reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5271 - Operating procedures and rules of safety

Current through June 11, 2024
Each operation must be conducted in
				accordance with written operating procedures and rules of safety. These
				procedures and rules must include, without limitation:
1. A description of the procedure required
				for the safe performance of the operation.
2. A provision for the use of any personal
				protective clothing and equipment required for the operation.
3. A provision for the assurance of the
				quality of the product.
4. A
				provision for the inspection and maintenance of equipment used in the
				operation.
5. A provision for the
				performance of periodic audits of safety.
6. A description of required housekeeping and
				operational procedures and procedures for storage.
7. In the case of a new operation or process,
				a description of the procedure for carrying the operation or process into
				effect, including a provision for a detailed analysis of hazards before and
				after the operation or process is put into effect.
8. A description of the procedure for the
				destruction or disposal of ammonium perchlorate and all chemical
				intermediates.
9. A provision for
				the investigation of any incident, including any near-miss.
10. A description of the procedure for
				reporting any fire.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5275 - Availability and enforcement of operating procedures

Current through June 11, 2024
1. Applicable portions of the written
				procedure established for each operation must be readily available to all
				employees engaged in performing the operation.
2. Each supervisory employee shall maintain a
				copy of the entire procedure established for the operation he or she
				supervises. Each such employee is responsible for the enforcement of the
				procedure.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5279 - General requirements for manufacture, handling and storage of ammonium perchlorate

Current through June 11, 2024
1. Ammonium
				perchlorate must be manufactured, handled and stored as a substance with
				explosive properties.
2. A person
				shall not store, handle or convey ammonium perchlorate under circumstances or
				in a manner constituting an undue hazard to the health or safety of any
				employee.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5283 - Clean up of spills and hazardous residues; maintenance of clean environment

Current through June 11, 2024
1. Any spill of ammonium perchlorate, a
				chemical intermediate or by-product must be cleaned up immediately. An
				appropriate system for the clean up and collection of hazardous residues must
				be provided and used at each operation facility.
2. Each operation building must be cleaned to
				prevent accumulations of ammonium perchlorate, chemical intermediates or
				by-products. Incompatible materials not required for an operation must be
				removed from the building at least daily or as often as necessary to maintain a
				clean environment.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5287 - Redissolution or disposal of contaminated ammonium perchlorate

Current through June 11, 2024
Except as
				otherwise provided in this section, ammonium perchlorate that is known or
				suspected to be contaminated with an incompatible material must be promptly
				redissolved. If a redissolution is not practical or prudent, the ammonium
				perchlorate must be disposed of in a manner that does not create an undue
				hazard to the health or safety of any person.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5291 - Identification, labeling and tracking of redissolve and finished ammonium perchlorate

Current through June 11, 2024
Redissolve and finished ammonium perchlorate
				must be identified, labeled and tracked from production to final
				disposition.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5295 - Tools and equipment

Current through June 11, 2024
1. Appropriate
				tools and equipment must be used in each operation, including any clean-up
				activity.
2. Any tool used to
				lubricate, repair or adjust equipment used in an operation must be removed from
				the operation building or returned to its proper location within the building
				before routine operations are resumed. The provisions of this subsection do not
				apply to any tool that is used to adjust the equipment when it is started or
				any tool that is routinely carried by employees.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5299 - Repair of operation building and machinery

Current through June 11, 2024
Any repair to an operation building
				or to machinery used in an operation must not be made without prior cleanup,
				decontamination and the approval by a qualified employee designated by the
				employer.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5303 - Use of inorganic oil for lubrication

Current through June 11, 2024
To the extent practicable, inorganic oil
				must be used for lubrication within an operation facility.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5307 - Facilities for storage of lubricating oil or fuel oil; performance of fueling operations

