[Rev. 11/27/2007 9:51:22 AM]
CHAPTER 618 - OCCUPATIONAL SAFETY AND HEALTH
GENERAL PROVISIONS
618.001 Definitions.
618.002 “Administrator” defined.
618.004 “Chief” defined.
618.006 “Division” defined.
618.008 “Enforcement Section” defined.
CRANES
General Provisions
618.342 Definitions.
618.3425 “Certification program” defined.
618.343 “Certifying authority” defined.
618.344 “Crane” defined.
618.3445 “Crane operator” defined.
618.346 “Emergency” defined.
618.348 “Grounded” defined.
618.349 “Load block” defined.
618.350 “Load rating chart” defined.
618.3505 “Mobile crane” defined.
618.351 “Person” defined.
618.352 “Prime contractor” defined.
618.353 “Quadrant” defined.
618.354 “Rated load test” defined.
618.355 “Tower crane” defined.
618.3555 “Trainee” defined.
618.357 “Warning tape” defined.
618.358 Adoption of standards by reference; review of revisions and addenda.
Certifying Authorities
618.359 Requirements for approval.
618.360 Employment by owner or lessee of crane prohibited; exception.
Cranes Able to Lift Loads Weighing at Least 3 Tons: Use
618.364 Highly hazardous lift: Maintenance of clear zone.
Tower Cranes: Certificates of Operation
618.365 Circumstances requiring issuance.
618.366 Qualifications.
618.367 Compliance with requirements.
618.368 Form; signature.
618.369 Notification of Nevada Occupational Safety and Health Administration upon denial.
618.370 Expiration; violation of requirements for qualification.
Cranes Used to Erect or Dismantle Tower Cranes: Certificates of Operation
618.380 Circumstances requiring issuance.
618.381 Qualifications.
618.382 Compliance with requirements.
618.383 Form; signature.
618.384 Notification of Nevada Occupational Safety and Health Administration upon denial.
618.385 Expiration; violation of requirements for qualification.
Tower Cranes: Use
618.394 Plan for erection or dismantling of tower crane: Submission; contents; maintenance on location; meeting for review.
618.395 Termination of process to erect or dismantle tower crane.
618.396 Condition of devices installed on crane to determine ability of crane to bear load.
618.397 Erection or dismantling of tower crane: Maintenance of clear zone.
Mobile Cranes and Tower Cranes: Certification of Operators
618.402 Certification required; responsibilities of employer of crane operator.
618.404 Certification program: Provision of blank copy of certification form to Division; contents of form.
618.405 Certification program: Withdrawal of approval; limitation on types of cranes for which program is approved.
618.407 Provisional certificate: Issuance; requirements; expiration; renewal; maintenance.
618.408 Provisional certificate: Responsibilities of employer of trainee.
618.410 Provisional certificate: Restrictions on operation of crane by trainee.
PHOTOVOLTAIC SYSTEM PROJECTS
General Provisions
618.450 Definitions.
618.453 “Licensee” defined.
618.456 “Photovoltaic installer” defined.
Licensing of Photovoltaic Installers
618.459 Requirements for examination for licensure.
618.462 Application for license; notification of change in mailing address.
618.465 Grounds for denial of application for license.
618.468 Renewal of license.
Disciplinary Action
618.471 Imposition of administrative fine: Notice.
618.474 Imposition of administrative fine: Appeal; hearing; decision.
618.477 Suspension or revocation of license: Request for hearing; hearing; decision.
CONSTRUCTION PROJECTS
618.490 Definitions.
618.494 “Construction project” defined.
618.496 “Designated safety officer” defined.
618.501 “Project manager or construction superintendent” defined.
618.503 Adoption of standards by reference.
618.505 Notice of construction project; meetings between Chief of Enforcement Section and general contractor or owner of construction project.
618.507 Elevator or personnel hoist required for construction of certain structures; approval of alternative means of access.
MANUFACTURE OF EXPLOSIVES
General Provisions
618.509 Definitions.
618.5092 “Barricade” defined.
618.5093 “Binary explosive” defined.
618.5094 “Division 1.1 explosives” defined.
618.5095 “Division 1.2 explosives” defined.
618.5096 “Division 1.3 explosives” defined.
618.5097 “Explosives manufacturing building” defined.
618.5098 “Explosives manufacturing plant” defined.
618.5099 “Ground level” defined.
618.510 “Magazine” defined.
618.5101 “Mass explosion” defined.
618.5102 “Provider of training related to explosives” defined.
Permit for Construction or Alteration of Explosives Manufacturing Plant
618.5105 Application for permit: Content; incomplete or inaccurate documentation.
618.5106 Suspension or revocation of permit for violations.
618.5107 Notice of suspension or revocation of permit.
618.5108 Appeal of suspension or revocation of permit.
Certificates of Competency
618.5110 Services for which certificate required.
618.5111 Requirements for certificate.
618.5112 Renewal of certificate.
618.5113 Suspension or revocation of certificate.
618.5114 Notification of Enforcement Section of pending explosives training course.
Safety Programs and Procedures
618.5115 Adoption by reference of standards relating to process safety management of highly hazardous chemicals.
618.5116 Adoption by reference of standards relating to the storage of explosives.
618.5117 Establishment of safety procedures and written safety program; availability of training materials to employees.
618.5118 Training of employees for duties relating to manufacture of explosives.
618.5119 Separation of buildings within confines of explosives manufacturing plant.
618.5120 Requirements for barricades.
MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE
618.5155 Definitions.
618.5159 “Ammonium perchlorate” defined.
618.5163 “Blending” defined.
618.5167 “By-product” defined.
618.5171 “Chemical intermediate” defined.
618.5179 “Drying” defined.
618.5183 “Explosive properties” defined.
618.5187 “Incompatible material” defined.
618.5191 “Operation” defined.
618.5195 “Operation building” defined.
618.5199 “Operation facility” defined.
618.5203 “Process” defined.
618.5207 “Qualified employee” defined.
618.5211 “Redissolve ammonium perchlorate” defined.
618.5215 “Storage pad” defined.
618.5219 Applicability.
618.5223 Training of employees.
618.5231 Plan of action for emergency.
618.5235 Contractors and subcontractors: Duties of employer who operates operation facility.
618.5239 Protective clothing and equipment; showers.
618.5243 Facilities for employees to change clothing.
618.5247 Requirements for construction of operation building.
618.5251 Posting of signs prohibiting smoking.
618.5255 Standards for equipment used to manufacture ammonium perchlorate.
618.5259 Safe temperature for drying ammonium perchlorate; mechanism for controlling temperature.
618.5263 Use of separator or detector of foreign materials in screening of raw materials.
618.5267 Barriers to protect against entry; posting of signs warning against trespassing.
618.5271 Operating procedures and rules of safety.
618.5275 Availability and enforcement of operating procedures.
618.5279 General requirements for manufacture, handling and storage of ammonium perchlorate.
618.5283 Clean up of spills and hazardous residues; maintenance of clean environment.
618.5287 Redissolution or disposal of contaminated ammonium perchlorate.
618.5291 Identification, labeling and tracking of redissolve and finished ammonium perchlorate.
618.5295 Tools and equipment.
618.5299 Repair of operation building and machinery.
618.5303 Use of inorganic oil for lubrication.
618.5307 Facilities for storage of lubricating oil or fuel oil; performance of fueling operations.
618.5311 Restriction of vehicular traffic; inspection and cleaning of vehicles used within operation facility.
618.5315 Permit for hot work.
618.5319 Transportation of ammonium perchlorate.
618.5323 Storage of ammonium perchlorate: General requirements.
618.5327 Storage of ammonium perchlorate: Construction of storage pad.
618.5331 Storage of ammonium perchlorate: Requirements for containers.
618.5335 Storage of ammonium perchlorate: Distances from inhabited buildings, storage pads and operation buildings.
SAFETY PROGRAMS
618.538 Establishment of written safety program.
618.540 Requirements of written safety program.
618.542 Records of written safety program.
618.544 Conformance with document and videotape produced by Division.
RECORDS AND REPORTS
618.550 Definitions.
618.5502 “Act” defined.
