reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 14 - RECORDS › Section 227-14-003

Current through June 17, 2024
Records necessary to determine compliance with these rules
				  include, but are not limited to records of:
A. the name, permanent address, and temporary
				address of each worker;
B. the
				name, permanent address, and temporary address of each subcontractor;
C. the work classification of each
				employee;
D. the rate of monetary
				wages and fringe benefits, if any, paid to each employee;
E. the total compensation paid to each
				employee during each pay period and the date it was paid;
F. the dates of each employee's
				employment;
G. the daily and weekly
				hours worked by each employee;
H.
				any deductions taken from the employee's total compensation and an explanation
				thereof;
I. the actual net wages
				paid to each employee during each pay period;
J. the agreements required to be furnished to
				each worker;
K. the agreements
				between the contractor and any subcontractors;
L. the statements of earnings given to each
				employee;
M. the agreements between
				the contractor and farmers, the owner, or lessor of the land used for the
				production of crops;
N. any payroll
				or other records pertaining to the contractor's business as a farm labor
				contractor and the manner in which the contractor conducts such
				business;
O. copies of completed
				Immigration and Naturalization Service I-9 forms for every worker.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 15 - RECORDS AVAILABILITY › Section 227-15-003

Current through June 17, 2024
The Commissioner may issue subpoenas for the production of
				  any papers, books, accounts, documents, or records which are necessary in
				  determining if the farm labor contractor has complied with these rules and the
				  Farm Labor Contractors Act.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-002

Current through June 17, 2024
Any person not paid wages owed to him/her by a farm labor
				  contractor or any farmer not paid advances due them by the farm labor
				  contractor has a right of action against the surety on the bond or deposit with
				  the Commissioner. The individual may exercise this right or may assign this
				  right to another.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-004

Current through June 17, 2024
Any person seeking to recover on the bond or from the deposit
				  with the Commissioner must first establish the licensee's liability. The
				  liability may be established in any of the following ways:
A. A final judgement of state or federal
				court;
B. A final administrative
				order issued pursuant to statute or rule;
C. The acknowledgement of the contractor of
				such liability;
D. Other
				satisfactory evidence of liability as may be shown which established the
				liability.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-005

Current through June 17, 2024
Claims against the bond or deposit will not be paid unless,
				  within six (6) months after the end of the license year to which the bond or
				  deposit applies, the claimant or claimant's assignee gives notice of the claim
				  by certified mail to the surety and the Commissioner.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-006

Current through June 17, 2024
Any claim or notice of claim filed pursuant to a claimant's
				  right of action must be filed as follows:
A. If the filing is against a surety bond,
				the claim or notice must be filed with the surety and the Commissioner. Such
				filing must be by certified mail;
B. If the filing is against a deposit held by
				the Commissioner, the claim or notice must be filed with the Department by
				certified mail.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-007

Current through June 17, 2024
The Commissioner and the surety shall make payments on the
				  bond or deposit in the following priority:
A. Payments on wage claims;
B. Payments on advances made to or on behalf
				of the contractor by a farmer or an owner or lessee of land intended to be used
				for the production of crops;
C. If
				there are insufficient funds to pay all wage claims in full, such claims will
				be paid in part;
D. If there are
				insufficient funds to pay advances in full after all wage claims are paid, such
				advances will be paid in part.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 17 - ENFORCEMENT ACTION AGAINST THE BOND OR DEPOSIT › Section 227-17-008

Current through June 17, 2024
In order to insure that all wage claims will be accorded
				  priority treatment, the Commissioner may delay any payments for advances
				  claimed, until the expiration of the time within which wage claims may be
				  submitted. The Commissioner may make conditional payment based upon adequate
				  security that subsequent wage claims will be paid.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-002

Current through June 17, 2024
The following violations are considered to be of such
				  magnitude and seriousness that the Commissioner or the Commissioner's designee
				  will only propose to deny or refuse to renew a license application or to
				  suspend or revoke a license:
A. Making
				a misrepresentation, false statement or certification or willfully concealing
				information on the license application;
B. Willfully making or causing to be made any
				false, fraudulent or misleading representation, or publishing or circulating
				any false, fraudulent or misleading information concerning the terms,
				conditions or existence of employment at any place or by any person;
C. Violating or causing to be violated an
				existing contract of employment;
D.
				Knowingly employing an alien not legally present or legally employable in the
				United States;
E. Assisting an
				unlicensed person to act as a farm labor contractor;
F. In any way inducing an employee or
				subcontractor of the contractor to give up any part of the compensation to
				which the employee or subcontractor is entitled under a contract or under
				federal or state wage laws;
G.
				Intentionally altering a license or permit, or using the license or permit of
				another;
H. Knowingly permitting
				another to use the licensee's license or permit; or
I. Failing to provide worker's compensation
				insurance if required to do so.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-003

