reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › General Provisions › Section 618.6428 - Posting of notices; district managers to provide applicable statutes, regulations and standards

Current through June 11, 2024
1. An employer
				shall:
(a) Post all notices provided by the
				Enforcement Section in each of the employer's establishments in a conspicuous
				place where he or she customarily posts notices to employees; and
(b) Ensure that those notices are not
				altered, defaced or covered by other material.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Inspections › Section 618.6431 - Advance notice of inspection

Current through June 11, 2024
1. Advance notice
				of an inspection may be given only in a situation where:
(a) There appears to be an imminent danger
				and advance notice is needed to enable the employer to correct the danger as
				quickly as possible;
(b) The
				inspection can most effectively be conducted after regular business hours or
				where special preparations are necessary;
(c) The district manager determines that the
				presence of the employer, the representative of the employees or the
				appropriate personnel are needed to aid in the inspection; or
(d) The district manager determines that
				giving advance notice will increase the probability of carrying out an
				effective and thorough inspection.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Inspections › Section 618.6434 - Powers and duties of inspector

Current through June 11, 2024
1. At the beginning
				of an inspection, an inspector shall:
(a)
				Present his or her credentials to the owner, operator or agent in charge at the
				place of employment to be inspected;
(b) Explain the nature and purpose of the
				inspection;
(c) Indicate generally
				the scope of the inspection; and
(d) Designate the records the inspector
				wishes to review, but such a designation does not preclude access to additional
				records.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Inspections › Section 618.6437 - Persons authorized to accompany inspector

Current through June 11, 2024
1.
				Except as provided in subsections 6 and 7, an inspector may permit a
				representative of an employer or the employees, or both, to accompany the
				inspector on an inspection if he or she determines that the representative or
				representatives will aid the inspection.
2. Each representative of the employees must
				be a person selected by the employees of the employer being
				inspected.
3. A different
				representative of the employer or employees may be permitted to accompany the
				inspector during each phase of an inspection if this arrangement will not
				interfere with the conduct of the inspection.
4. An inspector shall resolve all disputes as
				to who is the representative authorized by the employer or employees.
5. A third person, such as an industrial
				hygienist or safety inspector, may be permitted to accompany the inspector if
				the inspector determines that the person is reasonably necessary to the conduct
				of an effective and thorough physical inspection of the workplace.
6. A representative of the employees and any
				third person accompanying the inspector must be authorized by the employer to
				enter any area containing trade secrets.
7. Only persons authorized to have access to
				information classified by an agency of the United States Government in the
				interest of national security may accompany an inspector in areas containing
				such information.
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 › Inspections › Section 618.644 - Scope of inspection

Current through June 11, 2024
If any person requests an inspection of a
				workplace by giving notice , orally or in writing, of an alleged violation to
				the Chief or a representative of the Chief, the inspector may also inspect
				matters which are not referred to in the notice.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83; A by
				R069-20A,
				eff. 4/11/2022
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Inspections › Section 618.6443 - Waiver of penalty prohibited

Current through June 11, 2024
No employer who allows an inspector to enter a
				place of employment to inspect, review records or question any person may
				impose the condition that the inspector or the Chief waive any cause of action,
				citation or penalty under chapter 618 of NRS. The inspector shall not give any
				such waiver.
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 › Inspections › Section 618.6446 - Authorization required to inspect area with classified information

Current through June 11, 2024
An
				inspector shall obtain the appropriate authorization before inspecting areas
				containing information which is classified by an agency of the United States
				Government in the interest of national security.
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 › Inspections › Section 618.6449 - Trade secrets

Current through June 11, 2024
If, during the conference at the beginning of
				an inspection, the employer identifies areas in the establishment which contain
				or might reveal a trade secret, the inspector shall label any information
				obtained in those areas, including negatives and prints of photographs and
				environmental samples, as "confidential-trade secrets" and shall not disclose
				the information except in accordance with
				NRS
				618.365.
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 › Inspections › Section 618.6452 - Objections to inspections