618.5504 “Establishment” defined.
618.5506 “First aid” defined.
618.5508 “Lost workdays” defined.
618.551 “Medical treatment” defined.
618.5512 “Recordable occupational injury or illness” defined.
618.553 Scope.
618.556 Employer’s log and summary.
618.559 Log and summary: Period covered.
618.562 Supplementary records.
618.565 Annual summary.
618.571 Copies of required forms.
618.574 Retention of records.
618.577 Access to records.
618.580 Small employers.
618.583 Retention of records for employees not in fixed establishments.
618.586 Petitions for relief from regulations.
618.589 Exceptions to reporting requirements; adoption of standards by reference.
VARIANCES FROM STANDARDS
General Provisions
618.630 Definitions.
618.6304 “Affected employee” defined.
618.6307 “Interim order” defined.
618.631 “Permanent order” defined.
618.6313 “Temporary order” defined.
618.6316 Application for permanent variance: General requirements.
618.6319 Application for permanent variance: Contents.
618.6322 Interim order: Application; notice of terms of order.
618.6325 Consideration of application made while proceeding on citation pending.
618.6328 Consolidation.
618.6331 Denial of application.
618.6334 Notice of application; decision of Administrator.
618.6337 Acceptance of federal variance.
618.634 Variance not retroactive.
Hearings
618.6343 Request for hearing.
618.6346 Hearings conducted by Administrator or hearing officer.
618.6349 Powers of Administrator.
618.6352 Parties to hearings.
618.6355 Service of process; proof of service.
618.6358 Prehearing conference.
618.6361 Agreements for settlement.
618.6364 Conduct at hearings.
618.6367 Discovery.
618.637 Presentation of evidence; objections.
618.6373 Records of hearings.
618.6376 Briefs.
618.6379 Decision of Administrator.
618.6382 Exceptions to decision.
ENFORCEMENT
General Provisions
618.640 Definitions.
618.64005 “Abatement” defined.
618.6401 “Board” defined.
618.6404 “District manager” defined.
618.641 “Establishment” defined.
618.6413 “Imminent danger” defined.
618.6416 “Inspection” defined.
618.6419 “Inspector” defined.
618.6422 “Working day” defined.
618.6425 Computation of time.
618.6428 Posting of notices; district managers to provide applicable statutes, regulations and standards.
Inspections
618.6431 Advance notice of inspection.
618.6434 Powers and duties of inspector.
618.6437 Persons authorized to accompany inspector.
618.644 Scope of inspection.
618.6443 Waiver of penalty prohibited.
618.6446 Authorization required to inspect area with classified information.
618.6449 Trade secrets.
618.6452 Objections to inspections.
618.6455 Denial of request for investigation.
Citations, Notices of Violations and Proposed Penalties; Abatements
618.6458 Citations and notices of violations.
618.6461 Review upon refusal to issue citation.
618.6464 Imminent dangers.
618.6465 Violations concerning movable equipment.
618.6467 Posting of citation, notice of violation or notice of intent to contest citation; compliance.
618.647 Modification of time for abatement of violation: General requirements.
618.6473 Modification of time for abatement of violation: Contents, posting and service of petition.
618.6476 Modification of time for abatement of violation: Objections to petitions.
618.6479 Modification of time for abatement of violation: Informal review upon denial of petition.
618.6482 Proposed penalties.
618.6485 Notices of contests.
618.6488 Conference for discussion of intended contest of citation, date for abatement or proposed penalty.
618.6491 Failure to correct violations.
618.6494 Abatement: Certification; exemption.
618.6495 Abatement: Submission of plan; progress report.
618.6496 Abatement: Contents of documentation; date of submission.
618.6497 Abatement: Posting of documentation; notification of employee or authorized representative; right to examine or copy documents.
PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD
General Provisions
618.650 Definitions.
618.653 “Affected employee” defined.
618.656 “Authorized employee representative” defined.
618.659 “Board” defined.
618.662 “Citation” defined.
618.665 “Day” defined.
618.668 “Notification of proposed penalty” defined.
618.671 “Proceeding” defined.
618.674 “Representative” defined.
618.677 “Working day” defined.
618.680 Scope.
618.683 Computation of time.
618.686 Extensions of time.
618.692 Penalties.
618.695 Filing.
Parties
618.698 Participation by affected employee.
618.701 Representation of parties and interveners; qualifications of representatives.
618.704 Withdrawal of representative.
618.707 Service of process: General requirements.
618.710 Service of process: Authorized employee representatives; unrepresented employees.
618.713 Proof of service.
Pleadings, Motions and Other Papers
618.716 Contents of initial pleading.
618.719 All relevant documents to be submitted to Board with notice of appeal or contest.
618.720 Notice of appeal or contest to be sent to all interested parties.
618.722 Captions; titles of cases.
618.725 Form of pleadings.
618.734 Response to motions.
618.737 Statement of position.
618.740 Petition for leave to intervene.
618.743 Failure to file pleadings.
Complaints
618.746 Filing by Chief; allegations; amendment of citation or proposed penalty.
618.749 Answer.
Hearings
618.752 Conduct of hearings by Board.
618.755 Disqualification of member of Board.
618.758 Chief’s participation in hearing.
618.761 Ex parte communication.
618.764 Confidential information.
618.767 Prehearing conference.
618.770 Notice of hearing.
618.773 Withdrawal of notice of contest.
618.776 Postponement of hearing.
618.779 Expedited proceeding.
618.782 Failure of party to appear.
618.785 Conduct at hearings.
618.788 Burden of proof.
618.791 Subpoenas.
618.794 Failure to comply with order for discovery.
618.797 Depositions; interrogatories.
618.800 Requests for admissions.
618.803 Rules of evidence.
618.806 Exhibits.
618.809 Examination of witnesses; affidavits.
618.812 Inspection and reproduction of documents.
618.815 Objections.
618.818 Depositions.
618.821 Oral arguments.
618.824 Severance.
618.827 Consolidation.
618.830 Time for filing briefs or proposed findings of fact or conclusions of law.
618.833 Settlement.
618.836 Decision of Board.
618.839 Stay of final order.
618.842 Transcript.
618.845 Reporter’s fees.
618.848 Witness fees; fees to persons taking depositions.
ABATEMENT OF ASBESTOS
General Provisions
618.850 Definitions.
618.851 “Abatement” defined.
618.852 “Abatement worker” defined.
