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Dear Stakeholder,
Please see the attached updated guidance on voluntary use of N95 and KN95 masks. This guidance supersedes the document released on 01/21/22.
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SOUTHERN NEVADA
702-486-9140
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NORTHERN NEVADA
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NORTHEAST NEVADA
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The Division of Industrial Relations held a stakeholder meeting on January 7, 2022 to obtain input on a draft regulation on heat illness. The version reviewed during the January 7th meeting is linked here: https://www.leg.state.nv.us/Register/RegsReviewed/$R053-20A.PDF
We greatly appreciate the comments made at the stakeholder meeting. we also received several written comments. In response, we have simplified the draft regulation and made it more performance-based. Please see the attached drafts. One is a clean version and the other is redlined. The following key changes have been made:
The Division is committed to working closely with stakeholders on this issue. We will be hosting another stakeholder meeting on February 2nd to gather input on the new draft.
Attached Documents: R053-20 DIR 1.21.22 (clean version).docx R053-20 DIR 1.21.22 (redline draft).docx
Date and Time: February 2, 2022, 1PM Meeting Link:
https://nvbusinessandindustry.webex.com/nvbusinessandindustry/j.php?MTID=m66f24bfa0fd53a44b87d2538271a628a
PLEASE NOTE: If you would like to be on our mailing list for future communications from Nevada OSHA, please be sure to subscribe to the SCATS newsletter by clicking on the following link and scrolling to the bottom where it says Subscribe to Our Newsletter: Nevada SCATS: Safety Consultation and Training Section (state.nv.us)
If you would like to discuss the new draft on the phone, please feel free to reach out to us.
Sincerely,
Victoria Carreon Administrator Department of Business and Industry Division of Industrial Relations Las Vegas: (702) 486-9116 vcarreon@dir.nv.gov
Ahead of OSHA’s March 2 deadline to submit safety records (300 Log), SCATS is offering a free, online course on Friday, Jan. 28 to help business owners understand the requirements around injury and illness record-keeping.
Register Today
Note: All online classes require a computer with a web camera and may require a printer to participate. You may not log on with a cell phone.
This guidance supersedes previous Nevada Occupational Safety and Health Administration (Nevada OSHA) COVID‐19 guidance released on July 30, 2021.
OSHA COVID‐19 Vaccination and Testing Emergency Temporary Standard
As a result of the Supreme Court decision on January 13, 2022, Nevada OSHA will not be taking any action regarding the OSHA COVID‐19 Vaccination and Emergency Temporary Standard until further notice. This guidance shall be updated as new developments are made available.
Omnibus COVID‐19 Health Care Staff Vaccination Interim Final Rule
Please note that Nevada OSHA is not responsible for enforcement of the Omnibus COVID‐19 Health Care Staff Vaccination Interim Final Rule from the Centers for Medicare and Medicaid Services (CMS). On January 13, 2022, the Supreme Court lifted lower court injunctions blocking enforcement of this rule. The guidance at the following link is anticipated to be updated to remove references to non‐enforcement in certain states: https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-0
COVID‐19 Healthcare Emergency Temporary Standard
Nevada OSHA adopted the COVID‐19 Emergency Temporary Standard for healthcare workplaces effective on July 1, 2021. As of December 23, 2021, this Emergency Temporary Standard is no longer in effect.
Other Nevada OSHA COVID‐19 Guidance for Businesses
Nevada OSHA is responsible for enforcing all violations of its guidelines, protocols, and regulations promulgated pursuant to the Governor’s Directives and local directives affecting employees. Declaration of Emergency Directives #047 and #048 require all persons in counties with substantial or high community transmission rates to wear a face covering while in public indoor spaces, regardless of vaccination status. In addition, Declaration of Emergency Directives #024, #028, #044, and #045 require Nevada businesses to comply with guidelines promulgated by Nevada OSHA to minimize the risk of spread of COVID‐19. This document provides more detail on current requirements.
Need Safety Consultation Assistance?
Complying with COVID‐19 safety standards can be complex. The Division of Industrial Relations Safety Consultation and Training Section (SCATS) offers free consultations to businesses to help them understand and implement the requirements in order to comply with the health and safety guidance and directives for all businesses, and specific requirements for each industry.
If you have questions about this guidance, please call the Safety Consultation and Training Section at 702‐486‐9140 (south) or 775‐688‐3730 (north) or request a consultation online.
Nevada OSHA COVID‐19 guidance is subject to revision. Please check our website frequently for updates.
For questions about this guidance related to enforcement, please call Nevada OSHA at 702‐486‐ 9020 (south) or 775‐688‐3700 (north).
See Full Overview of Requirements
The administrative penalties for workplace safety violations levied by the Nevada Occupational Safety and Health Administration (OSHA) against employers who are not in compliance will increase effective January 15, 2022. As a result of Senate Bill 40 - passed during Nevada’s 2019 Legislative session - the Division of Industrial Relations automatically adopts penalties in alignment with those imposed by the Department of Labor OSHA enforcement program. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the Department of Labor to annually evaluate its civil monetary penalties to adjust for inflation no later than January 15 of each year.