Current through June 17, 2024
When the applicant for a license or a licensee demonstrates
				  that the applicant's or licensee's character, reliability or competence makes
				  the applicant or licensee unfit to act as a farm labor contractor, the
				  Commissioner or the Commissioner's designee shall propose that the license
				  application be denied or license of the licensee be suspended, revoked or not
				  renewed.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-004

Current through June 17, 2024
The following actions of a farm labor contractor license
				  applicant or licensee demonstrate that the applicant's or the licensee's
				  character, reliability and competence make the applicant or licensee unfit to
				  act as a farm labor contractor:
A.
				Conviction of a felony in connection with the applicant's or licensee's
				business operations as a farm labor contractor;
B. Willful violation of the terms and
				conditions of any work agreement or contract;
C. Failure to comply with federal, state or
				local laws or ordinances relating to the payment of wages, income taxes, social
				security taxes, unemployment compensation tax or any tax of any sort;
D. Knowingly fail or refuse to seek food,
				water, shelter, or medical attention, or to provide any other necessary goods
				or services required for the safety and health of workers;
E. Failure to file or furnish all forms and
				other information required;
F.
				Failure to report any change in the circumstances under which the license was
				issued, including the failure to notify the Division of any change in the
				permanent or temporary address of the applicant or licensee.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-005

Current through June 17, 2024
When a farm labor contractor's license application is denied
				  or a license is revoked or when the Commissioner refuses to renew a license,
				  the Commissioner or the Commissioner's designee will not issue the applicant or
				  licensee a license for a period of three (3) years from the date of the denial,
				  refusal to issue or revocation of the license.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-006

Current through June 17, 2024
Notwithstanding paragraph 005 above, the Commissioner, for
				  good cause shown, may issue a license to a contractor whose application has
				  been previously denied or whose license was not renewed or was revoked before
				  the expiration of three (3) years, provided:
A. the contractor submits a petition
				explaining each and every reason why the contractor should be licensed;
				and
B. the contractor files a
				completed application with the petition and pays the appropriate
				fees.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-007

Current through June 17, 2024
The Commissioner shall grant or deny the petition referred to
				  in paragraph 006 above and in so doing shall consider the following
				  factors:
A. the magnitude and
				seriousness of the violation or violations which led to the denial, refusal to
				renew or revocation of the license;
B. the petitioner's past history in taking
				all necessary measures to prevent or correct violations of statutes or
				rules;
C. the petitioner's other
				prior violations of the statute or rules, if any;
D. other matters which indicate to the
				Commissioner that the petitioner is not likely to violate these rules in the
				future.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 227 - DEPARTMENT OF LABOR › Chapter 19 - DENYING, SUSPENDING, REVOKING OR REFUSING TO RENEW LICENSE › Section 227-19-008

Current through June 17, 2024
All hearings relating to the procedures set forth in these
				  rules and in the Farm Labor Contractors Act shall be held pursuant to 223 NAC
				  5, and the Administrative Procedures Act.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 1 - NEBRASKA AMUSEMENT RIDE ACT DEFINITIONS › Section 228-1-004 - Qualified Inspector

Current through June 17, 2024
"Qualified Inspector" shall mean any person certified by the
				  commissioner under Neb. Rev. Stat. §
									48-1802
				  who also meets the requirements of 228 NAC 2.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 1 - NEBRASKA AMUSEMENT RIDE ACT DEFINITIONS › Section 228-1-005 - Reinspection

Current through June 17, 2024
"Reinspection" is an inspection, other than the annual
				  inspection, made as a result of a major alteration, major breakdown, or for any
				  cause which may be deemed necessary by the Commissioner.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 1 - NEBRASKA AMUSEMENT RIDE ACT DEFINITIONS › Section 228-1-006 - Spot inspection