618.853 “Accredited” defined.
618.854 “Activity for the abatement of asbestos” defined.
618.856 “Aggressive sampling” defined.
618.857 “AHERA” defined.
618.860 “Asbestos” defined.
618.861 “Asbestos fiber” defined.
618.862 “Building” defined.
618.863 “Containment area” defined.
618.864 “Contractor” defined.
618.866 “Demolition” defined.
618.869 “Emergency asbestos project” defined.
618.870 “Employee” defined.
618.874 “EPA” defined.
618.875 “Friable material containing asbestos” defined.
618.879 “Inspector” defined.
618.881 “License” defined.
618.882 “Licensed consultant” defined.
618.883 “Licensee” defined.
618.884 “Lock down” defined.
618.885 “Maintenance” defined.
618.886 “Management planner” defined.
618.887 “Material containing asbestos” defined.
618.8875 “Material presumed to contain asbestos” defined.
618.888 “Monitor” defined.
618.889 “Nonfriable material containing asbestos” defined.
618.890 “Occupant” defined.
618.8905 “Owner of a building or structure” defined.
618.891 “Plan for the abatement of asbestos” defined.
618.892 “Project designer” defined.
618.893 “Project for spot repairs” defined.
618.894 “Project for the abatement of asbestos” defined.
618.895 “Removal” defined.
618.896 “Renovation” defined.
618.897 “Repair” defined.
618.898 “Structural member” defined.
618.899 “Structure” defined.
618.900 “Supervisor” defined.
618.9005 “Surfacing material” defined.
618.9015 “Thermal system insulation” defined.
618.902 “Training course approved by the EPA” defined.
618.903 “Training day” defined.
618.904 “TSCA” defined.
618.906 Adoption by reference of certain provisions of Code of Federal Regulations and other publications.
618.907 Limitations on exposure of persons to asbestos; notice of excess levels in building; compliance with requirements.
Licensing and Accreditation to Perform Services
618.910 Application for initial license; period of validity of license.
618.911 Action by Enforcement Section on application for license or renewal.
618.912 Grounds for denial of application for license or renewal.
618.913 Renewal of license: Generally.
618.914 Renewal of license: Fee.
618.915 Licensing of persons authorized to act in other states.
618.9155 Contractors: License required; qualified employees; compliance.
618.916 Contractors: Prerequisites to obtaining license; fee.
618.917 Contractors: Training and examination.
618.918 Contractors: Requirements for maintenance of license.
618.919 Contractors: Permission to act as limited contractor.
618.920 Supervisors: Prerequisites to obtaining license; fee.
618.921 Supervisors: Training and examination.
618.922 Supervisors: Location of current license.
618.923 Supervisors: Permission to act as probationary supervisor.
618.924 Abatement workers: Prerequisites to obtaining license; fee.
618.925 Abatement workers: Training and examination.
618.926 Abatement workers: Location of current license.
618.927 Consultants: Licensing requirements; fee.
618.928 Consultants: Services which may be provided.
618.929 Consultants: Location of current license.
618.930 Consultants: Accreditation in particular disciplines.
618.9305 Inspectors: Requirements for performance of certain inspections; exceptions.
618.931 Inspectors: Qualifications for accreditation.
618.932 Inspectors: Training and examination.
618.933 Inspectors: Services that may be provided.
618.934 Inspectors: Permission to act as inspector trainee.
618.935 Management planners: Qualifications for accreditation.
618.936 Management planners: Training and examination.
618.937 Management planners: Services that may be provided.
618.9375 Project designer: Development of plan for abatement of asbestos.
618.938 Project designers: Qualifications for accreditation.
618.939 Project designers: Training and examination.
618.940 Project designers: Services that may be provided.
618.941 Monitors: Qualifications for accreditation.
618.942 Monitors: Training and examination.
618.943 Monitors: Services that may be provided.
618.944 Monitors: Permission to act as monitor trainee.
618.945 Exemption of licensed supervisors and contractors from licensing as abatement worker.
618.946 Licensing of person who performs project for spot repairs.
618.948 Analyses of samples: Accreditation of laboratories; certification of analyst.
Performance of Activities for Abatement
618.950 Applicability of provisions of Code of Federal Regulations.
618.951 Exemption of certain activities from requirements.
618.952 Declaratory order regarding nature of activity: Petition; issuance; appeal.
618.953 Records of contractor: Maintenance; availability to Enforcement Section; retention.
618.954 Project for the abatement of asbestos: Notification of Enforcement Section; fees.
618.955 Emergency asbestos project: Notification of Enforcement Section.
618.956 Project for the abatement of asbestos: Final clearance.
618.958 Project for spot repairs.
618.960 Demolition of building or structure.
618.961 Material presumed to contain asbestos.
Disciplinary Action
618.970 Penalties for violation of provisions; action against jointly responsible licensees.
618.971 Licensee presumed to have knowledge of actions of employees; rebuttal of presumption.
618.972 Imposition of administrative fine: Notification of licensee.
618.973 Imposition of administrative fine: Appeal to Chief.
618.974 Imposition of administrative fine: Review of Chief’s decision.
618.975 Suspension, modification or revocation of license: Grounds.
618.976 Suspension, modification or revocation of license: Notification of licensee.
618.977 Suspension, modification or revocation of license: Appeal to Chief.
618.978 Suspension, modification or revocation of license: Review of Chief’s decision.
618.979 Summary suspension of license: Grounds.
618.980 Summary suspension of license: Notification of licensee.
618.981 Summary suspension of license: Appeal to Chief.
618.982 Summary suspension of license: Review of Chief’s decision.
618.983 Summary suspension of license: Permanency of suspension.
618.984 Summary suspension of license: Modification and revocation of suspension.
618.985 Summary suspension of license: Withdrawal.
618.986 Certain powers of Administrator not affected by provisions.
GENERAL PROVISIONS
NAC 618.001 Definitions. (NRS 618.295) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 618.002 to 618.008, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.002 “Administrator” defined. (NRS 618.295) “Administrator” means the Administrator of the Division.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.004 “Chief” defined. (NRS 618.295) “Chief” means the Chief Administrative Officer of the Enforcement Section.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.006 “Division” defined. (NRS 618.295) “Division” means the Division of Industrial Relations of the Department of Business and Industry.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.008 “Enforcement Section” defined. (NRS 618.295) “Enforcement Section” means the Occupational Safety and Health Administration of the Division.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000; A by R116-06, 11-13-2006)
CRANES
General Provisions
NAC 618.342 Definitions. (NRS 618.295, 618.880) As used in NAC 618.342 to 618.410, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.3425 to 618.357, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.3425 “Certification program” defined. (NRS 618.295, 618.880) “Certification program” means a program approved by the Division to certify persons to operate a mobile crane or a tower crane pursuant to the provisions of this chapter and chapter 618 of NRS.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.343 “Certifying authority” defined. (NRS 618.295, 618.880) “Certifying authority” means a person who is approved by the Division to inspect and certify tower cranes which are used to erect and dismantle tower cranes pursuant to the provisions of NAC 618.359, 618.360, 618.365 to 618.370, inclusive, and 618.380 to 618.385, inclusive.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.344 “Crane” defined. (NRS 618.295, 618.880) “Crane” means a machine which has a movable boom which:
1. Lifts and lowers a load and moves it horizontally; and
2. Is designed so that the mechanism which lifts the load is an integral part of the machine.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.3445 “Crane operator” defined. (NRS 618.295, 618.880) “Crane operator” means a person who holds a certificate to operate a mobile crane or a tower crane issued by a certification program.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.346 “Emergency” defined. (NRS 618.295, 618.880) “Emergency” means a condition which poses an imminent threat of injury or death to any person or harm to property.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.348 “Grounded” defined. (NRS 618.295, 618.880) “Grounded” means placed at a point at which the weight of a load is no longer borne by the crane which lifts that load.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.349 “Load block” defined. (NRS 618.295, 618.880) “Load block” has the meanings ascribed to it in the standards adopted by reference pursuant to NAC 618.358, as the context requires.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.350 “Load rating chart” defined. (NRS 618.295, 618.880) “Load rating chart” has the meaning ascribed to it in the standards adopted by reference pursuant to NAC 618.358.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.3505 “Mobile crane” defined. (NRS 618.295, 618.880) “Mobile crane” means a machine that is capable of traveling, is used for hoisting and moving a load by using cables which run unencumbered over the boom or jib sheave, and has a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.351 “Person” defined. (NRS 618.295, 618.880) “Person” means a natural person.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.352 “Prime contractor” defined. (NRS 618.295, 618.880) “Prime contractor” means the contractor who has the ultimate authority and responsibility at any location where a crane is used. The term includes “general contractor” and “management contractor.”