As a result, Nevada OSHA’s administrative penalties will increase by 6.22%, effective immediately for any penalty assessed on or after January 15, 2022, regardless of when the inspection was opened. Nevada OSHA’s penalties for violations of the Nevada Occupational Safety and Health Act are as follows:
- For willful violations, where Nevada OSHA demonstrates that an employer knowingly failed to comply with an OSHA standard, or demonstrated a plain indifference for employee safety, the minimum penalty increases from $9,639 to $10,360 and the maximum penalty increases from $136,532 to $145,027.
- For repeated violations, maximum penalties will increase from $136,532 to $145,027.
- Penalties for serious violations, where workplace hazards that could cause an injury or illness that would most likely result in death or serious physical harm, the maximum penalty increases from $13,653 to $14,502.
- For each other-than-serious violation, the maximum penalty increases from $13,653 to $14,502.
- In instances where employers were previously cited and failed to correct violations, the maximum penalty increases from $13,653 to $14,502 per day unabated beyond the abatement date.
For more information, or to request a free consultation, please contact SCATS.
Clark County Building Department has Published the Following Announcement:
NOTICE TO INDUSTRY
SUBJECT: FENCE PERMIT FEES
Please be advised that the Clark County Building Department has recently discovered an error in how some fence permit fees were being calculated. Fees were being calculated on a lower project valuation number; resulting in a lower permit fee being charged.
Effective January 4, 2022 this calculation error has been corrected. As a result, please be advised the permit fees for fence permits issued on or after January 4, 2022 may be higher.
We apologize for any convenience this may cause.
Respectfully,
Jerome A. Steuve, P.E. Director & Building Official.
See original notice here
Governor’s Directives
Nevada OSHA is currently enforcing all the Governor's Directives that relate to occupational exposure to COVID-19 through the complaint and referral process and by targeting industries identified as being most at risk for COVID-19 exposure through the COVID-19 National Emphasis Program.
For more information: Governor Directives and Declarations - Nevada Health Response (nv.gov)
COVID-19 Healthcare Emergency Temporary Standard (ETS) 1
As of 12/22/2021, this Emergency Temporary Standard (ETS) has expired. This ETS may be extended by Federal OSHA. If this occurs, Nevada OSHA will also extend the ETS to ensure Nevada OSHA is at least as effective as Federal OSHA.
For more information: COVID-19 Healthcare ETS | Occupational Safety and Health Administration (osha.gov)
COVID-19 Vaccination and Testing ETS 2
Enforcement dates posted on Federal OSHA’s website regarding this ETS do not apply to Nevada OSHA.
Nevada OSHA is required to respond to Federal OSHA with an intent to adopt by January 7, 2022.
Nevada OSHA is required to adopt the COVID-19 Vaccination and Testing ETS by January 24, 2022.
Nevada OSHA will exercise enforcement discretion for noncompliance with the ETS for a period of 30 days for any requirement of the ETS (60 days for testing requirements) following adoption to allow employers sufficient time to come into compliance so long as employers are making reasonable and good faith efforts to come into compliance with the standard.
For more information: COVID-19 Vaccination and Testing ETS | Occupational Safety and Health Administration (osha.gov)
Due to the spike in COVID-19 cases, the Division of Industrial Relations has cancelled all in-person training classes being offered by SCATS until further notice. The in-person classes scheduled for 2022 will be re-scheduled to online classes as much as possible. All 10- and 30-hour OSHA classes are cancelled. Watch our website for the new online schedule.
On 12/21/2021, the Legislative Commission deferred consideration of the Division of Industrial Relations’ proposed heat regulation for further stakeholder input.
Please see the links below for the information that was submitted to the Legislative Commission.
R053-20A R053-20S R053-20B
We will be holding a stakeholder meeting to discuss the regulation and answer questions on January 7, 2022 at 10AM.
You may join the meeting via WebEx:
https://nvbusinessandindustry.webex.com/nvbusinessandindustry/j.php?MTID=m80076645907001a447f4bd90b6a3e08d
Please feel free to share this information with others who may be interested.
Victoria CarreónAdministratorDepartment of Business and Industry Division of Industrial RelationsLas Vegas: (702) 486-9116vcarreon@dir.nv.gov
Nevada OSHA's primary tool to enforce safety and health regulations and ensure safe and healthful workplaces for Nevada workers is inspections. Programmed inspections which focus on increased injury rates and specific industries are key to achieving this goal. Nevada OSHA implements this through its Inspection Targeting Plan and Emphasis Programs. If you are in an Emphasis Industry or your NAICS code is on the list of the Safety Consultation and Training Section (SCATS) can help you prepare for a visit from OSHA Enforcement.
SCATS services are confidential and free. Our job is to help you prevent costly fines and keep your employees safe. So, what are you waiting for? Call or visit our website to request a free consultation visit in just a few minutes.
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