Current through June 17, 2024
"Spot inspection" is an inspection, other than the annual
				  inspection or reinspection, that may be made by the department or designee of
				  any amusement ride at any time that is operating or that is setting up to
				  operate in Nebraska. Upon discovery of a hazardous or unsafe condition, a
				  temporary suspension of the operating permit will occur. The amusement ride
				  shall not be allowed to be operated until a reinspection by a qualified
				  inspector is performed. No inspection fee shall be charged for a spot
				  inspection.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 2 - QUALIFIED INSPECTOR REQUIREMENTS › Section 228-2-002

Current through June 17, 2024
In order for a person to be found by the commissioner to
				  possess the requisite training and experience to perform competently the
				  inspections required by the Nebraska Amusement Ride Act, he or she must
				  annually apply on a form designated by the commissioner and establish the
				  following:
A. He or she is certified
				by either the National Association of Amusement Ride Safety Officials (NAARSO)
				to have an maintain at least a level two certification or the Amusement
				Industry Manufacturers & Suppliers. International (AIMS) to have and
				maintain at least a level II, Certified Ride Inspector certification;
				and
B. The inspector or his or her
				business/employer has an insurance policy in effect written by an insurance
				company authorized to do business in this state. In the case of all amusement
				rides other than bungee jumping operations, such policies shall provide
				coverage in an amount of not less than one (1) million ($1,000,000) per
				occurrence against liability for injury to persons arising out of the operation
				of the amusement ride. In the case of permits issued for bungee jumping
				operations, the minimum amounts of insurance shall be not less than one million
				dollars ($1,000,000) for each accident.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 2 - QUALIFIED INSPECTOR REQUIREMENTS › Section 228-2-003

Current through June 17, 2024
If a qualified inspector loses his or her certification
				  required in (002XA) of this chapter, the qualified inspector shall notify the
				  Department immediately. Upon loss of certification, the inspector is no longer
				  considered qualified to conduct inspection for Nebraska,.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 2 - QUALIFIED INSPECTOR REQUIREMENTS › Section 228-2-004

Current through June 17, 2024
If the insurance is suspended, cancelled, or expires and/or
				  if the qualified inspector/business/employer changes insurance companies, the
				  qualified inspector shall notify the Department and submit proof of insurance
				  coverage to the Commissioner immediately or the qualified inspector will no
				  longer be qualified to conduct inspections for Nebraska.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-003

Current through June 17, 2024
All fees collected by the Commissioner under the provisions
				  of this chapter shall be transmitted to the state treasurer and credited to the
				  amusement ride fund and shall be used for the sole purpose of administering the
				  provisions of the Nebraska Amusement Ride Act. Any money available for
				  investment shall be invested by the state investment officer. Checks for these
				  fees shall be made payable to the Nebraska Department of Labor/Amusement and
				  mailed to the Department of Labor, P.O. Box 95024, Lincoln, Nebraska 68509. An
				  owner/operator is not required to make cash payments for any service or any
				  cause or purpose to an inspector or other representative of the
				  Commissioner.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-004

Current through June 17, 2024
Each year an owner or operator shall annually apply to the
				  Department for a permit on a form furnished by the department and containing
				  such information as the department may require at least fifteen (15) days prior
				  to its operation in the State of Nebraska during a calendar
				  year.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-005

Current through June 17, 2024
An application for a permit shall include:
A. Completed Application for Amusement Ride
				Operating Permit:
B. A completed
				Nebraska Amusement Ride Inspection Report signed by a qualified inspector. to
				include a state inspection checklist as designated by the
				Commissioner:
C. Current
				certificate of insurance written by an insurance company authorized to do
				business in Nebraska with at least one (1) million dollars minimum liability
				coverage: and P. Permit fee of fifty dollars
(
$50) per
				ride.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-007

Current through June 17, 2024
Upon the sale or transfer of a permitted amusement ride the
				  current permit holder shall notify the department in writing within five (5)
				  working days of such transaction and provide information concerning the
				  recipient. The permit shall be removed or obliterated before the ride is sold
				  or transferred by the permit holder. The new owner shall comply with the
				  inspection/permit process as outlined in this rule. A permit is not
				  transferable.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-009

Current through June 17, 2024
Any inspection required pursuant to the Nebraska Amusement
				  Ride Safety Act shall be conducted at a minimum to meet the manufacturer's or
				  engineer's specifications and to follow the applicable national standards
				  including ASTM Standards for the amusement ride.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-010