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.353 “Quadrant” defined. (NRS 618.295, 618.880) “Quadrant” means one of the four sections into which the area surrounding the base of a crane is divided based upon the center of rotation of the crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.354 “Rated load test” defined. (NRS 618.295, 618.880) “Rated load test” has the meanings ascribed to it in the standards adopted by reference pursuant to NAC 618.358, as the context requires.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.355 “Tower crane” defined. (NRS 618.295, 618.880) “Tower crane” means a crane that is regularly assembled and disassembled for use at various sites, and is powered by an electric motor or an internal combustion engine, or any variation thereof which retains the same fundamental characteristics, including cranes on which the operating radius is adjusted by means of a boom luffing mechanism, or by means of a trolley traversing a horizontal boom, or by a combination of the two. The term includes cranes which:
1. Are mounted on a fixed or a rail mounted traveling base; or
2. Use additional means for mounting, such as arrangements that permit the crane to climb in the structure being built, or that permit increasing the tower height as the structure rises and utilizing braces attached to the hose structure as needed.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.3555 “Trainee” defined. (NRS 618.295, 618.880) “Trainee” means a person who holds a provisional certificate to operate a mobile crane or a tower crane issued pursuant to NAC 618.407.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.357 “Warning tape” defined. (NRS 618.295, 618.880) “Warning tape” means a continuous strip of plastic or other similar material that is highly visible which is intended for use as a barrier to prevent access to an area.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.358 Adoption of standards by reference; review of revisions and addenda. (NRS 618.295, 618.880)
1. The Division hereby adopts by reference the standards of the American Society of Mechanical Engineers (ASME) set forth in:
(a) Construction Tower Cranes, B30.3, 2004 edition, published by the American Society of Mechanical Engineers. This publication is available from the American Society of Mechanical Engineers, Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New Jersey 07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org, at a cost of $50.
(b) Portal, Tower, and Pedestal Cranes, B30.4, 2003 edition, published by the American Society of Mechanical Engineers. This publication is available from the American Society of Mechanical Engineers, Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New Jersey 07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org, at a cost of $55.
(c) Mobile and Locomotive Cranes, B30.5, 2004 edition, published by the American Society of Mechanical Engineers. This publication is available from the American Society of Mechanical Engineers, Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New Jersey 07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org, at a cost of $80.
2. If a revision or addendum to any publication adopted by reference pursuant to this section is published, the Division will review the revision or addendum to determine its suitability for this State. If the Division determines that the revision or addendum is not suitable for this State, the Division will hold a public hearing to review the determination and give notice of that hearing within 6 months after the date of the publication of the revision or addendum. If, after the hearing, the Division does not revise its determination, the Division will give notice that the revision or addendum is not suitable for this State within 30 days after the hearing. If the Division does not give such notice, the revision or addendum becomes part of the publication adopted by reference in this section.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)
Certifying Authorities
NAC 618.359 Requirements for approval. (NRS 618.295, 618.880)
1. A person who desires to be approved by the Division as a certifying authority of tower cranes or cranes which are used to erect and dismantle tower cranes must submit to the Division proof that he:
(a) Has completed at least 5 years of employment as an inspector of cranes;
(b) Has completed at least 5 years of employment as a representative of a manufacturer of cranes;
(c) Is approved in another state as a certifying authority of cranes or the equivalent of a certifying authority, if the Division determines that the requirements of the State for approval of a certifying authority are substantially equivalent to the requirements set forth in NAC 618.365 to 618.370, inclusive, and 618.380 to 618.385, inclusive; or
(d) Has devoted at least 1,000 hours to the mechanical and structural maintenance and repair of cranes during the last 5 years of his employment.
2. In addition to the requirements set forth in subsection 1, a person who desires to be approved as a certifying authority of tower cranes or cranes which are used to erect and dismantle tower cranes must pass:
(a) A written or oral examination on the applicable standards adopted by reference pursuant to NAC 618.358; and
(b) A practical examination which demonstrates his ability to:
(1) Examine visually the welds and attachments of the critical members of a crane;
(2) Conduct a rated load test; and
(3) Inspect and test a crane for compliance with the requirements set forth in the standards adopted by reference pursuant to NAC 618.358.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.360 Employment by owner or lessee of crane prohibited; exception. (NRS 618.295, 618.880) A certifying authority who inspects and certifies:
1. A tower crane for compliance with the requirements set forth in NAC 618.366; or
2. A crane which is used to erect or dismantle a tower crane for compliance with the requirements set forth in NAC 618.381,
Ê must not be employed by the person who owns or leases the crane unless the owner or lessor of the crane is the manufacturer of the crane or is a representative of the manufacturer of the crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
Cranes Able to Lift Loads Weighing at Least 3 Tons: Use
NAC 618.364 Highly hazardous lift: Maintenance of clear zone. (NRS 618.295, 618.880)
1. Except in an emergency, when a crane which has the ability to lift a load that weighs at least 3 tons is performing a highly hazardous lift, the prime contractor shall establish and maintain a clear zone within which a person who is not directly involved in the lift is, if practicable, not permitted during the lifting of the load until the load is securely grounded.
2. The clear zone required pursuant to subsection 1 must be an area, the center of which is the crane which is lifting the load, that is 125 percent of the sum of the length of the boom of the crane and one-half of the length of the load which is lifted and which includes all quadrants in which the crane could, because of its configuration, be reasonably expected to tip over, including, but not limited to, any quadrant in which the load is lifted.
3. To establish and maintain the clear zone required pursuant to subsections 1 and 2, the prime contractor shall:
(a) Provide written notification at least 24 hours before the highly hazardous lift occurs to each person who owns or manages property located within the boundaries of the clear zone. The notice must:
(1) Specify the scheduled date, time and location of the highly hazardous lift; and
(2) Inform the owner or manager that the property:
(I) Is located within the boundaries of a clear zone which is required by this section to be established and maintained; and
(II) Must be vacated, if practicable, and the owner or manager must post signs on the property that warn each person entering the property that crane operations are in progress.
