otherwise acts to cause the consequences, desires to cause the consequences or believes that the consequences are substantially certain to result from the violation.
2. The Administrator may consider two or more violations of the same or similar provisions of chapters 616A to 617, inclusive, of NRS, or any regulations adopted pursuant thereto, as evidence of an intentional violation. If the Administrator determines that two or more violations constitute an intentional violation, the Administrator will impose an administrative fine as required by subsection 1 of NRS 616D.120 and, if appropriate, order a plan of corrective action to be submitted to the Administrator.
Added to NAC by Div. of Industrial Relations by R118-02, eff. 9-7-2005; A by R149-09, 10-23-2013
NRS 616A.400, 616D.120
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Penalties › Section 616D.411 - Benefit penalties: Determination of amount required to be paid

Current through June 11, 2024
1. To determine the amount of a benefit penalty required to be paid pursuant to subsection 3 of NRS 616D.120, the Administrator will determine that the violation caused physical or economic harm to the injured employee or his or her dependents if the Administrator finds, by a preponderance of the evidence, that:
(a) The harm would not have occurred but for the violation;
(b) The violation was a substantial factor in bringing about the harm; and
(c) There is no supervening cause that is responsible for bringing about the harm.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › ENFORCEMENT › Penalties › Section 616D.415 - Imposition of administrative fine or order for corrective action for certain unintentional or multiple violations

Current through June 11, 2024
Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, or in any regulation adopted pursuant thereto:
1. If the Administrator determines that:
(a) An insurer or third-party administrator has failed to comply or has complied in an untimely manner with any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto, that requires the insurer or third-party administrator to make a determination regarding the acceptance or denial of a claim for compensation;
(b) An insurer or third-party administrator has failed to comply or has complied in an untimely manner with any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto, that requires the insurer or third-party administrator to make a payment of benefits to an injured employee;
(c) An insurer or employer has failed to comply or has complied in an untimely manner with any of the provisions of NRS 616B.460 or 616B.461 or NAC 616B.124 to 616B.136, inclusive;
(d) An insurer, organization for managed care, provider of health care, third-party administrator, employer or employee leasing company has failed to comply or has complied in an untimely manner with any of the provisions of NRS 616A.475, 616B.006, 616B.009, 616C.700 or 617.357 or NAC 616A.410 or 616C.527 or paragraph (b) of subsection 1 of section 1 of this regulation;
(e) A treating physician or chiropractor has failed to comply or has complied in an untimely manner with any of the provisions of NRS 616C.020 or 616C.040, subsection 7 of NRS 616C.475 or NRS NRS 617.352, or any regulations adopted pursuant thereto, that require the treating physician or chiropractor to complete a claim for compensation; or
(f) An employer has failed to comply or has complied in an untimely manner with any of the provisions of NRS 616C.045 or 617.354, or any regulation adopted pursuant thereto, that require the employer to complete a report of industrial injury or occupational disease, and the Administrator determines that the violation was not an intentional violation, the Administrator may impose an administrative fine in an amount not to exceed those amounts set forth in subsection 2 of NRS 616D.120 or order a plan of corrective action to be submitted to the Administrator, or both.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › COMMUNICATIONS RELATING TO MEDICAL DISPOSITION OF CLAIMS › Section 616D.450 - Log of oral communications: Maintenance; contents

Current through June 11, 2024
1. An insurer, employer, organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee who initiates an oral communication relating to the medical disposition of a claim shall maintain a log of oral communications for each claim of each injured employee with whom he or she has had such communications.
2. The initiator may maintain a log of oral communications in any file that he or she maintains concerning the injured employee if the log of oral communications is maintained so that it is readily available for production pursuant to the provisions of NAC 616D.455.
3. A log of oral communications must contain the names of all parties included in each communication and the date, time and subject matter of the communication.
Added to NAC by Div. of Industrial Relations by R167-97, eff. 1-30-98
NRS 616A.400, 616D.330
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › COMMUNICATIONS RELATING TO MEDICAL DISPOSITION OF CLAIMS › Section 616D.455 - Log of oral communications: Availability

Current through June 11, 2024
If a person specified in subparagraph (2) of paragraph (a) of subsection 1 of NRS 616D.330 makes a written request for a log of oral communications and, if requested, proves his or her status as a person specified in subparagraph (2) of paragraph (a) of subsection 1 of NRS 616D.330, the person who is required to maintain the log pursuant to subsection 1 of NRS 616D.330 shall make the log available within 30 days after receipt of the written request.
Added to NAC by Div. of Industrial Relations by R167-97, eff. 1-30-98
NRS 616A.400, 616D.330
Nevada Administrative Code › Chapter 617 - Occupational Diseases › Section 617.Sec. 33 - NEW

