The COVID Project
The record
- Jurisdiction
- Nevada
- Level
- State
- Authority
- Nev. Const. art. 4, s. 1; Nevada Occupational Safety and Health Act, Stats. 1973, ch. 591 (NRS ch. 618); 29 U.S.C. 667 (State plan)
- Effective
- standing law in force throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers; owners or lessees of any real property used as a place of employment (618.395)
- Character
- workplace duty
- Collection
- Standing duties: Nevada DUT-NV
Operative words
Every employer shall: 1. Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his or her employees.... 5. Do every other thing reasonably necessary to protect the lives, safety and health of employees.
Penalty
NRS 618.625(2): administrative fines up to the corresponding federal civil penalty under 29 U.S.C. 666 as inflation-adjusted (in 2021, $13,653 per serious violation and $136,532 per willful or repeated violation); 618.635 willful or repeated violations; 618.645 mandatory fine for each serious violation; 618.655 failure to correct; 618.685 willful violation causing death: misdemeanor, up to $50,000 and 6 months (first offense), gross misdemeanor up to $100,000 and 364 days (subsequent); NRS 618.545(1): emergency order of the Administrator restraining conditions or practices of imminent danger and prohibiting 'the employment or presence of any person' where the danger exists, with injunctive relief
What it required
Every employer must furnish a place of employment free from recognized hazards likely to cause death or serious physical harm, 'adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the Division,' and 'do every other thing reasonably necessary to protect the lives, safety and health of employees'; no employer may 'require, permit or suffer any employee to go or be in any employment or place of employment which is not safe and healthful' (618.385), and no employer, owner or lessee of real property may maintain a place of employment that is not safe and healthful (618.395).
Retrieval noteNRS 618.375(2): 'Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the Division.' NRS 618.385: 'An employer shall not: 1. Require, permit or suffer any employee to go or be in any employment or place of employment which is not safe and healthful.... 3. Fail or neglect to do every other thing reasonably necessary to protect the life, safety and health of such employees. 4. Maintain any place of employment that is not safe and healthful.' NRS 618.395: 'An employer, owner or lessee of any real property in this State shall not construct, cause to be constructed or maintained any place of employment that is not safe and healthful.' NRS 618.295(1): the Division 'shall adopt such regulations as are necessary to provide safe and healthful employment.' Nevada OSHA's enforcement letter of July 23, 2020 announced cease-operations orders 'under NRS 618.545(1) until the business has established and implemented operating procedures to comply with the requirements' (Ex. AGY-ST-LABOR-WORKPLACE-032). SB 4 s. 31 (Ex. NV-054) amended NRS 233B.039 to except the Division 'acting to enforce the provisions of NRS 618.375' from the Administrative Procedure Act, confirming the Legislature's 2020 understanding that the general duty clause was the enforcement vehicle for the COVID-19 protocols. Chapter page renders at about 71 pages.