(b) Provide written notification at least 24 hours before the highly hazardous lift occurs to each federal, state, county and municipal agency that has jurisdiction over highways, streets, sidewalks, railroads or other public property within the boundaries of the clear zone. The notice must:
(1) Specify the date, time and location of the highly hazardous lift; and
(2) Inform the agency that:
(I) The property within its jurisdiction is located within the boundaries of a clear zone which is required by this section to be established and maintained; and
(II) Any traffic on the property must be restricted, if practicable, and the agency must post signs on the property that warn traffic on the property that crane operations are in progress.
(c) Post warning signs and, where practicable, place warning tape around any property which is within the boundaries of the clear zone and within the control of the prime contractor. The warning signs must:
(1) Be posted, if practicable, every 50 feet and be legible under normal conditions at a distance of 100 feet; and
(2) Advise that crane operations are in progress and the area may not be entered during a highly hazardous lift.
(d) Sound a warning horn just before a highly hazardous lift.
4. The establishment and maintenance of a clear zone does not relieve the prime contractor or the owner or lessee of the crane from liability for failure to operate the crane in a safe and prudent manner. During the highly hazardous lift, the prime contractor and the owner or lessee of the crane shall provide safeguards against man-made and natural conditions, including, but not limited to, unstable ground, inclement weather and winds of high velocity. Except in an emergency, a highly hazardous lift must not be commenced during winds which exceed 35 miles per hour.
5. As used in this section, a “highly hazardous lift” means a lift in which the load to be lifted is, in the existing configuration of the crane, at the maximum capacity of the crane as specified on the load rating chart of the crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
Tower Cranes: Certificates of Operation
NAC 618.365 Circumstances requiring issuance. (NRS 618.295, 618.880) The owner or lessee of a tower crane shall ensure that the tower crane has been issued a valid certificate of operation by a certifying authority:
1. Each time the tower crane is erected;
2. Each year the tower crane remains erected at one location; and
3. Each time a tower crane is repaired or modified in any way which affects the structural integrity of the crane, other than the addition or removal of sections to the mast of the crane or the addition of other components which are a permanent part of the tower crane in its working condition, such as a load block or rigging.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.366 Qualifications. (NRS 618.295, 618.880) To qualify for a certificate of operation, a tower crane must be tested according to and comply with the applicable:
1. Recommendations of the manufacturer;
2. Provisions of the Nevada occupational safety and health standards established pursuant to NRS 618.295; and
3. Standards adopted by reference pursuant to NAC 618.358.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.367 Compliance with requirements. (NRS 618.295, 618.880) A certifying authority shall ensure that a tower crane complies with the requirements set forth in NAC 618.366 before he issues a certificate of operation for that crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.368 Form; signature. (NRS 618.295, 618.880) The certifying authority shall:
1. Issue a certificate of operation for a tower crane upon a form:
(a) Supplied by the manufacturer of the tower crane; or
(b) Approved by the Division; and
2. Sign each certificate of operation for a tower crane that he issues.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.369 Notification of Nevada Occupational Safety and Health Administration upon denial. (NRS 618.295, 618.880) A certifying authority shall notify in writing the Nevada Occupational Safety and Health Administration, 1301 North Green Valley Parkway, Suite 200, Henderson, Nevada 89074, within 5 working days after he denies a certificate of operation for a tower crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.370 Expiration; violation of requirements for qualification. (NRS 618.295, 618.880)
1. Except as otherwise provided in this section, a certificate of operation for a tower crane expires 1 year after the date on which it is issued.
2. Unless the tower crane remains erected at one location for at least 1 year, the certificate of operation for a tower crane expires on the date the tower crane is dismantled.
3. If a tower crane is repaired or modified in any way which affects the structural integrity of the crane, other than the addition or removal of sections to the mast of the crane or the addition of other components which are a permanent part of the tower crane in its working condition, such as a load block or rigging, the certificate of operation for the tower crane expires on the date the tower crane is repaired or modified.
4. If the Enforcement Section determines that any condition of a tower crane violates the requirements set forth in NAC 618.366, the Enforcement Section may require the owner or lessee of the tower crane to correct the violation and obtain a new certificate of operation for the tower crane before the tower crane is operated.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
Cranes Used to Erect or Dismantle Tower Cranes: Certificates of Operation
NAC 618.380 Circumstances requiring issuance. (NRS 618.295, 618.880) The owner or lessee of a crane which is used to erect or dismantle a tower crane shall ensure that such a crane has been issued a valid certificate of operation by a certifying authority:
1. Before the crane is operated; and
2. Each time a crane which is used to erect or dismantle a tower crane is repaired or modified in any way which affects the structural integrity of the crane other than the addition of components which are a permanent part of the tower crane in its working condition, such as the jib, sections of the boom, a load block or rigging.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.381 Qualifications. (NRS 618.295, 618.880) To qualify for a certificate of operation, a crane which is used to erect or dismantle a tower crane must be tested according to and comply with the applicable:
1. Recommendations of the manufacturer;
2. Provisions of the Nevada occupational safety and health standards established pursuant to NRS 618.295; and
3. Standards adopted by reference pursuant to NAC 618.358.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.382 Compliance with requirements. (NRS 618.295, 618.880) A certifying authority shall ensure that a crane which is used to erect or dismantle a tower crane complies with the requirements set forth in NAC 618.381 before he issues a certificate of operation for that crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.383 Form; signature. (NRS 618.295, 618.880) The certifying authority shall:
1. Issue a certificate of operation for a crane which is used to erect or dismantle a tower crane upon a form:
(a) Supplied by the manufacturer of the crane which is used to erect or dismantle a tower crane; or
(b) Approved by the Division; and
2. Sign each certificate of operation for a crane which is used to erect or dismantle a tower crane that he issues.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.384 Notification of Nevada Occupational Safety and Health Administration upon denial. (NRS 618.295, 618.880) A certifying authority shall notify in writing the Nevada Occupational Safety and Health Administration, 1301 North Green Valley Parkway, Suite 200, Henderson, Nevada 89074, within 5 working days after he denies a certificate of operation for a crane which is used to erect or dismantle a tower crane.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.385 Expiration; violation of requirements for qualification. (NRS 618.295, 618.880)
1. Except as otherwise provided in this section, a certificate of operation for a crane which is used to erect or dismantle a tower crane expires 1 year after the date on which it is issued.
2. If a crane which is used to erect or dismantle a tower crane is repaired or modified in any way which affects the structural integrity of the crane, other than the addition of components which are a permanent part of the tower crane in its working condition, such as the jib, sections of the boom, a load block or rigging, the certificate of operation for the crane expires on the date the crane is repaired or modified.
3. If the Enforcement Section determines that any condition of a crane which is used to erect or dismantle a tower crane violates the requirements set forth in NAC 618.381, the Enforcement Section may require the owner or lessee of the crane to correct the violation and obtain a new certificate of operation for the crane before the crane is operated.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
Tower Cranes: Use
NAC 618.394 Plan for erection or dismantling of tower crane: Submission; contents; maintenance on location; meeting for review. (NRS 618.295, 618.880)
1. Except in an emergency, at least 15 working days before a tower crane is erected or dismantled, the prime contractor for the project which requires the use of a crane to erect or dismantle a tower crane shall submit to the Enforcement Section for its review a plan for the erection or dismantling of the tower crane.