Current through June 11, 2024
For the purposes of this section, subsection 11 of NRS 617.455  and subsection 16 of NRS 617.457:
1.
		  In calculating the number of days from the date on which an appeal of a
		  determination regarding the denial of a claim is made until the date on which
		  the claimant ultimately prevails, all of the following periods of time must be
		  excluded:
(a) The day on which the
		  determination was made; and
(b) If
		  an appeal is pending before a hearing officer, appeals officer, district court
		  judge or any other appellate proceeding:
(1)
		  If the claimant or his or her representative requests a continuance of any
		  hearing and the request is granted, from the date on which the request was
		  filed or requested to the date of the next scheduled hearing.
(2) If the claimant or his or her
		  representative agrees to a continuance of any hearing and the continuance is
		  granted, from the earliest of:
(I) The date on
		  the electronic mail or the initial communication which requests a continuance
		  of the hearing; or
(II) The
		  earliest date of a signature on the stipulation for the continuance of the
		  hearing, to the date of the next scheduled hearing.
Nevada Administrative Code › Chapter 617 - Occupational Diseases › GENERAL PROVISIONS › Section 617.010 - Scope

Current through June 11, 2024
This chapter applies to all firefighters and police officers
				who are required to submit to physical examinations and tests to receive
				industrial insurance benefits pursuant to
				NRS
				617.454,
				617.455
				and
				617.457
				and to their employers.
Industrial Comm'n, No. 39
				Scope, eff. 6-30-82-NAC A by Div. of Industrial Relations by R105-00,
				1-18-2001, eff. 3-1-2001
NRS
				  616A.400
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.050 - Lung examinations

Current through June 11, 2024
The lung examinations conducted pursuant to
				NRS
				617.455 must include at least the following
				elements and must be supported by the following written material:
1. Form OD-1, Firefighters and Police
			 Officers Medical History Form, as prescribed by the Division and completed by
			 the firefighter or police officer being examined;
2. Form OD-2, Firefighters and Police
			 Officers Lung Examination Form, as prescribed by the Division and completed by
			 the examining physician;
3. An
			 X-ray film of the chest;
4. If the
			 person being examined is a police officer or a salaried firefighter, a
			 pulmonary function test; and
5. A
			 stethoscopic examination of the lungs.
Industrial Comm'n, No.
				39.030, eff. 6-30-82-NAC A by Div. of Industrial Relations by R105-00,
				1-18-2001, eff. 3-1-2001;	A by
				R032-21A,
				eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.070 - Cardiac examinations

Current through June 11, 2024
1. Cardiac
			 examinations which are conducted pursuant to
			 NRS
			 617.457 must include at least the following
			 elements and must be supported by the following written material:
(a) Form OD-1, Firefighters and Police
			 Officers Medical History Form, as prescribed by the Division and completed by
			 the firefighter or police officer being examined;
(b) Form OD-3, Firefighters and Police
			 Officers Extensive Heart Examination Form, as prescribed by the Division and
			 completed by the examining physician;
(c) A stethoscopic examination of the
			 heart;
(d) Except as otherwise
			 provided in paragraph (e), an electrocardiogram;
(e) If the person being examined is a police
			 officer or a salaried firefighter who is 40 years of age or older, a stress
			 electrocardiogram, in lieu of the electrocardiogram required by paragraph
			 (d);
(f) A blood test to determine
			 the amounts of triglycerides and cholesterol which are present; and
(g) A blood or urine test to determine the
			 amount of glucose which is present.
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.075 - Test of functioning of hearing

Current through June 11, 2024
1. The test of the
			 functioning of the hearing of an employee that is required pursuant to
			 NRS
			 617.454 must consist of an air conduction
			 test or a pure tone test.
2. If an
			 air conduction test reveals a condition that is not within normal limits, the
			 employee must undergo a bone conduction study or speech audiometry.
3. An air conduction test is acceptable for
			 screening and to establish a baseline for further testing.
4. The person conducting the test of the
			 functioning of the hearing of the employee must fill out Form OD-5,
			 Firefighters and Police Officers Hearing Examination Form, as prescribed by the
			 Division.
Added to NAC by Div. of
				Industrial Insurance Regulation, eff. 1-24-92; A by Div. of Industrial
				Relations by R105-00, 1-18-2001, eff. 3-1-2001;	A by
				R032-21A,
				eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.080 - Duties of employer

