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Ex. DUT-NV-009 Standing duty Primary source read

Nevada Administrative Code chapter 618 (Occupational Safety and Health), including NAC 618.538-618.540 (written safety program) and the Division's standards and adoptions by reference

NAC Chapter 618 - Occupational Safety and Health (chapter page as published by the Nevada Legislature)

Division of Industrial Relations, Department of Business and Industry (Nevada OSHA) · Nevada (State)

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The record

Jurisdiction
Nevada
Level
State
Authority
NRS 618.295, 618.383
Effective
standing regulation 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
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (written safety program: all employers; safety committee: more than 25 employees)
Character
workplace duty
Collection
Standing duties: Nevada DUT-NV

Operative words

a written safety program must include:... (b) An explanation of the methods used to identify, analyze and control new and existing hazardous conditions;... (e) A method for ensuring that employees comply with the safety rules and work practices.

Penalty

NRS 618.625-618.655: administrative fines for violation of any 'standard, rule, regulation or order promulgated or prescribed pursuant to this chapter'

What it required

Every employer's written safety program (required by NRS 618.383) must explain the methods used to identify, analyze and control new hazardous conditions and contain a method for ensuring that employees comply with the safety rules and work practices; Nevada OSHA's COVID-19 guidance invoked NAC 618.540(1)(e) as the mechanism by which an employer enforces its distancing, sanitation and face-covering protocols against its own workforce.

Retrieval note

Nevada OSHA's May 29, 2020 guidance: where distancing protocols are not followed 'the employee will be subject to the employer's existing methods established for ensuring compliance with safety rules and work practices per NAC 618.540(1)(e)' (Ex. AGY-ST-LABOR-WORKPLACE-030). The chapter text read for this record does not itself contain a general adoption by reference of 29 C.F.R. Part 1910; Nevada OSHA's guidance nevertheless cited 29 C.F.R. 1910.1030 (bloodborne pathogens) and 29 C.F.R. 1926.15 as 'Required' federal standards enforced in Nevada (Exs. AGY-ST-LABOR-WORKPLACE-028, -030), and the State plan enforces the federal standards it has adopted under NRS 618.295; Chapter page renders at about 112 pages.