2. The plan required pursuant to subsection 1 must set forth:
(a) The recommendations of the manufacturer of the tower crane for the erection or dismantling of the crane;
(b) The weight of each component of the tower crane which must be lifted during the erection or dismantling of the crane;
(c) A diagram of the riggings which shows the points of attachment of the riggings to the crane and the size and capacity of the hardware used to attach the riggings to the crane;
(d) Any point of potential interference between the crane, the load and existing structures;
(e) Any special requirement for supporting the outriggers and tracks of the crane, including a statement addressing any conditions of the ground;
(f) A study which shows:
(1) The location of the crane which will be used to erect or dismantle the tower crane in plan and profile view that specifically notes the locations of the initial lift and final placement of the components of the tower crane;
(2) The configuration of the boom, counterweights and attachments for the lift of each component; and
(3) The maximum lifting capacity of the crane as specified on the load rating chart of the crane and the actual weight of the anticipated loads;
(g) A description of the sequence of steps to be followed to erect or dismantle the tower crane and any special requirements for the safe execution of each step;
(h) The procedure for communication and assignment of responsibility among:
(1) The members of the crew which erects or dismantles the tower crane;
(2) The person who supervises the erection or dismantling of the tower crane; and
(3) The operator of the tower crane and the operators of any machinery which is required to erect or dismantle the tower crane;
(i) A description of the manner in which the clear zone required pursuant to NAC 618.397 will be maintained;
(j) The name of any person who will operate the tower crane or any other crane used to erect or dismantle the tower crane; and
(k) A copy of the certificate of operation of each crane used to erect or dismantle the tower crane.
3. A copy of the plan required pursuant to subsection 2 must be maintained at the location where the tower crane is erected or dismantled.
4. The prime contractor shall ensure that a meeting is conducted at the location where the tower crane will be erected or dismantled immediately before the tower crane is erected or dismantled to review the plan and the manner in which a clear zone will be established. The following persons shall attend the meeting:
(a) The members of the crew which erects or dismantles the tower crane;
(b) The person who supervises the erection or dismantling of the tower crane;
(c) The operator of the tower crane and the operators of any machinery which is required to erect or dismantle the tower crane;
(d) A representative of the prime contractor;
(e) A representative of the owner of the tower crane, if the owner of the tower crane is not already represented at the meeting; and
(f) A representative of the owner or lessee of the property upon which the tower crane will be erected or dismantled.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.395 Termination of process to erect or dismantle tower crane. (NRS 618.295, 618.880) During the erection or dismantling of a tower crane:
1. The prime contractor for the project which requires the use of the tower crane;
2. The owner or lessee of the property on which the tower crane is located; or
3. Any other employer of any person who will be involved in the erection or dismantling of the tower crane,
Ê must terminate the erection or the dismantling of the tower crane if he knows or receives reliable information that a condition exists which threatens the safety of his employees or the general public until that condition is corrected or until the prime contractor determines that the condition is not a threat or that the threat no longer exists.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.396 Condition of devices installed on crane to determine ability of crane to bear load. (NRS 618.295, 618.880) The person who supervises the erection or dismantling of a tower crane shall ensure that any device which is installed on a crane or other machine used to erect or dismantle the tower crane and upon which the operator relies in determining the ability of the crane or other machine to bear a load, including instruments known as:
1. “Load cells”;
2. “Boom angle indictors”;
3. “Load moment indicators” or “LMIs”; or
4. “Wind velocity indicators,”
Ê are in good working order.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
NAC 618.397 Erection or dismantling of tower crane: Maintenance of clear zone. (NRS 618.295, 618.880)
1. Except in an emergency, when a tower crane is erected or dismantled, the prime contractor shall establish and maintain a clear zone within which a person who is not directly involved in the erection or dismantling is, if practicable, not permitted during the lifting of a load until the load is securely grounded.
2. The clear zone required pursuant to subsection 1 must be an area, the center of which is the crane which is lifting the load, that is 125 percent of the sum of the length of the boom of the crane and one-half of the length of the load which is lifted and which includes all quadrants in which the crane could, because of its configuration, be reasonably expected to tip over, including, but not limited to, any quadrant in which the load is lifted.
3. To establish and maintain the clear zone required pursuant to subsections 1 and 2, the prime contractor shall:
(a) Provide written notification at least 24 hours before the scheduled erection or dismantling of the tower crane to each person who owns or manages property located within the boundaries of the clear zone. The notice must:
(1) Specify the scheduled date, time and location of the erection or dismantling of the tower crane; and
(2) Inform the owner or manager that the property:
(I) Is located within the boundaries of a clear zone which is required by this section to be established and maintained; and
(II) Must be vacated, if practicable, and the owner or manager must post signs on the property that warn each person entering the property that crane operations are in progress.
(b) Provide written notification at least 24 hours before the scheduled erection or dismantling of the tower crane to each federal, state, county and municipal agency that has jurisdiction over highways, streets, sidewalks, railroads or other public property within the boundaries of the clear zone. The notice must:
(1) Specify the date, time and location of the erection or dismantling of the tower crane; and
(2) Inform the agency that:
(I) The property within its jurisdiction is located within the boundaries of a clear zone which is required by this section to be established and maintained; and
(II) Any traffic on the property must be restricted, if practicable, and the agency must post signs on the property that warn traffic on the property that crane operations are in progress.
(c) Post warning signs and, where practicable, place warning tape around any property which is within the boundaries of the clear zone and within the control of the prime contractor. The warning signs must:
(1) Be posted, if practicable, every 50 feet and be legible under normal conditions at a distance of 100 feet; and
(2) Advise that crane operations are in progress and the area may not be entered during a lift.
(d) Sound a warning horn just before a lift.
4. If a prime contractor who is required to establish and maintain a clear zone pursuant to subsections 1 and 2 believes that the establishment and maintenance of the clear zone is impracticable, the prime contractor must ensure that the crane used in the erection or dismantling of a tower crane is limited to loads of no more than 90 percent of the maximum lifting capacity of the crane as specified on the load rating chart of the crane and the prime contractor must comply with paragraphs (c) and (d) of subsection 3 for any quadrant in which the load is lifted.
5. The establishment and maintenance of a clear zone does not relieve the prime contractor or the owner or lessee of the crane from liability for failure to operate the crane in a safe and prudent manner. During the erection and dismantling of a tower crane, the prime contractor and the owner or lessee of the crane shall provide safeguards against man-made and natural conditions, including, but not limited to, unstable ground, inclement weather and winds of high velocity. Except in an emergency, a load must not be lifted during the erection or dismantling of a tower crane during winds which exceed 35 miles per hour.
(Added to NAC by Div. of Industrial Relations, eff. 2-25-97)
Mobile Cranes and Tower Cranes: Certification of Operators
NAC 618.402 Certification required; responsibilities of employer of crane operator. (NRS 618.295, 618.880)
1. Except as otherwise provided in NAC 618.410, a person shall obtain certification to operate a mobile crane or a tower crane, as applicable, before he operates a mobile crane or a tower crane.