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, the employer shall:
(a) Schedule the physical examinations,
			 including the test of the functioning of the hearing of an employee, that are
			 required pursuant to
			 NRS
			 617.454,
			 617.455
			 and
			 617.457.
(b) Maintain the records of all physical
			 examinations, including the test of the functioning of the hearing of an
			 employee, that are completed pursuant to
			 NRS
			 617.454,
			 617.455
			 and
			 617.457
			 for at least 2 years after the death of the firefighter or police
			 officer.
(c) Discuss with the
			 employee any warning from the examining physician indicating that the employee
			 has a predisposition to the contraction of a disease of the heart or
			 lungs.
(d) If the employee can
			 correct any predisposing physical condition of which he or she has been warned
			 pursuant to paragraph (c), inform the employee that failure to correct the
			 condition may exclude him or her from benefits under chapter 617 of
			 NRS.
(e) Pay for any additional
			 physical examinations he or she requires which are beyond the scope of the
			 physical examinations and tests required by
			 NRS
			 617.454,
			 617.455
			 and
			 617.457.
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.090 - Duties of employee

Current through June 11, 2024
The employee must:
1.
			 Submit to the physical examinations and the test of the functioning of the
			 hearing of an employee that are required by
			 NRS
			 617.454,
			 617.455 and
			 617.457, and by his or her
			 employer, at the time scheduled by the employer unless the employee has a
			 reasonable excuse for missing the scheduled examination;
2. Complete and file with the insurer Form
			 OD-1, Firefighters and Police Officers Medical History Form, as prescribed by
			 the Division; and
3. Sign a form
			 acknowledging receipt of the forms provided by the examining
			 physician.
Industrial Comm'n, No.
				39.080, eff. 6-30-82-NAC A by Div. of Industrial Relations by R105-00,
				1-18-2001, eff. 3-1-2001;	A by
				R032-21A,
				eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 617 - Occupational Diseases › PHYSICAL EXAMINATIONS › Section 617.100 - Examining physician to provide copies of forms

Current through June 11, 2024
The examining physician who conducts a physical examination
				pursuant to
				NRS
				617.455 or
				617.457
				shall provide the employer and the employee with a copy of:
1. The form required to be completed by
			 subsection 4 of NAC 617.075; and
2.
			 Each of the forms required to be completed by NAC 617.050 or 617.070, following
			 the physical examination.
Industrial Comm'n, No.
				39.060, eff. 6-30-82-NAC A by Div. of Industrial Relations by R105-00,
				1-18-2001, eff. 3-1-2001
NRS
				  616A.400
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 618.002 to 618.008, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Div. of
				Industrial Relations by R142-98, eff. 2-28-2000
NRS
				  618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.006 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Industrial Relations of the
				Department of Business and Industry.
Added to NAC by Div. of
				Industrial Relations by R142-98, eff. 2-28-2000
NRS
				  618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.008 - "Enforcement Section" defined

Current through June 11, 2024
"Enforcement Section" means the Occupational Safety and Health
				Administration of the Division.
Added to NAC by Div. of
				Industrial Relations by R142-98, eff. 2-28-2000; A by R116-06,
				11-13-2006
NRS
				  618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 2.1 - NEW

Current through June 11, 2024
For the purposes of NRS 618.7301 to 618.7318, inclusive, the
				Division interprets the term "unit" to mean a component of a medical facility,
				including, without limitation, a group, department, section or wing, that is
				used for providing patient care or support services.
Added to NAC by Div. of Industrial Relations by
				R044-20A,
				eff. 12/22/2021
NRS
				618.295,
				618.7317
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 2.2 - NEW

Current through June 11, 2024
As used in sections 2 to 11, inclusive, of this regulation,
				unless the context otherwise requires, the words and terms defined in sections
				3, 4 and 5 of this regulation have the meanings ascribed to them in those
				sections.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 2.3 - NEW

Current through June 11, 2024
As used in sections 2 to 9, inclusive, of this regulation,
				unless the context otherwise requires, the words and terms defined in sections
				3 to 6, inclusive have the meanings ascribed to them in those sections.
Added
				to NAC by Div. of Industrial Relations by
				R053-20RA,
				eff. 3/24/2022
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 2.4 - NEW

Current through June 11, 2024
As used in sections 2 to 9, inclusive, of this regulation,
				unless the context otherwise requires, the words and terms defined in sections
				3 to 6, inclusive have the meanings ascribed to them in those
				sections.
Added
				to NAC by Div. of Industrial Relations by
				R074-20A,
				eff. 4/11/2022
NRS
				360.090,
				360.867
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 3.1 - NEW