Current through June 11, 2024
1. If an inspector,
				while in the exercise of his or her official duties, is refused entry into any
				place of employment, the inspector shall try to ascertain the reason for the
				refusal and shall immediately report the refusal and the reason to his or her
				district manager.
2. The district
				manager shall consult with the Chief and may request the Chief to take
				appropriate action, which may include an application ex parte for a warrant to
				conduct or complete the inspection.
3. If entry is allowed but the employer
				interferes with or limits any aspect of the inspection, including a review of
				the employer's records, the questioning of persons or the right of a
				representative of the employees to accompany the inspector, the inspector shall
				try to ascertain the reason for the refusal and shall immediately report the
				refusal and any reason for it to his or her district manager.
4. The district manager shall consult with
				the Chief and may request the Chief to take appropriate action as provided in
				NRS
				618.325,
				618.435,
				618.515,
				618.665
				and
				618.705.
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 › Inspections › Section 618.6455 - Denial of request for investigation

Current through June 11, 2024
1. If the district
				manager determines that an employee requesting an investigation pursuant to
				NRS
				618.425 has not complied with the provisions
				of that section, the district manager shall notify the employee of the
				determination. Such a determination does not preclude the employee from filing
				a new complaint concerning the same violation or danger.
2. If the district manager determines that an
				inspection is not warranted with respect to a complaint made under
				NRS
				618.425, the district manager shall notify
				the employee in writing of his or her determination and the reasons for it. The
				district manager's determination is final.
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 › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6458 - Citations and notices of violations

Current through June 11, 2024
1. If an inspector,
				on the basis of his or her inspection, or the district manager, on the basis of
				the report of an inspection, believes that the employer has violated a
				requirement of
				NRS 618.375
				or of any standard or other regulation adopted pursuant to
				NRS
				618.295 or
				618.315,
				the inspector or district manager shall issue to the employer:
(a) A written citation for the
				violation;
(b) A written notice of
				violation if the violation is not serious and the employer agrees to correct it
				within a reasonable time; or
(c) An
				oral notice of the violation if it is minor and has no direct or immediate
				relationship to safety or health.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6461 - Review upon refusal to issue citation

Current through June 11, 2024
1. If a district
				manager refuses to issue a citation with respect to an inspection conducted
				pursuant to
				NRS
				618.435, the district manager shall notify
				the employee in writing of his or her determination and inform the employee of
				his or her right to informal review.
2. The employee or representative of the
				employees may obtain a review of the determination by submitting a written
				statement of his or her position to the Chief.
3. The Chief shall notify the employer in
				writing when a request for review has been submitted by an employee or
				representative of the employees.
4.
				At the request of the employee or the employer, the Chief will hold an informal
				conference at which the employee and the employer may orally present their
				views.
5. After considering all
				written and oral statements presented, the Chief will affirm, modify or reverse
				the determination of the district manager and furnish the employee and the
				employer a written notice of his or her decision and the reasons for it. The
				Chief's decision is final.
Added to NAC by Div. of
				Occupational Safety & Health, eff. 8-26-83
NRS
				618.295,
				618.435
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6464 - Imminent dangers

Current through June 11, 2024
1. An inspector may
				issue appropriate citations and notices of proposed penalties with respect to
				an imminent danger even though, after being informed of the danger, the
				employer immediately eliminates the imminence of the danger and initiates steps
				to abate it.
2. If the inspector is
				not satisfied that the employer will eliminate the danger, the inspector shall:
(a) Inform the employer and the affected
				employees of the danger and that he or she will recommend that the
				Administrator issue an emergency order pursuant to
				NRS
				618.545; and
(b) Upon the approval of the Administrator,
				deliver or cause to be delivered Form NVOSHA-8, Emergency Restraining Order to
				Remove Alleged Imminent Danger, to the employer or a representative of the
				employer.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6465 - Violations concerning movable equipment

Current through June 11, 2024
1. An employer
				shall attach a warning tag provided by the Division or a copy of the citation
				on the operating controls or component of the movable equipment that was cited
				in a citation if the Enforcement Section determines that the violation set
				forth in the citation was willful, serious or a repeat violation.
2. For handheld movable equipment, the
				warning tag or copy of the citation must be attached immediately after the
				employer receives the citation. For movable equipment that is not handheld, the
				warning tag or copy of the citation must be attached before the equipment is
				moved.
3. An employer shall ensure
				that the warning tag or copy of the citation attached to movable equipment
				pursuant to this section:
(a) Is not altered,
				defaced or covered by any material; and
(b) Remains attached to the movable equipment
				until:
(1) The violation has been abated and
				the documents required pursuant to NAC 618.6494 and 618.6495 have been
				submitted to the Enforcement Section;
(2) The movable equipment has been
				permanently removed from service or is no longer under the control of the
				employer; or
(3) The Board issues
				an order vacating the citation, whichever occurs earliest.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6467 - Posting of citation, notice of violation or notice of intent to contest citation; compliance