Current through June 17, 2024
Should an owner/operator contract and/or book with more than
				  one carnival, fair, or amusement park within a season which reflects a change
				  and/or elimination of their liability insurance coverage, they will be required
				  to obtain new permits for each booking prior to operation. Such changes will
				  include an insurance company suspending, canceling, and/or a policy expiring as
				  contained under Chapter 7. It is the responsibility of the owner/operator to
				  notify the Department of Labor whenever it becomes necessary to obtain new
				  permits. Owner/operatorfs) that relocate their rides by booking on with each
				  other to operate rides in different locations must verify in writing proof of
				  insurance specifying each ride/device covered by insurance. Should proof of
				  insurance not be made available to the Commissioner and/or his/her designee,
				  permits to operate shall be immediately revoked.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-011

Current through June 17, 2024
The Commissioner may waive the requirement that an
				  application for a permit must be filed fifteen days prior to operation in
				  Nebraska, if the applicant gives satisfactory proof to the Commissioner that he
				  or she could not reasonably comply with the date requirement and if the
				  applicant immediately applies for a permit after the need for a permit is first
				  determined.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 3 - PERMIT REQUIREMENTS › Section 228-3-012

Current through June 17, 2024
For the purpose of determining if an amusement ride is in
				  safe operating condition and will provide protection to the public using such
				  ride or device, each amusement ride shall be inspected by a qualified inspector
				  before it is initially placed in operation in Nebraska and shall thereafter be
				  inspected at least once each year as required by
Neb. Rev. Stat.
§
									48-1804.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 4 - ITINERARY REQUIRED › Section 228-4-002

Current through June 17, 2024
The owner of a traveling amusement ride(s) shall file with
				  the department an annual event itinerary on a department form indicating the
				  information listed below at least fourteen (15) days prior to the first
				  scheduled setup or within five (5) days when cancellations or additional
				  locations occur:
(A) Name of amusement
				ride owner/comoany:
(B) Name of
				carnival, fair, or activity sponsor;
(C) Address and telephone number of the site
				or event sponsor;
(D) Event datefs)
				open to the public:
(E) Date of
				setup; and
(F) Name of the
				amusement ride company contact person on-site
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 5 - PERMIT AND INSPECTION FEES › Section 228-5-002

Current through June 17, 2024
Annual permit and inspection fees under this chapter shall be
				  as follows:
A. Operational permit fees
				shall be fifty dollars ($ 50.00) for each permit for each amusement ride other
				than a bungee jumping operation.
B.
				Mechanical inspection fees for amusement rides other than bungee lumping
				operations, shall be one hundred thirty dollars ($ 130.00) for each inspection
				by the department of each amusement ride.
C. Inspection and permit fees for bungee
				jumping operations for each inspection by the department shall be:
1. Fifty dollars ($ 50.00) for each
				operational permit for each bungee jumping operation and:
2. Seven hundred dollars ($ 700.00) for a
				mechanical inspection fee performed by the department.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 5 - PERMIT AND INSPECTION FEES › Section 228-5-003

Current through June 17, 2024
AH fees collected by the Commissioner under the provisions of
				  this chapter shall be transmitted to the state treasurer and credited to the
				  Mechanical Safety Inspection fund and shall be used for the sole purpose of
				  administering the provisions of the Nebraska Amusement Ride Act. Any money
				  available for Investment shall be invested by the state investment officer.
				  Checks for these fees shall be made payable to the Nebraska Department of
				  Labor/Amusement and mailed to the Department of Labor. P.O. Box 95024. Lincoln.
				  Nebraska 68509.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 5 - PERMIT AND INSPECTION FEES › Section 228-5-004

Current through June 17, 2024
The Department is authorized:
A. To enter without delay and at reasonable
				times any assembly area or other area where amusement rides and amusement
				devices are being assembled or are in use.
B. To inspect and investigate during regular
				working hours and at other reasonable times, and within reasonable limits and
				within a reasonable manner, any such place of amusement, and to question
				privately any operator or employee.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 5 - PERMIT AND INSPECTION FEES › Section 228-5-005

Current through June 17, 2024
Any re-inspections made on an amusement ride or device by or
				  on behalf of the Department may result in both additional operational and
				  mechanical fees being charged to an owner/operator. Re-inspections may be made
				  at the request of an owner/operator and/or as determined necessary by a state
				  inspector.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 5 - PERMIT AND INSPECTION FEES › Section 228-5-006 - Suspension of permit to operate