Current through June 11, 2024
A medical facility shall report to the nearest office of the
				Division:
1. Any fatality, inpatient
			 hospitalization, amputation or loss of an eye of an employee resulting from
			 workplace violence in which physical force or a firearm or other dangerous
			 weapon is used, not later than 8 hours after the time that the fatality,
			 hospitalization, amputation or loss is reported to any agent or employee of the
			 facility.
2. Any incident of
			 workplace violence in which physical force or a firearm or other dangerous
			 weapon is used but no fatality or injury results, not later than 24 hours after
			 the incident occurs.
3. Any
			 realistic possibility of workplace violence, not later than 30 days after the
			 medical facility learns of the possibility. The information reported pursuant
			 to this subsection must include, without limitation:
(a) Any and all measures taken or to be taken
			 to address the threat;
(b) The
			 names of the persons who took measures or are responsible for initiating the
			 measures; and
(c) The date by which
			 the facility completed or anticipates completing the measures.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 3.2 - NEW

Current through June 11, 2024
"Acclimatization" means the temporary adaptation of a person's
				body to work in the heat that occurs gradually when the person is exposed to
				the heat.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 3.3 - NEW

Current through June 11, 2024
"Acclimatization" means the temporary adaptation of a person's
				body to work in the heat that occurs gradually when the person is exposed to
				the heat.
Added
				to NAC by Div. of Industrial Relations by
				R053-20RA,
				eff. 3/24/2022
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 3.4 - NEW

Current through June 11, 2024
"Division" means the Housing Division of the Department of
				Business and Industry.
Added
				to NAC by Div. of Industrial Relations by
				R074-20A,
				eff. 4/11/2022
NRS
				360.090,
				360.867
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 4.1 - NEW

Current through June 11, 2024
1. Every plan for the prevention of and
			 response to workplace violence which is developed pursuant to NRS 618.7312 must
			 include:
(a) Procedures for the assessment of
			 potential workplace hazards which are designed to identify and evaluate
			 patient-specific risk factors and assess visitors and other persons who are not
			 employees. Patient-specific risk factors include, without limitation:
(1) A patient's mental status and conditions
			 which may cause the patient to be nonresponsive to instruction or behave
			 unpredictably, disruptively, uncooperatively or aggressively;
(2) A patient's treatment and medication
			 status, including type and dosage, if known;
(3) A patient's history of violence, as it is
			 known to the medical facility and employees; and
(4) Any disruptive or threatening behavior
			 displayed by a patient.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 4.2 - NEW

Current through June 11, 2024
"Heat illness" means a medical condition resulting from the
				body's inability to cope with a particular heat load and includes, without
				limitation, heat cramps, heat rash, heat exhaustion, fainting and heat
				stroke.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 4.3 - NEW

Current through June 11, 2024
"Heat illness" means a medical condition resulting from the
				body's inability to cope with a particular heat load and includes, without
				limitation, heat cramps, heat rash, heat exhaustion, fainting and heat
				stroke.
Added
				to NAC by Div. of Industrial Relations by
				R053-20RA,
				eff. 3/24/2022
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 4.4 - NEW

Current through June 11, 2024
"Project sponsor" has the meaning ascribed to it in NRS
				360.865.
Added
				to NAC by Div. of Industrial Relations by
				R074-20A,
				eff. 4/11/2022
NRS
				360.090,
				360.867
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 5.1 - NEW

Current through June 11, 2024
Any engineering control, work practice control or other
				appropriate measure which a medical facility implements to prevent or mitigate
				the risk of workplace violence as identified in an assessment of the workplace
				pursuant to section 4 of this regulation must, at a minimum, effectively
				address the hazardous conditions which constitute the risk.
Added to NAC by Div. of Industrial Relations by
				R044-20A,
				eff. 12/22/2021
NRS
				618.295,
				618.7317
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 5.2 - NEW

Current through June 11, 2024
"Personal risk factors for heat illness" means factors that
				affect the retention of water by the body and other physiological responses to
				heat, including, without limitation, a person's:
1. Age;
2. Degree of acclimatization;
3. Health;
4. Consumption of water;
5. Consumption of alcohol;
6. Consumption of caffeine; and
7. Use of prescription medications.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 5.3 - NEW

Current through June 11, 2024
"Personal risk factors for heat illness" means factors that
				affect the retention of water by the body and other physiological responses to
				heat, including, without limitation, a person's:
1. Age;
2. Degree of acclimatization;
3. Health;
4. Consumption of water;
5. Consumption of alcohol;
6. Consumption of caffeine; and
7. Use of prescription medications.
Added
				to NAC by Div. of Industrial Relations by
				R053-20RA,
				eff. 3/24/2022
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 5.4 - NEW