Current through June 11, 2024
1. All facilities
				for the storage of lubricating oil or fuel oil, including heating oil, must be:
(a) Separated from any operation building or
				storage pad; and
(b) Designed in
				such a way that, in the event of a ruptured tank, the oil will drain away from
				the operation building or storage pad or into a containment area.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5311 - Restriction of vehicular traffic; inspection and cleaning of vehicles used within operation facility

Current through June 11, 2024
1. Except as
				required for the purposes of education or training, vehicular traffic that is
				not essential to the conduct or maintenance of the operation must not be
				permitted in an operation facility.
2. Any vehicle used within an operation
				facility must be inspected daily, and washed or cleaned with steam if
				necessary, to prevent the accumulation of ammonium perchlorate or any
				incompatible material.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5315 - Permit for hot work

Current through June 11, 2024
1. A permit is
				required for any hot work performed at an operation facility, except for work
				performed in a welding shop that is permanently established at the facility.
				Each employer shall designate a qualified employee to issue such
				permits.
2. A permit for hot work:
(a) Must certify that, before the beginning
				of the work, there has been compliance with the requirements for fire
				prevention and protection contained in
				29
				C.F.R. §§
										1910.251 and
				1910.252;
(b) Must identify the equipment or facility
				on which the work is to be done; and
(c) Must be kept at the site of the work
				until the work is completed.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5319 - Transportation of ammonium perchlorate

Current through June 11, 2024
1. If ammonium
				perchlorate is transported within an operation facility, it must be placed in a
				container meeting the requirements of NAC 618.5331 and covered with a lid.
				Motorized equipment used to transport ammonium perchlorate may be operated only
				by a trained and authorized employee.
2. Any powered industrial truck used for the
				transportation of ammonium perchlorate must meet the requirements of
				29 C.F.R. §
									1910.178 for trucks designated LPS or
				ES.
3. As used in this section,
				"authorized employee" means an employee designated or assigned by an employer
				to perform specific duties or to be present at a specific location at a job
				site.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5323 - Storage of ammonium perchlorate: General requirements

Current through June 11, 2024
1. Ammonium perchlorate must be stored on a
				storage pad except while it is in process, being loaded or unloaded into a
				vehicle for transportation or during handling.
2. Not more than 300,000 pounds of ammonium
				perchlorate may be stored on any storage pad. Not more than 80,000 pounds of
				redissolve ammonium perchlorate may be stored at an operation facility at any
				time.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5327 - Storage of ammonium perchlorate: Construction of storage pad

Current through June 11, 2024
Any
				storage pad constructed or replaced on or after March 1, 1992, must be
				constructed of concrete.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5331 - Storage of ammonium perchlorate: Requirements for containers

Current through June 11, 2024
1. Any container used to store ammonium
				perchlorate:
(a) Must be approved by the
				Enforcement Section or comply with the standards set forth in
				49
				C.F.R. §
										173.127 for containers used in
				the transportation of ammonium perchlorate.
(b) Must be examined before use for the
				presence of any foreign material.
(c) Must not be stacked on top of another
				such container.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE › Section 618.5335 - Storage of ammonium perchlorate: Distances from inhabited buildings, storage pads and operation buildings

Current through June 11, 2024
1. Inhabited
				buildings, storage pads and operation buildings must be separated by the
				following minimum distances from the specified quantities of ammonium
				perchlorate in storage. The distance specified in each instance is the
				distance, at their nearest points to each other, between the ammonium
				perchlorate in storage and the inhabited building, storage pad or operation
				building, as the case may be.
Pounds of Ammonium Perchlorate
Inhabited Building
Storage
				Pad
Operation Building
Over
Not
				over
Minimum Separation Distance (Feet)
10
1,000
75
15
50
1,000
5,000
115
30
85
5,000
10,000
150
30
110
10,000
20,000
190
60
135
20,000
30,000
215
60
155
30,000
40,000
235
85
170
40,000
50,000
250
85
185
50,000
60,000
260
100
200
60,000
70,000
270
100
205
70,000
80,000
280
100
215
80,000
90,000
295
100
225
90,000
100,000
300
100
235
100,000
200,000
375
100
290
200,000
300,000
450
100
335
2.
				As used in this section, "inhabited building" means any structure that is
				regularly occupied, in whole or in part, by human beings, but does not include
				an operation building.
Added to NAC by Div. of Enforcement
				for Industrial Safety & Health, 1-22-92, eff.
				3-1-92
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › SAFETY PROGRAMS › Section 618.538 - Establishment of written safety program

