Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.710 - Service of process: Authorized employee representatives; unrepresented employees

Current through June 11, 2024
1. If an affected
				employee is not represented by an authorized employee representative, the
				employer shall, immediately upon receipt of the notice sent by the Enforcement
				Section to the Board, post, where the citation is required to be posted, a copy
				of the statement informing affected employees of their right to participate as
				a party and of the availability of all pleadings for inspection and copying at
				reasonable times. The notice may be in the following form:
(Name of
				employer)
Your employer has been cited by the Chief of the
				Occupational Safety and Health Enforcement Section of the Division of
				Industrial Relations of the Department of Business and Industry for violation
				of the Nevada Occupational Safety and Health Act, chapter 618 of NRS. The
				citation has been contested and will be the subject of a hearing before the
				Occupational Safety and Health Review Board. Affected employees are entitled to
				participate in this hearing as parties under terms and conditions established
				by the Occupational Safety and Health Review Board in NAC 618.650 to 618.848,
				inclusive. Notice of intent to participate must be sent, at least 30 days
				before the date of the hearing, to:
Occupational Safety and Health
				Review Board
400 West King Street, Suite 200
Carson
				City, Nevada 89703
All papers relevant to this matter may be
				inspected at:
(Place reasonably convenient to employees,
				preferably at or near workplace).
If appropriate, the second
				sentence of this notice may be deleted and the following sentence may be
				substituted:
The reasonableness of the period prescribed by the
				Chief for abatement of the violation has been contested and will be the subject
				of a hearing before the Occupational Safety and Health Review Board.
2. The authorized employee
				representative must be served with the notice in subsection 1 and with a copy
				of the notice of the appeal or contest.
3. A copy of the notice of the hearing to be
				held before the Board must be served by the employer on affected employees who
				are not represented by an authorized employee representative by posting a copy
				of the notice of the hearing at or near the place where the citation is
				required to be posted.
4. A copy of
				the notice of the hearing to be held before the Board must be served by the
				employer on the authorized representative of any employee who has entered an
				appearance as of the date the notice is received by the employer.
5. If a notice of contest is filed by an
				affected employee who is not represented by an authorized employee
				representative and there are other affected employees who are represented by an
				authorized employee representative, the unrepresented employee shall serve a
				copy on the authorized representative as prescribed in subsection 3 of NAC
				618.707 and file proof of the service.
6. If a notice of contest is filed by an
				affected employee or an authorized employee representative, a copy of the
				notice of contest and the response filed in support of the contest must be
				provided to the employer for posting as prescribed in subsection 1.
7. An authorized employee representative who
				files a notice of contest shall serve a copy of the notice on any other
				authorized employee representative whose members are affected
				employees.
8. Where posting is
				required by this section, the posting must be maintained until the commencement
				of the hearing or until an earlier disposition of the contest or
				appeal.
Dep't of Occupational Safety &
				Health, Rule No. 7 subsecs. 6-14, eff. 11-9-73-NAC A by Occupational Safety
				& Health Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.585