2. An employer of an operator of a mobile crane or a tower crane shall ensure that the crane operator holds a certificate to operate a mobile crane or a tower crane issued by a certification program.
3. An employer of a crane operator shall maintain copies of all certificates held by the crane operator at the main office of the employer or at the workplace of the crane operator.
4. The copies of certificates required by subsection 3 must be maintained during the period of employment of the crane operator and for at least 3 years after the end of employment.
5. An employer of a crane operator shall provide copies of the certificates described in subsection 3 that pertain to the crane operator to the Division upon request if the certificates are requested not more than 3 years after the end of employment of the crane operator.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.404 Certification program: Provision of blank copy of certification form to Division; contents of form. (NRS 618.295, 618.880)
1. A certification program must provide to the Division a blank copy of the certification form to operate a mobile crane or a tower crane issued to crane operators who successfully complete the program. Each certification form must include:
(a) The signature of an authorized representative;
(b) The date of expiration;
(c) The type of mobile crane or tower crane the holder is certified to operate; and
(d) The name of the certification program.
2. As used in this section, “authorized representative” means a person who is employed or retained by a certification program to provide an assessment to a person who desires to become a crane operator.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.405 Certification program: Withdrawal of approval; limitation on types of cranes for which program is approved. (NRS 618.295, 618.880)
1. The Division will withdraw its approval of a certification program if the program fails to:
(a) Maintain accreditation as required by the Division;
(b) Submit proof of continuing accreditation as requested by the Division; or
(c) Submit other information requested by the Division.
Ê The Division will give 15 working days’ notice to the certification program before the withdrawal of approval.
2. The Division may limit the types of mobile cranes or tower cranes for which a certification program is approved as it deems necessary in the interest of public safety.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.407 Provisional certificate: Issuance; requirements; expiration; renewal; maintenance. (NRS 618.295, 618.880)
1. An employer may issue a provisional certificate to operate a mobile crane or a tower crane to a person who is not certified as a crane operator if the employer verifies that the person meets the physical requirements of trainees established by the applicable standards adopted by reference pursuant to NAC 618.358.
2. A provisional certificate must:
(a) Be issued on a form approved by the Division; and
(b) Include the type of mobile crane or tower crane the trainee is provisionally certified to operate.
3. A provisional certificate expires:
(a) When the trainee obtains certification as a crane operator pursuant to this chapter and chapter 618 of NRS; or
(b) Five years after the date of issuance,
Ê whichever occurs first.
4. A provisional certificate may be renewed as many times as necessary if the trainee continues to meet the physical requirements of trainees established by the applicable standards adopted by reference pursuant to NAC 618.358.
5. A trainee shall maintain his provisional certificate and provide a copy to the Division upon request.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.408 Provisional certificate: Responsibilities of employer of trainee. (NRS 618.295, 618.880)
1. An employer of a trainee shall maintain copies of all provisional certificates held by the trainee at the main office of the employer or at the workplace of the trainee.
2. The copies of provisional certificates required by subsection 1 must be maintained during the period of employment of the trainee and for at least 3 years after the end of employment.
3. An employer of a trainee shall provide copies of the provisional certificates described in subsection 1 that pertain to the trainee to the Division upon request if the provisional certificates are requested not more than 3 years after the end of employment of the trainee.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
NAC 618.410 Provisional certificate: Restrictions on operation of crane by trainee. (NRS 618.295, 618.880)
1. Except as otherwise provided in subsection 2, a trainee may operate a mobile crane or a tower crane if the trainee:
(a) Holds a provisional certificate issued pursuant to NAC 618.407; and
(b) Is under the direct supervision of a crane operator:
(1) Whose sole responsibility during the period of the supervision is to observe the operation of the crane by the trainee; and
(2) Who holds a certificate to operate the type of crane being operated by the trainee during the period of direct supervision.
2. A trainee shall not operate a mobile crane or a tower crane that is used to erect or dismantle a tower crane.
3. As used in this section, “direct supervision” means the supervision of a trainee by a crane operator who is in the immediate area of the trainee, within visual sighting distance of the trainee and able to communicate effectively with the trainee.
(Added to NAC by Div. of Industrial Relations by R117-06, 11-13-2006, eff. 1-1-2007)
PHOTOVOLTAIC SYSTEM PROJECTS
General Provisions
NAC 618.450 Definitions. (NRS 618.295, 618.918) As used in NAC 618.450 to 618.477, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.453 and 618.456 have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.453 “Licensee” defined. (NRS 618.295, 618.918) “Licensee” means any person who is licensed by the Division pursuant to NAC 618.450 to 618.477, inclusive.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.456 “Photovoltaic installer” defined. (NRS 618.295, 618.918) “Photovoltaic installer” has the meaning ascribed to it in NRS 618.912.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
Licensing of Photovoltaic Installers
NAC 618.459 Requirements for examination for licensure. (NRS 618.295, 618.918) For the purposes of NRS 618.922, an examination which is approved by the Enforcement Section must test a person’s knowledge on subjects which are consistent with the guidelines, standards and training suggested by the Interstate Renewable Energy Council, the North American Board of Certified Energy Practitioners or any other nationally recognized organization involved in developing guidelines, standards and training to improve the quality of services provided by photovoltaic installers.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.462 Application for license; notification of change in mailing address. (NRS 618.295, 618.918)
1. A person applying for a license as a photovoltaic installer must:
(a) Comply with the requirements set forth in NRS 618.922 and 618.924; and
(b) Pay an application fee of $25.
2. An applicant must notify the Enforcement Section of a change in his mailing address within 15 working days after the change occurs.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.465 Grounds for denial of application for license. (NRS 618.295, 618.918) The Enforcement Section may deny an application for a license on the following grounds:
1. Failure to comply with any of the requirements, procedures or standards provided in this chapter or chapter 618 of NRS; or
2. Use of fraudulent or deceptive means in procuring a license as a photovoltaic installer.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.468 Renewal of license. (NRS 618.295, 618.918) To renew his license as a photovoltaic installer, a licensee must, on or before the date on which his license expires:
1. Comply with the requirements set forth in NRS 618.926; and
2. Pay a renewal fee of $25.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
Disciplinary Action
NAC 618.471 Imposition of administrative fine: Notice. (NRS 618.295, 618.918) If the Enforcement Section intends to impose an administrative fine pursuant to NRS 618.930, it will notify the person of its intention by:
1. Delivering a notice of violation to the person by certified mail;
2. Enclosing with the notice of violation:
(a) A statement indicating the Enforcement Section’s legal authority and jurisdiction to impose an administrative fine;
(b) A statement of the reasons for the imposition of the administrative fine, including a citation of the applicable regulations supporting the imposition of the fine; and
(c) A statement of the amount of the administrative fine; and
3. Stating the effective date of the imposition of the proposed administrative fine upon failure to appeal and the procedures for bringing an appeal.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.474 Imposition of administrative fine: Appeal; hearing; decision. (NRS 618.295, 618.918)
1. A person may appeal the imposition of an administrative fine by filing an appeal with the Chief within 30 days after the receipt of the notice of violation.