Current through June 17, 2024
The Commissioner may suspend the permit to operate of an
				  owner/operator for an amusement ride determined after inspection to be
				  hazardous or unsafe, a breakdown or malfunction of an amusement ride that has
				  directly caused serious injury or death of any person, misrepresentation of
				  material information required as part of the application for permit to operate,
				  failure to comply with a safety order issued by an authorized representative,
				  disregard of public safety and welfare, lapsing of the required insurance
				  coverage, or failure to pay fees that are required under the provisions of the
				  Nebraska Amusement Ride Act and this chapter.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 6 - CESSATION ORDER › Section 228-6-002

Current through June 17, 2024
The Commissioner may order, in writing, a temporary cessation
				  of operation of any amusement ride or related electrical equipment if it has
				  been determined after inspection and/or observation to be hazardous or
				  unsafe.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 6 - CESSATION ORDER › Section 228-6-004 - Personal injuries and deaths

Current through June 17, 2024
An owner/operator shall submit a report in writing to the
				  Commissioner due to an accident resulting in injury to any person within
				  forty-eight hours after occurrence of the incident. The report of an accident
				  shall be a duplicate copy of the report submitted to insurance companies. The
				  operator shall immediately report by telephone any accident in which a fatality
				  occurs or a person suffers a fracture, concussion, laceration, or other
				  traumatic injury requiring immediate surgical or medical care. The
				  Commissioner, after consultation and determination with the owner and/or
				  operator, may require that the scene of such an accident be secured and not
				  disturbed to any greater extent than necessary for removal of the deceased or
				  injured persons. If a ride is removed from service by the Commissioner, he/she
				  shall order an immediate investigation and the ride or device shall be released
				  for repair and operation only after complete investigation. In such cases that
				  resulted in death, formal written release of the ride must be given by the
				  Commissioner to the owner prior to resuming operation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 6 - CESSATION ORDER › Section 228-6-005 - Mechanical failure reports

Current through June 17, 2024
The operator shall immediately report to the Commissioner a
				  major breakdown after occurrence of the incident by telephone. Upon being
				  advised of such an incident, the Commissioner or his/her designee, after
				  reviewing the circumstances, may order the ride or device to be withheld from
				  operation and, in such cases, the Commissioner shall conduct an immediate
				  investigation. The ride or device shall be released for repair and operation
				  only after the complete investigation by the Commissioner's
				  representative.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 6 - CESSATION ORDER › Section 228-6-006

Current through June 17, 2024
A. If a qualified inspector finds a condition
				on an amusement ride which does not comply with the rules, he/she will notify
				the owner. The amusement ride shall not be operated or permitted until the
				condition is corrected and the amusement ride is reinspected by a qualified
				inspector. If the qualified inspector determines the safety hazard is limited
				to an individual tub/cart and the ride may be operated safely without
				occupation of the tub/cart, the amusement ride may be operated without the use
				of the impacted tub/cart.
B. In a
				situation where a spot inspection reveals a condition that is a direct and
				immediate severe hazard to health or a direct and imminent danger to life, the
				department inspector or designee shall verbally stop the operation of an
				amusement ride/amusement device immediately. The department inspector or
				designee shall notify the commissioner of the action taken. The operator shall
				eliminate the cause of hazard prior to again restarting the amusement
				ride/amusement device. The department inspector or designee shall make an
				emergency inspection and issue a recommended mechanical repair prior to
				operation.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 7 - INSURANCE › Section 228-7-002 - Owner

Current through June 17, 2024
A. No person shall be issued a permit to
				operate a ride under this chapter unless, at the time of operation, the owner
				has an insurance policy in effect written by an insurance company authorized to
				do business in this state. In the case of all amusement rides other than bungee
				jumping operations, such policies shall provide coverage in an amount of not
				less than one (1) million ($ 1.000.000) per occurrence against liability for
				injury to persons arising out of the operation of the amusement ride. In the
				case of permits issued for bungee jumping operations, the minimum amounts of
				insurance shall be not less than one million dollars ($ 1.000.000) for each
				accident.
B. If the insurance is
				suspended, cancelled, or expires and/or if the amusement ride owner/operator
				changes insurance companies, the amusement ride owner/operator shall notify the
				Department of Labor and submit proof of insurance coverage to the Commissioner
				immediately or operations will be discontinued and permits) previous issued
				will be revoked without further notice to the owner/operator. After permits)
				have been revoked, the amusement ride owner/operator must reapply with the
				Department of Labor.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 8 - RIDE OPERATORS › Section 228-8-002