Current through June 11, 2024
An employer who enters into business in this
				State after May 18, 1994, shall, within 60 days after the date on which his or
				her eleventh employee is hired in this State, establish a written safety
				program in accordance with
				NRS
				618.383 and NAC to 618.544, inclusive.
Added to NAC by Div. of Industrial
				Relations, eff. 5-18-94; A by R142-98, 2-28-2000
NRS
				618.295,
				618.383
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › SAFETY PROGRAMS › Section 618.540 - Requirements of written safety program

Current through June 11, 2024
1. Except as
				otherwise provided in this section, in addition to the requirements set forth
				in subsection 2 of
				NRS
				618.383, a written safety program must
				include:
(a) A statement explaining that the
				managers, supervisors and employees are responsible for carrying out the
				program;
(b) An explanation of the
				methods used to identify, analyze and control new and existing hazardous
				conditions;
(c) An explanation of
				the methods used to ensure that employees receive the appropriate safety and
				health training before performing their work duties;
(d) The procedures that must be followed to
				investigate an accident which has occurred and the corrective actions that are
				to be initiated; and
(e) A method
				for ensuring that employees comply with the safety rules and work
				practices.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › SAFETY PROGRAMS › Section 618.542 - Records of written safety program

Current through June 11, 2024
1. An employer who
				establishes a written safety program shall keep written records of:
(a) The safety and health issues which are
				discussed at the meetings of the safety committee, if the employer is required
				to establish such a committee;
(b)
				The attendance of those persons who participate in the meetings of the safety
				committee; and
(c) The attendance
				of employees participating in the training programs.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › SAFETY PROGRAMS › Section 618.544 - Conformance with document and videotape produced by Division

Current through June 11, 2024
1. The contents of the document required by
				NRS
				618.376 that sets forth the rights and
				responsibilities of employers and employees to promote safety in the workplace
				must conform with "Nevada Workplace Safety:
Stop and Learn
Your Rights and Responsibilities," SCATS Form IE, 0-302, published by the
				Division. The Division will publish "Nevada Workplace Safety:
Stop and
				Learn
Your Rights and Responsibilities" in English, Spanish and any
				other language the Division determines is appropriate.
2. The contents of the videotape required by
				NRS
				618.376 that sets forth the rights and
				responsibilities of employers and employees to promote safety in the workplace
				must conform with "Safety in the Workplace," produced by the Division. The
				Division will produce "Safety in the Workplace" in English, Spanish and any
				other language the Division determines is appropriate.
3. An employee or employer may sign:
(a) The document; or
(b) Evidence of receipt of the videotape,
				required by
				NRS
				618.376 in handwritten or electronic format.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.550 - Definitions (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.120, eff. 8-7-76; A 12-20-79-NAC A by Div. of Industrial
				Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.5502 - "Act" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.5504 - "Establishment" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.5506 - "First aid" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.5508 - "Lost workdays" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.551 - "Medical treatment" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.5512 - "Recordable occupational injury or illness" defined (Repealed)