Current through June 11, 2024
1. Except as
				otherwise provided in this section and NAC 618.6465, upon receipt of any
				citation or notice of violation, the employer shall immediately post the
				citation or notice, or a copy of it, unedited, at or near each place where the
				alleged violation occurred.
2.
				Where, because of the nature of the employer's operations, it is not
				practicable to post the citation or notice of violation at or near each place
				of alleged violation, the citation or notice of violation must be posted,
				unedited, in a prominent place where it will be readily observable by all
				affected employees. If the employees are engaged in activities which are
				physically dispersed, the citation or notice may be posted at the location to
				which the employees report each day.
3. If the employees do not primarily work at
				or report to a single location, the citation or notice of violation may be
				posted at the location from which the employees operate to carry out their
				activities.
4. The employer shall
				ensure that the citation or notice of violation is not altered, defaced or
				covered by other material.
5. Each
				citation or notice of violation, or copy of it, must be kept posted until the
				violation has been abated, or for 3 working days, whichever is later.
6. An employer must comply with the posting
				requirements of this section even if the employer files a notice of his or her
				intent to contest a citation.
7. An
				employer is not required to comply with the requirements of this section after
				the Board issues a final order vacating a citation.
8. An employer to whom a citation has been
				issued may post a notice of the employer's intent to contest the citation in
				the same location where the citation is posted. The employer's notice may
				explain the reason for such a contest and indicate the steps that have been
				taken to abate the violation.
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,
				618.465
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.647 - Modification of time for abatement of violation: General requirements

Current through June 11, 2024
1. An employer may request a modification of
				the time allowed for abatement of a violation which is not serious or may file
				a written petition for a modification of the time allowed for abatement of a
				serious violation if the employer has made an effort in good faith to comply
				with the requirements of the citation or notice of violation but has not been
				able to complete the abatement because of factors beyond his or her reasonable
				control.
2. A request for a
				modification of the time for the abatement of a violation which is not serious
				must be made no later than the day originally set for the abatement. The
				district manager may grant an extension of time for the abatement after
				entering into an appropriate oral or written agreement with the
				employer.
3. Where the violation is
				serious, any petition for modification of the requirement for abatement
				contained in a citation must be in writing.
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 › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6473 - Modification of time for abatement of violation: Contents, posting and service of petition

Current through June 11, 2024
1. If determined to
				be pertinent and required by the district manager, the following items must be
				included in a petition for a modification of the time for the abatement of a
				serious violation:
(a) A list of all steps
				taken by the employer to achieve compliance during the prescribed period for
				the abatement and the dates on which the employer took those steps.
(b) The additional time needed to achieve
				compliance.
(c) The reasons the
				additional time is needed, such as, the unavailability of personnel, materials
				or equipment, or the inability to complete the necessary construction or
				alteration by the original date for abatement.
(d) All steps which are being taken to
				safeguard the employees against the cited hazard during the period of
				abatement.
(e) A certified
				statement that a copy of the petition has been posted and served on the
				representative of the employees, if they have a representative, and the date on
				which the posting and service was made.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6476 - Modification of time for abatement of violation: Objections to petitions

Current through June 11, 2024
1. Affected employees or their representative
				may file a written objection to a petition for a modification of the time for
				the abatement of a serious violation with the district manager. Failure to file
				an objection within 10 working days after the date of posting the petition or
				service of it upon the representative of the employees, whichever is later,
				constitutes a waiver of any further right to object to the petition.
2. If the affected employees or their
				representative objects to the petition, the district manager shall consult with
				the Chief and the Chief will make a determination. The Chief will furnish to
				the employer and the affected employees or their representative a written
				notice of his or her decision and the reasons for it. The Chief's decision is
				final.
3. If the petition is
				uncontested upon the expiration of 15 working days after the date on which a
				copy of it was posted or served upon the representative of the employees, the
				district manager may approve or deny the petition.
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 › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6479 - Modification of time for abatement of violation: Informal review upon denial of petition