Current through June 17, 2024
An amusement ride shall be operated by a competent ride
				  operator trained for the duty. The ride operator of a ride or device, other
				  than bungee jumping operations shall be at least sixteen years of age. In the
				  case of bungee jumping operations, the ride operator shall be at least
				  twenty-one years of age. Ride operators shall meet minimum age requirements
				  above the age of sixteen years when indicated by the insurance company insuring
				  the ride prior to operating any ride or device.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 8 - RIDE OPERATORS › Section 228-8-003

Current through June 17, 2024
Each ride or device shall be operated by a competent ride
				  operator trained for the duty. Each ride operator shall receive instructions
				  and/or training from a responsible party prior to operating each amusement ride
				  or device. Such training shall include a review of Nebraska's amusement ride
				  rules and regulations. A current copy of Nebraska's amusement ride rules and
				  regulations shall be maintained and available for review by operators. The
				  length of training shall be determined by the owner and documented in writing
				  as completed by both the owner and operator. This information shall be made
				  available upon request of a Qualified inspector. This written policy and a list
				  of competent ride operators shall be made and maintained by amusement ride
				  owners. The training policy shall be filed with the Commissioner upon each
				  annual application for permit to operate. The competent operators list must
				  specify all rides or devices the operator is trained to run.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 8 - RIDE OPERATORS › Section 228-8-004

Current through June 17, 2024
A ride operator shall have knowledge of the use and function
				  of all normal operating controls, signal systems, and safety devices applicable
				  to the ride or device and of the proper use, function, capacity, and speed of
				  the particular ride or device which he or she is operating,
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 228 - DEPARTMENT OF LABOR › Chapter 8 - RIDE OPERATORS › Section 228-8-005

Current through June 17, 2024
A ride operator shall have complete control of the ride or
				  device at ail times when it is being operated for the public's use. When the
				  ride or device is shut down, provision shall be made to prevent operation by
				  the public. No person other than a trained ride operator shall be permitted to
				  handle the controls of a ride or device during normal operation except where it
				  is designed to be controlled by the passenger
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-002

Current through June 17, 2024
A. All new boilers and hot water heaters,
				unless otherwise exempt, to be operated in this jurisdiction shall be designed,
				constructed, inspected, stamped and installed in accordance with the ASME Code
				and these rules and regulations. Boilers for which an ASME Manufacturer's Data
				Report is required shall bear the manufacturer's "NB" number as registered with
				the National Board. A copy of the Manufacturer's Data Report, signed by the
				manufacturer's representative and the National Board Commissioned authorized
				inspector, shall be filed with the National Board and with the chief inspector
				of the jurisdiction. A copy of the Manufacturers/Installing Contractor Report
				for ASME CSD-1 shall be filed with the chief inspector of the
				jurisdiction.
B. All new pressure
				vessels, unless otherwise exempt, to be operated in this jurisdiction shall be
				designed, constructed, inspected, stamped and installed in accordance with the
				ASME Code and these rules and regulations. Pressure vessels for which an ASME
				Manufacturer's Data Report is required shall bear the manufacturer's "NB"
				number as registered with the National Board. A copy of the Manufacturer's Data
				Report, signed by the manufacturer's representative and the National Board
				Commissioned authorized inspector, shall be filed with the National Board. A
				copy of the ASME Manufacturer's Data Report, signed by the manufacturer's
				representative and the authorized inspector, shall be submitted to the chief
				inspector of the jurisdiction.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-003

Current through June 17, 2024
State Special - if, due to a valid impediment to compliance
				  with the original code of construction, a boiler or pressure vessel cannot bear
				  the required construction code and National Board stamping, details in the
				  English language and United States customary units of the proposed
				  construction, material specifications and calculations, approved by a
				  registered professional engineer experienced in boiler and pressure vessels
				  design, shall be submitted to the chief inspector by the owner or operator
				  prior to the boiler or pressure vessel being installed in Nebraska. Approval as
				  a "State Special" may be given where the chief inspector finds the boiler or
				  pressure vessel to be in compliance with acceptable standards and approval is
				  obtained from the Commissioner before construction or installation is
				  started.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-004

Current through June 17, 2024
Before a secondhand boiler or pressure vessel is installed or
				  reinstalled, application for permission to install it shall be filed by the
				  owner or user with the chief inspector and his/her approval
				  obtained.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-005