Current through June 11, 2024
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.553 - Scope (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.010, eff. 8-7-76; A 12-20-79; 1-9-81-NAC A by Div. of Industrial
				Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.556 - Employer's log and summary (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.020, eff. 8-7-76; A 12-20-79-NAC A by Div. of Occupational
				Safety & Health, 8-26-83; R058-12, 2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.559 - Log and summary: Period covered (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.030, eff. 8-7-76; A 12-20-79; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.562 - Supplementary records (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.040, eff. 8-7-76; A 12-20-79-NAC A by Div. of Occupational
				Safety & Health, 8-26-83; R058-12, 2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.565 - Annual summary (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.060, eff. 8-7-76; A 12-20-79; 1-9-81-NAC A by Div. of
				Occupational Safety & Health, 8-26-83; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.571 - Copies of required forms (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.050, eff. 8-7-76; A 12-20-79; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.574 - Retention of records (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.070, eff. 8-7-76; A 12-20-79; 1-9-81-NAC A by Div. of Industrial
				Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.577 - Access to records (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.080, eff. 8-7-76; A 12-20-79; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.580 - Small employers (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.150, eff. 8-7-76; A 12-20-79-NAC A by Div. of Industrial
				Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.583 - Retention of records for employees not in fixed establishments (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.140, eff. 8-7-76; A 12-20-79; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.586 - Petitions for relief from regulations (Repealed)

Current through June 11, 2024
Dep't of Occupational Safety &
				Health, No. 67.130, eff. 8-7-76; A 12-20-79; A and renumbered as 67.110,
				1-9-81-NAC A by Div. of Industrial Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › RECORDS AND REPORTS › Section 618.589 - Exceptions to reporting requirements; adoption of standards by reference (Repealed)

Current through June 11, 2024
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000; R058-12,
				2-26-2014
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.630 - Definitions

Current through June 11, 2024
As used
				in NAC to 618.6382, inclusive, unless the context otherwise requires, the words
				and terms defined in NAC4 to 618.6313, inclusive, have the meanings ascribed to
				them in those sections.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6304 - "Affected employee" defined

Current through June 11, 2024
"Affected employee" means an employee who would
				be affected by the grant or denial of a variance from a standard adopted
				pursuant to chapter 618 of NRS, or the employee's authorized representative,
				such as his or her agent for collective bargaining.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6307 - "Interim order" defined

Current through June 11, 2024
"Interim order" means an order which is
				effective during the period between the receipt of a request for a variance and
				a final decision.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.631 - "Permanent order" defined

Current through June 11, 2024
"Permanent order" means an order for a variance
				which remains in effect for the time during which the conditions addressed in
				the request exist.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6313 - "Temporary order" defined

Current through June 11, 2024
"Temporary order" means an order which is
				effective during the period after the adoption of a new standard to allow the
				employer a reasonable time to conform to the new standard.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6316 - Application for permanent variance: General requirements

Current through June 11, 2024
An application for a
				permanent variance from a standard adopted under chapter 618 of NRS
				must:
1. Be submitted on a form
				provided by the Enforcement Section.
2. Be legible.
3. Be signed by the applicant or an
				authorized representative of the applicant.
4. Contain a statement, signed by a
				representative of the employees or an employee who knows the contents of the
				application, that he or she has read the application.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6319 - Application for permanent variance: Contents

Current through June 11, 2024
An application for a permanent
				variance must include:
1. The
				applicant's name, address and telephone number;
2. The address of each place of employment
				involved;
3. A description of the
				conditions, practices, methods, operations or processes used or proposed to be
				used by the applicant;
4. A
				statement showing how the conditions, practices, methods, operations or
				processes used or proposed to be used would provide the applicant's employees
				with employment and places of employment which are as safe and healthful as
				those required by the standard from which the variance is sought;
5. A certification that the applicant has
				informed his or her employees of the application by:
(a) Giving a copy of it to their authorized
				representative; and
(b) Posting a
				copy of the text or a summary of the application at each place where the
				applicant normally posts notices to his or her employees; and
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6322 - Interim order: Application; notice of terms of order