Current through June 11, 2024
If the district manager denies a petition for a
				modification of the time for the abatement of a serious violation, the employer
				may request an informal review by the Chief. After considering all written and
				oral statements presented, the Chief will affirm, modify or reverse the
				determination of the district manager. The Chief's determination is
				final.
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 › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6482 - Proposed penalties

Current through June 11, 2024
1. The district
				manager shall determine the amount of any proposed penalty and may at the
				employer's request explain to the employer, in an informal conference, how the
				proposed penalty was determined.
2.
				An appropriate penalty may be proposed with respect to an alleged violation
				even though, after being informed of the alleged violation by the inspector,
				the employer immediately abates or initiates steps to abate the alleged
				violation.
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 › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6485 - Notices of contests

Current through June 11, 2024
1. An employer's
				notice of his or her intention to contest a citation or proposed penalty must:
(a) Be in writing;
(b) Be filed with the district manager;
				and
(c) Specify whether it is
				directed to:
(1) The citation; or
(2) The proposed penalty, or both.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6488 - Conference for discussion of intended contest of citation, date for abatement or proposed penalty

Current through June 11, 2024
1. At the request
				of an affected employer, an affected employee or a representative of employees,
				the district manager may hold a conference for discussion of:
(a) An intended contest of a
				citation;
(b) A date for an
				abatement; or
(c) A proposed
				penalty, within 30 calendar days after receipt of the citation or before a
				notice of contest is filed with the Enforcement Section.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6491 - Failure to correct violations

Current through June 11, 2024
1. If any
				inspection discloses that an employer has failed to correct an alleged
				violation for which a citation or notice of violation has been issued within
				the period permitted for its correction, the district manager shall if
				appropriate:
(a) Consult with the Chief;
				and
(b) Notify the employer of his
				or her failure and of the penalty or additional penalty which may be assessed
				under
				NRS
				618.655 because of that
				failure.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6494 - Abatement: Certification; exemption

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, within 10 calendar days after the date of
				abatement, an employer shall certify to the Enforcement Section on a form
				provided or approved by the Division that each violation or hazard set forth in
				a citation has been abated.
2. If
				required by the citation issued by the Enforcement Section, an employer who
				provides a certification to the Enforcement Section pursuant to subsection 1
				shall submit to the Enforcement Section documents that provide proof of
				abatement. The documents include evidence of the purchase or repair of
				equipment, photographs, videotape or other written records acceptable to the
				Enforcement Section.
3. An employer
				is not required to certify to the Enforcement Section that each violation or
				hazard set forth in a citation has been abated if an inspector, during the
				on-site portion of the inspection:
(a)
				Observes, within 24 hours after the violation or hazard has been identified,
				that abatement has occurred; and
(b) Sets forth in the citation that abatement
				has occurred.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6495 - Abatement: Submission of plan; progress report

Current through June 11, 2024
1. If
				the number of days given to an employer for abatement is more than 90 days, the
				employer may be required to submit to the Enforcement Section a plan for
				abatement for each violation or hazard set forth in a citation on a form
				provided or approved by the Division. If the employer is required to submit a
				plan for abatement pursuant to this subsection, the Enforcement Section shall
				set forth in the citation the requirement and for which violation or hazard the
				requirement must be met.
2. The
				employer shall submit a plan for abatement to the Enforcement Section within 25
				calendar days after:
(a) The citation is
				issued;
(b) The date on which the
				Board has issued an order after notice and hearing that requires abatement;
				or
(c) The date on which the
				district court has issued an order affirming the order of the Board, whichever
				is later.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6496 - Abatement: Contents of documentation; date of submission

Current through June 11, 2024
1. On each document that an employer is
				required to submit to the Enforcement Section pursuant to NAC 618.6494 and
				618.6495, the employer shall set forth:
(a)
				His or her name and address;
(b)
				The inspection number of the citation related to the document;
(c) The number of the citation and the item
				number of the citation to which the document relates;
(d) A statement that the information
				contained in the document is accurate; and
(e) The signature of the employer or an
				authorized representative of the employer.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ENFORCEMENT › Citations, Notices of Violations and Proposed Penalties; Abatements › Section 618.6497 - Abatement: Posting of documentation; notification of employee or authorized representative; right to examine or copy documents