Current through June 17, 2024
Minimum clearance for pressure vessels at sides and back wall
				  shall be three feet. Where a pressure vessel manufacturer identifies in the
				  Installation Manual or any other document that the unit requires more than
				  three feet clearance, those dimensions shall be followed. Pressure vessels
				  having man ways shall have five feet of clearance between the man way opening
				  and any wall, ceiling or piping that will prevent a person from entering the
				  pressure vessel. Clearance in front of the pressure vessel shall be sufficient
				  for operation, maintenance and repair but not less than three feet. The Chief
				  Inspector may waive the minimum clearance requirements of this section if the
				  following requirements have been met:
A. The installer of the pressure vessel shall
				make written request to, and obtain written approval from, the owner and the
				owner's insurance company or Authorized Inspection Agency to use the proposed
				minimum clearances; and
B. The
				installer shall make a written request to the Chief Inspector to use the agreed
				upon minimum clearances. This request shall include copies of the approvals
				noted in 229NAC005.A above; and
C.
				There remains adequate clearance for inspection, maintenance, operation and
				repair of the pressure vessel.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-006

Current through June 17, 2024
Minimum clearance at sides and back wall of boilers shall be
				  three feet. Where a boiler manufacturer identifies in the Installation Manual
				  or any other document that the unit requires more than three feet clearance,
				  those dimensions shall be followed. Boiler manholes shall have five feet of
				  clearance between the manhole opening and any wall, ceiling or piping that will
				  prevent a person from entering the boiler. Clearance in front of the boiler
				  shall be sufficient for operation, maintenance and repair but not less than
				  three feet. The Chief Inspector may waive the minimum clearance requirements of
				  this section if the following requirements have been met:
A. The installer of the boiler shall make
				written request to, and obtain written approval from, the owner and the owner's
				insurance company or Authorized Inspection Agency to use the proposed minimum
				clearances; and,
B. The installer
				shall make a written request to the Chief Inspector to use the agreed upon
				minimum clearances. This request shall include copies of the approvals noted in
				229NAC005.A above; and,
C. There
				remains adequate clearance for inspection, maintenance, operation and repair of
				the boiler.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-007

Current through June 17, 2024
A. For all newly installed boilers built to
				ASME Section I, when the boiler is completed in the Manufacturer's shop without
				boiler external piping or the boiler external piping was not hydrostatically
				tested at the shop, subsequent hydrostatic testing of the boiler external
				piping shall be the responsibility of any holder of a valid ASME Certification
				Mark with the "S", "A", or "PP" designator. The hydrostatic test shall be
				conducted in accordance with the requirements of ASME Section I,
				PG-99.
B. All new field assembled
				boilers built to ASME Section IV that bear the "H" designator shall meet the
				requirements in ASME Section IV, HG-532 and HG-533. All field assembled Cast
				Iron boilers shall be hydrostatically tested in accordance with ASME Section
				IV, HC-410. This test shall be documented on the State of Nebraska NE-R-1
				Report of Non-Welded Repairs and Hydrostatic Tests.
C. All boilers and pressure vessels that
				require further field fabrication of the pressure boundary parts by welding
				shall be completed, hydrostatically tested and certified in accordance with the
				original code of construction.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-008

Current through June 17, 2024
For purposes of
Neb. Rev. Stat
. §
									48-726,
				  the application of heat from an indirect or direct source is not considered to
				  include those processes that use ambient air or the natural
				  environment.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-009