Current through June 11, 2024
"Transferable tax credits" means transferable tax credits
				issued by the Division pursuant to NRS 360.867.
Added
				to NAC by Div. of Industrial Relations by
				R074-20A,
				eff. 4/11/2022
NRS
				360.090,
				360.867
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 6.2 - NEW

Current through June 11, 2024
The Division hereby adopts by reference the "Heat Stress and
				Strain" portion of the Threshold Limit Values and Biological Exposure Indices,
				2020 edition, published by the American Conference of Governmental Industrial
				Hygienists. This publication is available by mail from the American Conference
				of Governmental Industrial Hygienists, 3640 Park 42 Drive, Cincinnati, Ohio
				45241, by telephone at (513) 742-2020 or at the Internet address
https://www.acgih.org
, at a cost of
				$41.21.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 6.3 - NEW

Current through June 11, 2024
"Shade" means a blockage of direct sunlight.
Added
				to NAC by Div. of Industrial Relations by
				R053-20RA,
				eff. 3/24/2022
NRS
				618.295,
				618.315
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 6.4 - NEW

Current through June 11, 2024
"Transferee" means a person to whom transferable tax credits
				have been or will be transferred.
Added
				to NAC by Div. of Industrial Relations by
				R074-20A,
				eff. 4/11/2022
NRS
				360.090,
				360.867
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 7.2 - NEW

Current through June 11, 2024
1. An employer of employees who are exposed
			 to temperatures at or above:
(a) A dry-bulb
			 temperature of 80 degrees Fahrenheit; or
(b) The applicable Wet-Bulb Globe Temperature
			 in Celsius, as determined pursuant to section 2 and table 2 of the "Heat Stress
			 and Strain" portion of the Threshold Limit Values and Biological Exposure
			 Indices, 2020 edition, adopted by reference in section 6 of this regulation,
			 shall include a program for the management of heat illness in the written
			 safety program required by
			 NRS
			 618.383.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 7.3 - NEW

Current through June 11, 2024
1. An employer of employees who are exposed
			 to temperatures at or above a drybulb temperature of 90 degrees Fahrenheit
			 shall include a program for the management of heat illness in the written
			 safety program required by
			 NRS
			 618.383.
2. A program for the management of heat
			 illness required pursuant to subsection 1 must include:
(a) Provision for potable water, including
			 how such water will be provided where water is not plumbed or otherwise
			 continuously provided;
(b)
			 Provision for rest breaks for employees who are exhibiting signs of heat
			 illness;
(c) Provision, during
			 daylight hours, for shade or other means of cooling which are at least as
			 effective as shade;
(d) Monitoring
			 of employees for heat illness;
(e)
			 Monitoring the acclimatization of employees for not fewer than the first 14
			 days of their employment;
(f)
			 Identification of work processes which may generate additional heat or humidity
			 and procedures to mitigate those hazards;
(g) Training of employees and management;
			 and
(h) Procedures for responding
			 to an emergency.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 7.4 - NEW

Current through June 11, 2024
A notification by the Division to the Department of the
				issuance or transfer of transferable tax credits pursuant to subparagraph (3)
				of paragraph (b) of subsection 6 of NRS 360.867 must be in writing and include,
				as applicable and without limitation:
1. Contact information for both the current
			 holder of the transferable tax credits and for each transferee, including,
			 without limitation:
(a) The name, telephone
			 number and electronic mail address of the current holder and of each
			 transferee; and
(b) The taxpayer
			 identification number issued by the Department for the current holder and for
			 each transferee;
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › GENERAL PROVISIONS › Section 618.Sec. 8.2 - NEW

Current through June 11, 2024
1. An employer shall ensure that employees
			 have ready access to potable drinking water that is fresh, pure and
			 cool.
2. Where potable drinking
			 water is not plumbed or otherwise continuously supplied, an employer must
			 provide potable drinking water in sufficient quantity at the beginning of each
			 work shift to provide one quart of potable drinking water per employee per hour
			 for the entire shift. An employer may provide employees with a smaller quantity
			 of potable drinking water at the beginning of a work shift if employees have
			 effective procedures for replenishment during the shift as needed to allow each
			 employee to drink at least one quart of potable drinking water per
			 hour.
3. An employer shall
			 encourage employees to drink water frequently.
Added to NAC by Div. of Industrial Relations by
				R053-20A,
				eff. 12/9/2021
NRS
				618.295,
				618.315