Current through June 11, 2024
1. An employee shall post a copy or summary
				of each document submitted to the Enforcement Section pursuant to NAC 618.6494
				and 618.6495 near the place where the violation occurred or the hazard is
				located.
2. If the Enforcement
				Section determines that posting the copy or summary of a document as required
				by subsection 1 does not inform adequately each affected employee or the
				employee's authorized representative, the employer shall:
(a) Post the copy or summary for 3 working
				days in a conspicuous location where it will be readily observable by each
				affected employee or the employee's authorized representative; or
(b) Take such other action as the Enforcement
				Section determines is necessary to inform adequately each affected employee or
				the employee's authorized representative.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.650 - Definitions

Current through June 11, 2024
As used
				in NAC to 618.848, inclusive, unless the context otherwise requires:
1. The words and terms defined in NAC 618.653
				to 618.677, inclusive, have the meanings ascribed to them in those
				sections.
2. The words and terms
				defined in
				NRS
				618.029 to
				618.165,
				inclusive, have the meanings ascribed to them in those sections.
Supplied in codification; A by
				Occupational Safety & Health Review Bd.,
				2-19-87
NRS
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.653 - "Affected employee" defined

Current through June 11, 2024
"Affected employee" means an employee of an
				employer who has been cited, who is exposed to the hazard described in the
				citation as a result of his or her assigned duties.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.656 - "Authorized employee representative" defined

Current through June 11, 2024
"Authorized employee
				representative" means a labor organization which has a collective bargaining
				relationship with the employer and which represents affected employees.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.659 - "Board" defined

Current through June 11, 2024
"Board" means the Occupational Safety and
				Health Review Board.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.662 - "Citation" defined

Current through June 11, 2024
"Citation" means a written communication issued
				by the Chief to an employer pursuant to
				NRS
				618.465.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.665 - "Day" defined

Current through June 11, 2024
"Day" means a calendar day.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.668 - "Notification of proposed penalty" defined

Current through June 11, 2024
"Notification of proposed penalty" means a
				written communication issued by the Chief to an employer pursuant to
				NRS
				618.475.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.671 - "Proceeding" defined

Current through June 11, 2024
"Proceeding" means any proceeding before the
				Board.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.674 - "Representative" defined

Current through June 11, 2024
"Representative" means any person, including an
				authorized employee representative, authorized by a party or intervener to
				represent him or her in a proceeding.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.677 - "Working day" defined

Current through June 11, 2024
"Working day" means all days except Saturdays,
				Sundays or state holidays.
Dep't of Occupational Safety &
				Health, Rule No. 1 part subsec. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.680 - Scope

Current through June 11, 2024
1. The provisions of NAC 618.650 to 618.848,
				inclusive, govern all proceedings before the Board.
2. In the absence of a specific provision,
				all procedures must be in accordance with the Nevada Rules of Civil
				Procedure.
Dep't of Occupational Safety &
				Health, Rule No. 2, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.683 - Computation of time

Current through June 11, 2024
1. In computing any
				period of time prescribed or allowed in NAC 618.650 to 618.848, inclusive, the
				day from which the designated period begins to run is not included. The last
				day of the period so computed is included unless it is a Saturday, Sunday or
				state holiday. If the period prescribed or allowed is less than 7 days,
				intermediate Saturdays, Sundays and state holidays are excluded in the
				computation.
2. If service of a
				document is made by mail pursuant to NAC 618.707, 3 days must be added to the
				time allowed for the filing of a responsive pleading.
Dep't of Occupational Safety &
				Health, Rule No. 4, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.686 - Extensions of time

Current through June 11, 2024
A request for an extension of time for the
				filing of any document required to be filed by NAC 618.650 to 618.848,
				inclusive, must be received at least 3 days before the date on which the
				document is due.
Dep't of Occupational Safety &
				Health, Rule No. 5, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.692 - Penalties