Current through June 11, 2024
1. An employer may apply for an interim order
				for a variance to be effective until a decision is rendered on an application
				for a temporary variance. An application for an interim order may include
				statements of fact and reasons why the order should be granted. The
				Administrator may rule ex parte upon the application.
2. If such an application is denied, the
				Administrator will give the applicant prompt notice of the denial. The notice
				will include or be accompanied by a brief statement of the grounds for the
				denial.
3. If an interim order is
				granted, the Administrator will have a copy of it served upon the applicant and
				other parties. The terms of the order are a public record and will be published
				in at least two daily newspapers. The affected employer shall give notice of
				such an interim order to his or her affected employees by the same means as
				would be used to inform them of an application for a permanent or temporary
				variance.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6325 - Consideration of application made while proceeding on citation pending

Current through June 11, 2024
If a
				citation has been issued to an employer and a proceeding on the citation or a
				related issue concerning a proposed penalty or period of abatement is pending
				before the Occupational Safety and Health Review Board, the Administrator will
				not consider an application for a variance from a standard adopted under
				chapter 618 of NRS until the completion of that proceeding.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6328 - Consolidation

Current through June 11, 2024
The
				Administrator will, on his or her own motion or that of any party to a
				proceeding, consolidate or contemporaneously consider two or more applications
				for variances which involve the same or closely related issues if efficiency
				would result from a consolidation and the parties would not be prejudiced by
				it.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6331 - Denial of application

Current through June 11, 2024
1. If an
				application for a variance does not conform to the requirements relating
				thereto, the Administrator will deny the application.
2. The Administrator will give prompt notice
				of the denial of an application to the applicant. The notice of denial will
				include or be accompanied by a brief statement of the ground for the
				denial.
3. If an application is
				denied because it is defective, another application may be filed without
				prejudice.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6334 - Notice of application; decision of Administrator

Current through June 11, 2024
Within 10 days after issuing a final decision on an
				  application for a variance, the Administrator will furnish a copy of his or her
				  decision to the affected employer and employees.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83;	A
				  by
				  R027-23A,
				  eff. 2/9/2024
NRS 618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.6337 - Acceptance of federal variance

Current through June 11, 2024
If the Federal Government has granted an
				employer a variance from a federal standard which applies to the employer's
				operations in more than one state and the standard is identical to a Nevada
				standard, the Administrator will accept the federal variance as an
				authoritative interpretation determining the employer's obligation to comply
				with the Nevada standard if:
1. The
				employer files the information required for an application for a variance;
				and
2. The Administrator finds that
				there is no objection of substance to the interpretation.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › General Provisions › Section 618.634 - Variance not retroactive

Current through June 11, 2024
A variance granted pursuant to
				NRS
				618.415 to
				618.421,
				inclusive, is not retroactive.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6343 - Request for hearing

Current through June 11, 2024
1. Any affected
				employer or employee may file with the Administrator a request for a hearing on
				an application for a variance.
2. A
				request for such a hearing must include:
(a)
				The name, address and telephone number of the person requesting the
				hearing;
(b) A concise statement of
				facts showing how the employer and employee would be affected by the variance
				applied for;
(c) An identification
				of any statement or representation in the application which the person
				requesting the hearing denies, and a concise summary of the evidence that the
				person would adduce in support of each denial; and
(d) Any statements concerning any issue of
				fact or law raised in the application.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6346 - Hearings conducted by Administrator or hearing officer

Current through June 11, 2024
The Administrator will
				personally conduct hearings on applications for variances or will appoint a
				hearing officer to perform that duty. If the Administrator appoints a hearing
				officer, the Administrator will furnish the hearing officer:
1. The original application and request for
				the hearing; and
2. A copy of the
				notice of the hearing.
The hearing officer shall conform to the
				procedures established by the Administrator for hearings.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6349 - Powers of Administrator

Current through June 11, 2024
The Administrator will, in order to conduct a
				fair, full and impartial hearing:
1.
				Rule upon offers of proof;
2. Allow
				the use of discovery and determine its scope;
3. Regulate the course of the hearing and the
				conduct of the parties and their counsel;
4. Consider and rule upon procedural
				requests;
5. Hold conferences
				whenever issues can be settled or simplified with the consent of the parties;
				and
6. Make or have made an
				inspection of the place of employment involved if such an inspection will aid
				in resolving the issues.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6352 - Parties to hearings