Current through June 17, 2024
Exemptions under
Neb. Rev. Stat.
§
									48-726
				  for: [Note: 229 NAC 2 §009: "as of September 4, 2005" only applies to
				  §009(L).]
A. Boilers of railway
				locomotives subject to federal inspection.
B. Boilers operated and regularly inspected
				by railway companies operating in interstate commerce.
C. Boilers under the jurisdiction and subject
				to regular periodic inspection by the United States Government. Pressure
				vessels used for transportation and storage of compressed or liquefied gases
				when constructed in compliance with specifications of the U.S. Department of
				Transportation or Food and Drug Administration and when charged with gas
				marked, maintained and periodically requalified for use, as required by
				appropriate regulations of the U.S. Department of Transportation or Food and
				Drug Administration are considered to be exempt from inspection under the Act
				under the exception provided for at
Neb. Rev. Stat
. §
									48-726(3).
D. Boilers used exclusively for agricultural
				purposes.
E. Steam heating boilers
				in single-family residences and apartment houses with four or less units using
				a pressure of less than fifteen pounds per square inch and having a safety
				valve set at not higher than fifteen pounds pressure per square inch.
F. Heating boilers using water in
				single-family residences and apartment houses with four or less units using a
				pressure of less than thirty pounds per square inch and having a safety valve
				set at not higher than thirty pounds pressure per square inch.
G. Fire engine boilers brought into the state
				for temporary use in times of emergency.
H. Boilers of a miniature locomotive or boat
				or tractor or stationary engine constructed and maintained as a hobby and not
				for commercial use and having a diameter of less than ten inches inside
				diameter and a grate area not in excess of one and one-half square feet and
				that are properly equipped with a safety valve.
I. Hot water supply boilers if none of the
				following limitations is exceeded:
(1) Two
				hundred thousand British thermal units of input;
(2) One hundred twenty gallons of nominal
				capacity; or
(3) two hundred ten
				degrees Fahrenheit output.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-010

Current through June 17, 2024
The following codes have been adopted:
A. The following sections of the 2015 Edition
				of the ASME Boiler and Pressure Vessel Code and any edition or addenda
				published by ASME on or before July 1, 2015:
(1) ASME Section I, Rules for Construction of
				Power Boilers;
(2) ASME Section II
				Part A, Ferrous material Specifications;
(3) ASME Section II Part B, Nonferrous
				Material Specifications;
(4) ASME
				Section II Part C, Specifications for Welding Rods, Electrodes, and Filler
				Metals;
(5) ASME Section II Part D,
				Properties;
(3) ASME Section IV
				Rules for Construction of Heating Boilers;
(4) ASME Section V Nondestructive
				Examination;
(5) ASME Section VI,
				Recommended Guidelines for the Care and Operation of Heating Boilers;
(6) ASME Section VII, Recommended Guidelines
				for the Care of Power Boilers;
(7)
				ASME Section VIII Division 1, Rules for the Construction of Pressure
				Vessels;
(8) ASME Section VIII
				Division 2, Alternative Rules for the Construction of Pressure
				Vessels;
(9) ASME Section VIII
				Division 3, Alternative Rules for the Construction of High Pressure
				Vessels;
(10) ASME Section IX,
				Welding and Brazing Qualifications;
(11) ASME Section X, Fiber-Reinforced Plastic
				Pressure Vessels; and
(12) ASME
				Section XII, Rules for Construction and Continued Service of Transport
				Tanks.
Nebraska Administrative Code › Topic - LABOR, DEPARTMENT OF › Title 229 - DEPARTMENT OF LABOR › Chapter 2 - MINIMUM CONSTRUCTION STANDARDS FOR BOILERS AND PRESSURE VESSELS › Section 229-2-011 - ASME Code Cases and Interpretations

Current through June 17, 2024
A.
				Proposed Code Cases to the ASME Boiler & Pressure Vessel Code Sections will
				be reviewed by the chief inspector. If during the review he/she determines that
				the proposed Code Case does not meet the safety requirements outlined in the
				Nebraska Boiler Inspection act, he/she shall forward the proposed Code Case to
				the Boiler Safety Code Advisory Board for review and their recommendation. The
				Boiler Safety Code Advisory Board's recommendation will be forwarded to the
				Commissioner of Labor for final approval. If the Commissioner of Labor
				determines that the proposed Code Case will not be allowed to be used in the
				construction of boilers or pressure vessels to be installed in the state,
				he/she shall post a notice on the agency web site. Unless otherwise noted, Code
				Cases issued by ASME can be used upon their approval by the ASME Boiler and
				Pressure Vessel Committee.
B.
				Interpretations of the ASME Code can be used as issued unless there is a
				disagreement in the applicability between the manufacturer and the Authorized
				Inspection Agency. The chief inspector shall be contacted for resolution and
				acceptance of any interpretation when there is a disagreement between the
				manufacturer and the inspection agency.
C. The chief inspector shall use the latest
				edition or any previous edition/addenda, including previous interpretations, of
				the ASME code, ANSI codes, or other such standards or publications for guidance
				in making a determination if a question arises in the use of a Code Case or an
				ASME interpretation. If a resolution cannot be found, the Boiler Safety Code
				Advisory Board shall be contacted for a recommendation and forwarded to the
				Commissioner of Labor for a final resolution.