Current through June 11, 2024
All
				penalties assessed by the Enforcement Section are civil penalties.
Dep't of Occupational Safety &
				Health, Rule No. 109, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › General Provisions › Section 618.695 - Filing

Current through June 11, 2024
1. Before the Board is notified of an appeal
				or contest, all papers required to be filed must be filed with the Chief at 400
				West King Street, Suite 400, Carson City, Nevada 89703. After the Board is
				notified of an appeal or contest, all papers required to be filed must be filed
				with the Board at the address given in the notice of the appeal or
				contest.
2. Except as otherwise
				ordered by the Chief or the Board, all papers required to be filed must be
				filed by first-class certified mail, return receipt requested, or by personal
				delivery, with an affidavit of service.
3. The filing is effective at the time of
				mailing.
Dep't of Occupational Safety &
				Health, Rule No. 8, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98, 2-28-2000; A
				by
				R069-20A,
				eff. 4/11/2022
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.698 - Participation by affected employee

Current through June 11, 2024
1. An affected
				employee may participate as a party in the hearing before the Board if:
(a) The affected employee notifies the Board
				and all parties in writing at least 30 days before the beginning of the
				hearing, of his or her desire to participate; or
(b) For good cause shown, the Board allows
				the affected employee to participate as a party without notice.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.701 - Representation of parties and interveners; qualifications of representatives

Current through June 11, 2024
1. Any party to or intervener in a hearing
				before the Board may appear in person or through a representative.
2. A representative of a party or intervener
				controls all matters respecting the interest of the party or intervener in the
				proceeding.
3. Affected employees
				who are represented by an authorized employee representative may appear only
				through the authorized employee representative.
4. A representative of a party, an intervener
				or a representative of employees is not required to be an attorney at
				law.
5. Unless 1 year has elapsed
				since the termination of his or her employment, a former employee of the
				Division, the Enforcement Section or the Chief may not appear before the Board
				as an attorney or other representative for any party in any proceeding or other
				matter, formal or informal, for which he or she was personally responsible
				during the period of his or her employment.
Dep't of Occupational Safety &
				Health, part Rule No. 22 & Rule No. 106, eff. 11-9-73-NAC A by Occupational
				Safety & Health Review Bd., 2-19-87; A by Div. of Industrial Relations by
				R142-98, 2-28-2000
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.704 - Withdrawal of representative

Current through June 11, 2024
Any representative may withdraw from
				representation by filing a written notice of withdrawal and by serving a copy
				of the notice on all parties and interveners.
Dep't of Occupational Safety &
				Health, part Rule No. 22, eff. 11-9-73-NAC A by Occupational Safety &
				Health Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.707 - Service of process: General requirements

Current through June 11, 2024
1. When a
				pleading or other document is filed, a copy of the document must be served by
				the party or intervener filing the document on every other party or
				intervener.
2. Service upon a party
				or intervener who is appearing through a representative must be made only upon
				the representative.
3. Unless
				otherwise ordered by the Board or the Chief, service must be made by
				first-class certified mail, return receipt requested, or by personal
				delivery.
4. Service is completed
				when the document is mailed or delivered.
Dep't of Occupational Safety &
				Health, Rule No. 7 subsecs. 1-3, eff. 11-9-73-NAC A by Occupational Safety
				& Health Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Parties › Section 618.713 - Proof of service

Current through June 11, 2024
1. Proof of service
				must be made by a written affidavit which gives the date and manner of service.
				The affidavit must be filed with the pleading or document.
2. If service is accomplished by posting,
				proof of posting must be made by written affidavit filed not later than the
				first working day after the document is posted.
Dep't of Occupational Safety &
				Health, Rule No. 7 subsecs. 4 & 5, eff. 11-9-73-NAC A by Occupational
				Safety & Health Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.716 - Contents of initial pleading

Current through June 11, 2024
An initial pleading filed by any person must
				contain the person's name, address and telephone number. Any change in this
				information must be communicated promptly in writing to the Board and to all
				other parties and interveners. A party or intervener who fails to furnish this
				information shall be deemed to have waived the right to notice and
				service.
Dep't of Occupational Safety &
				Health, Rule No. 6, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.719 - All relevant documents to be submitted to Board with notice of appeal or contest