Current through June 11, 2024
1. An applicant for
				relief and any affected employee are entitled to be named as parties to a
				hearing for a variance.
2. The
				Enforcement Section, represented by the general counsel of the Division, shall
				be deemed to be a party to such a hearing.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6355 - Service of process; proof of service

Current through June 11, 2024
1. The service of
				any document relating to a hearing on an application for a variance upon any
				party to the proceeding must be made by personal delivery or by certified mail
				to the last known address of the party.
2. The person serving the document shall
				certify to the manner and the date of the service.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6358 - Prehearing conference

Current through June 11, 2024
1. Upon his or her
				own motion or the motion of a party to the proceeding, the Administrator will,
				in an appropriate case, direct the parties or their counsel to meet with him or
				her for a conference to consider:
(a) The
				necessity or desirability of amending documents for purposes of clarification,
				simplification or limitation;
(b)
				Stipulations, admissions of fact and of the contents and authenticity of
				documents;
(c) Limitations upon the
				number of parties and expert witnesses; and
(d) Such other matters as may tend to
				expedite the disposition of the issues to ensure a just conclusion of the
				proceeding.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6361 - Agreements for settlement

Current through June 11, 2024
1. At any time
				before or during a hearing, the parties may request the Administrator to allow
				them an opportunity to negotiate an agreement for settlement containing
				findings by consent and an order disposing of the proceeding or any part of it.
				The Administrator will set the amount of time to be granted for any such
				negotiation, after considering:
(a) The nature
				of the proceeding;
(b) The public
				interest;
(c) The representations
				of the parties; and
(d) The
				probability that the parties will reach an agreement which will result in a
				just disposition of the issues involved.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6364 - Conduct at hearings

Current through June 11, 2024
1. A person's
				contumacious conduct at any such hearing is a ground for exclusion from the
				hearing.
2. If a witness or a party
				refuses to answer a question after being directed to do so or refuses to obey
				an order to provide or permit discovery, the Administrator will make such an
				order as is just and appropriate, such as an order denying the application or
				regulating the content of the record.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6367 - Discovery

Current through June 11, 2024
1. A party may take the deposition of a
				witness if the witness will not be able to attend the hearing or if some other
				good reason exists for taking his or her deposition. A deposition may be taken
				orally or upon written interrogatories before any person who is designated by
				the Administrator and who has the power to administer oaths.
2. Any party desiring to take the deposition
				of a witness must make written application to the Administrator, setting forth:
(a) The reasons why the deposition should be
				taken;
(b) The time and place for
				taking the proposed deposition;
(c)
				The person before whom the deposition would be taken;
(d) The name and address of the witness;
				and
(e) The subject on which the
				witness is expected to testify.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.637 - Presentation of evidence; objections

Current through June 11, 2024
1. Except as may
				otherwise be ordered by the Administrator, the applicant for a variance must
				proceed first at a hearing.
2. The
				applicant has the burden of proof.
3. If a party objects to the admission or
				rejection of any evidence, the limitation of the scope of any examination or
				cross-examination or the failure to limit the scope, the party must state
				briefly the grounds for his or her objection. Rulings on all objections must
				appear in the record. Only objections made before the Administrator may be
				relied upon in a subsequent proceeding.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6373 - Records of hearings

Current through June 11, 2024
A stenographic or electronic record must be kept of any
				  hearing on an application for a variance. Copies of the transcript may be
				  obtained by the parties upon the filing of a written application with the
				  reporter and the payment of fees at the rate provided in the agreement with the
				  reporter or the Enforcement Section.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000; A by
				R069-20A,
				eff. 4/11/2022;	A
				  by
				  R027-23A,
				  eff. 2/9/2024
NRS 618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6376 - Briefs