Current through June 11, 2024
All relevant documents must be sent to the
				Board with the notice of appeal or contest.
Dep't of Occupational Safety &
				Health, Rule No. 32, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.720 - Notice of appeal or contest to be sent to all interested parties

Current through June 11, 2024
A copy of
				the notice of an appeal or contest sent by the Enforcement Section to the Board
				must also be sent to all interested parties.
Added to NAC by Occupational Safety
				& Health Review Bd., eff. 2-19-87
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.722 - Captions; titles of cases

Current through June 11, 2024
1. A hearing before
				the Board initiated by a notice of contest must be titled "Chief of the
				Occupational Safety and Health Enforcement Section of the Division of
				Industrial Relations of the Department of Business and Industry, Complainant
				vs. Respondent."
2. A hearing
				before the Board initiated by an appeal must be titled "(Name of employer),
				Petitioner vs. Chief of the Occupational Safety and Health Enforcement Section
				of the Division of Industrial Relations of the Department of Business and
				Industry, Respondent."
3. The
				titles must appear at the left upper portion of the first page of any pleading
				or document, other than exhibits.
4. The first page of any pleading or
				document, other than exhibits, must show, at the upper right of the page
				opposite the title, the docket number, if known, assigned by the
				Board.
Dep't of Occupational Safety &
				Health, Rule No. 31, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.725 - Form of pleadings

Current through June 11, 2024
1. Except as
				otherwise provided in this section, there are no specific requirements for the
				form of any pleading. A pleading must contain a caption sufficient to identify
				the parties in accordance with NAC 618.722, which must include the Board's
				docket number, if assigned, and a clear and plain statement of the relief that
				is sought, and the grounds for that relief.
2. Pleadings and other documents, other than
				exhibits, must be typewritten, double spaced, on letter size opaque paper,
				approximately 8 1/2 by 11 inches. The left margin must be 1 1/2 inches and the
				right margin 1 inch. Pleadings and other documents must be fastened at the
				upper left corner.
3. Pleadings
				must be signed by the party filing or by his or her representative. This
				signature constitutes a representation by the signer that he or she has read
				the document or pleading, that to the best of his or her knowledge, information
				and belief the statements made therein are true, and that the pleading is not
				interposed for delay.
4. The Board
				may refuse for filing any pleading or document which does not comply with the
				requirements of this section.
Dep't of Occupational Safety &
				Health, Rule No. 30, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.734 - Response to motions

Current through June 11, 2024
Any party or intervener upon whom a motion is
				served has 10 days from the service of the motion to file a response.
Dep't of Occupational Safety &
				Health, Rule No. 37, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.737 - Statement of position

Current through June 11, 2024
At any time before the commencement of the
				hearing before the Board, any person entitled to appear as a party, or any
				person who has been granted leave to intervene, may file a statement of
				position with respect to any or all issues to be heard.
Dep't of Occupational Safety &
				Health, Rule No. 36, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.740 - Petition for leave to intervene

Current through June 11, 2024
1. A petition for
				leave to intervene in a hearing before the Board must be filed at least 30 days
				before the date of the hearing.
2.
				The petition must describe the interest of the petitioner in the proceeding,
				show that the participation of the petitioner will assist in the determination
				of the issues in question, and that the intervention will not unnecessarily
				delay the proceeding.
3. The Board
				will grant a petition for intervention to such an extent and upon such terms as
				the Board determines to be proper.
Dep't of Occupational Safety &
				Health, Rule No. 21, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Pleadings, Motions and Other Papers › Section 618.743 - Failure to file pleadings

Current through June 11, 2024
Failure to file any pleading when due may
				constitute a waiver of the right to further participation in the
				proceedings.
Dep't of Occupational Safety &
				Health, Rule No. 38, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Complaints › Section 618.746 - Filing by Chief; allegations; amendment of citation or proposed penalty

Current through June 11, 2024
1. The Chief shall file a complaint with the
				Board no later than 20 days after his or her receipt of a notice of
				contest.
2. The complaint must
				allege all violations and proposed penalties which are contested, stating with
				particularity:
(a) The basis for
				jurisdiction;
(b) The time,
				location, place and circumstances of each alleged violation; and
(c) The considerations upon which the
				citation and the proposed penalty for each alleged violation are
				based.