Current through June 11, 2024
Within 10
				days after receipt of notice that the transcript of the testimony has been
				filed or such additional time as the Administrator may allow, each party may
				file with the Administrator proposed findings of fact and conclusions of law,
				together with a supporting brief expressing the reasons for the proposed
				findings and conclusions. The briefs and proposed findings of fact and
				conclusions of law must refer to all portions of the record and to all
				authorities relied upon in support of each proposal. A party's brief, with the
				proposed findings and conclusions, must be served on all other parties.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6379 - Decision of Administrator

Current through June 11, 2024
1. Within a
				reasonable time after the time allowed for the filing of the briefs and the
				proposed findings of fact and conclusions of law, the Administrator will make
				and serve upon each party his or her decision, which becomes final upon the
				20th day after service, unless exceptions are filed thereto.
2. The Administrator's decision will:
(a) Include the reasons for each of his or
				her findings and conclusions for each material issue of fact and law presented
				on the record, and will specify each fact which the Administrator officially
				noticed.
(b) Be based upon a
				consideration of the whole record, and will be made on the basis of a
				preponderance of the reliable and probative evidence.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › VARIANCES FROM STANDARDS › Hearings › Section 618.6382 - Exceptions to decision

Current through June 11, 2024
1. Within 20 days
				after the Administrator's decision is served, any party to the proceeding may
				file written exceptions to the decision. Such exceptions must be filed with the
				Administrator and must include:
(a) A
				reference to the specific findings of fact, conclusions of law or terms of the
				order to which the exceptions are being made;
(b) The specific pages of the transcript
				relevant to the exceptions; and
(c)
				Suggestions for correcting those findings, conclusions or terms.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.640 - Definitions

Current through June 11, 2024
As used
				in NAC 618.640 to
				618.6497,
				inclusive, and sections 3 and 4 of this regulation, unless the context
				otherwise requires, the words and terms defined in NAC
				618.64005
				to
				618.6422,
				inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000; A by
				R069-20A,
				eff. 4/11/2022
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.64005 - "Abatement" defined

Current through June 11, 2024
"Abatement" means the action taken by an
				employer to:
1. Comply with a standard
				or regulation cited by the Enforcement Section in a citation; or
2. Eliminate a hazard identified by the
				Enforcement Section in a citation.
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 › ENFORCEMENT › General Provisions › Section 618.6404 - "District manager" defined

Current through June 11, 2024
"District manager" means the officer or
				employee of the Enforcement Section who is regularly or temporarily in charge
				of a district office of the Enforcement Section or any person who is authorized
				to act for that employee or officer.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.641 - "Establishment" defined

Current through June 11, 2024
"Establishment" means a building or area where
				business is conducted or where services or industrial operations are performed,
				as a bank, central administrative office, factory, farm, hotel, mill, movie
				theater, ranch, restaurant, sales office, store or warehouse.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6413 - "Imminent danger" defined

Current through June 11, 2024
"Imminent danger" means the existence of any
				condition or practice in a workplace which could reasonably be expected
				immediately to cause death or serious physical harm to any employee if
				operations were to proceed in the workplace or if employees were to enter it
				before the condition or practice is eliminated.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6416 - "Inspection" defined

Current through June 11, 2024
"Inspection" means any inspection or
				investigation made pursuant to
				NRS
				618.325,
				618.425
				or
				618.445.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6419 - "Inspector" defined

Current through June 11, 2024
"Inspector" means a person employed as a safety
				and health representative or industrial hygienist who is authorized by the
				Chief to conduct inspections.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6422 - "Working day" defined

Current through June 11, 2024
"Working day" means every day of the year
				except Saturdays, Sundays and legal holidays.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6425 - Computation of time

Current through June 11, 2024
In computing any period prescribed or allowed
				in NAC
				618.640 to
				618.6497,
				inclusive, and sections 3 and 4 of this regulation, the day from which the
				designated period begins to run is not included. The last day of the period so
				computed is included.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial
				Relations by R142-98, 2-28-2000; A by
				R069-20A,
				eff. 4/11/2022
NRS
				618.295