2. An appeal filed pursuant to this section stays the imposition of the administrative fine.
3. An appeal filed pursuant to this section:
(a) Must be in writing and describe in particular the matters to be appealed. If it is alleged that the Enforcement Section does not have the jurisdiction or legal authority to act with regard to the imposition of an administrative fine, it must be indicated in the appeal documents.
(b) Must be accompanied by:
(1) Any documents applicable to the appeal;
(2) The names of any witnesses who may be called at the hearing on the appeal; and
(3) The expected time needed to present the appeal.
4. The Chief or his designee shall set a date for hearing an appeal within 10 days after the receipt of a written appeal.
5. The Chief or his designee shall hear all appeals made pursuant to this section and give all parties thereto notice of the hearing and a fair opportunity to participate at the hearing. The Chief or his designee shall issue a written decision within a reasonable time after the conclusion of the hearing.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
NAC 618.477 Suspension or revocation of license: Request for hearing; hearing; decision. (NRS 618.295, 618.918)
1. If the Enforcement Section notifies a licensee that it intends to suspend or revoke his license pursuant to NRS 618.932, the licensee may file a request for a hearing within 30 days after the receipt of the notice of intention to suspend or revoke.
2. A request filed pursuant to this section:
(a) Must be in writing and describe in particular the matters to be heard. If it is alleged that the Enforcement Section does not have the jurisdiction or legal authority to act with regard to the suspension or revocation, it must be indicated in the filed documents.
(b) Must be accompanied by:
(1) Any documents applicable to the suspension or revocation;
(2) The names of any witnesses who may be called at the hearing; and
(3) The expected time needed for the hearing.
3. The Chief or his designee shall hold a hearing within 10 days after the receipt of a written request for a hearing.
4. The Chief or his designee shall hear all requests filed pursuant to this section and give all parties thereto notice of the hearing and a fair opportunity to participate at the hearing. The Chief or his designee shall issue a written decision within a reasonable time after the conclusion of the hearing.
(Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)
CONSTRUCTION PROJECTS
NAC 618.490 Definitions. (NRS 618.295) As used in NAC 618.490 to 618.507, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.494, 618.496 and 618.501 have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94; A by R142-98, 2-28-2000)
NAC 618.494 “Construction project” defined. (NRS 618.295)
1. “Construction project” means a project which involves:
(a) A total construction cost of $10,000,000 or more, not including costs for any related highway construction project;
(b) A new building or structure which, when completed, will be 50,000 square feet or more; or
(c) A new building or structure which, when completed, will be more than 60 feet above the ground or more than 48 feet below ground level.
2. For the purposes of this section:
(a) The height of a building or structure must be determined by measuring from the ground level to the highest structural level of the building or structure, including any parapet wall, mechanical room, stair tower or elevator penthouse structure, but not including any antenna, smokestack, flagpole or similar attachment.
(b) The depth of a building or structure must be determined by measuring from the ground level to the lowest floor level of the building or structure. The lowest level of a building or structure does not include any local depression such as a sump or an elevator pit.
(c) In computing the height of a building or structure, the depth of the building or structure must not be considered, and in computing the depth of a building or structure, the height of the building must not be considered.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94; A by R109-00, 9-6-2001)
NAC 618.496 “Designated safety officer” defined. (NRS 618.295) “Designated safety officer” means any person who:
1. Is capable of identifying:
(a) The existing and predictable hazards in the areas surrounding a construction project; or
(b) Those working conditions at a construction project that are unsanitary, hazardous or dangerous to employees; and
2. Has the authority to take prompt corrective measures to eliminate those hazards.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94)
NAC 618.501 “Project manager or construction superintendent” defined. (NRS 618.295) “Project manager or construction superintendent” means any person who has the authority and ability to remedy any problems related to the safety of persons working on a construction project under review.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94)
NAC 618.503 Adoption of standards by reference. (NRS 618.295)
1. The Division hereby adopts by reference the Safety Requirements for Steel Erection, ANSI A10.13, 1989 edition, published by the American National Standards Institute, 11 West 42nd Street, New York, New York 10036. The standards may be purchased for the price of $32.
2. Each contractor on a construction project shall comply with the standards adopted pursuant to subsection 1.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94; A by R142-98, 2-28-2000)
NAC 618.505 Notice of construction project; meetings between Chief of Enforcement Section and general contractor or owner of construction project. (NRS 618.295)
1. The general contractor or owner, if there is no general contractor, of a construction project shall, before commencing construction on the project, give written notice to the Chief which sets forth the height, square footage, type of construction, total cost of construction and location of the project.
2. After receiving notice pursuant to subsection 1, the Chief or a person designated by the Chief may require one or more meetings with the general contractor or owner. The Chief or the person so designated may require the general contractor or owner to provide at any such meeting:
(a) A copy of:
(1) The written safety program for each contractor on the construction project; and
(2) The general plans related to the project that are prepared by an engineer or architect and are available at the time of the meeting. The general plans may be requested only to evaluate and comment on the safety of the workplace at the construction project.
(b) The names of the following persons working on the construction project:
(1) The project manager or construction superintendent; and
(2) The designated safety officer.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94)
NAC 618.507 Elevator or personnel hoist required for construction of certain structures; approval of alternative means of access. (NRS 618.295)
1. Except as otherwise provided in subsection 4, the general contractor of a construction project or, if there is no general contractor, the owner, shall install an elevator or personnel hoist for transporting workers for each building or structure of the construction project which is more than 60 feet above ground level or more than 48 feet below ground level.
2. For the purposes of this section:
(a) The height of the building or structure must be determined by measuring from the ground level to the highest structural level, including any parapet wall, mechanical room, stair tower or elevator penthouse structure, but not including any antenna, smokestack, flagpole or other similar attachment.
(b) The depth of the building or structure must be determined by measuring from the ground level to the lowest floor level. The lowest level of a building or structure does not include any local depression such as a sump or an elevator pit.
(c) In computing the height of a building or structure, the depth must not be considered, and in computing the depth of a building or structure, the height must not be considered.
3. An elevator or hoist required by this section must:
(a) Be installed within 10 working days after the date on which:
(1) The building or structure measures 60 feet above ground level or 48 feet below ground level; and
(2) The installation of the flooring or decking for a floor or roof begins.
(b) Operate to a level not less than three floors below the highest floor erected, or if the building or structure extends more than 48 feet below ground level, to the lowest level of the building or structure.
(c) Be equipped with suitable voice communication equipment which will allow for communication between the elevator or hoist and each floor in an emergency.
4. Upon the written request of the owner or contractor of a building or structure under construction, the Enforcement Section may approve alternate means of access at locations where the installation or construction of an elevator for transporting employees is not feasible, if the Enforcement Section provides written notice to and consults with all affected parties, as determined by the Enforcement Section.
5. As used in this section:
(a) “Alternate means of access” means:
(1) A crane with a personnel basket, which is available and accessible in the immediate work area, that is under positive power up and down if:
(I) Employees in the basket are protected by safety belts; and
(II) Lanyards are attached from the safety belts to a hook on the cable for the crane.
(2) Suspended scaffolds that are driven by power if employees are protected by safety belts that are secured to independent safety lines and there is a device approved by the Enforcement Section that controls the descent of the scaffolds.
(3) Appropriate elevating and rotating platforms that are vehicle mounted.
(4) Any other means approved by the Enforcement Section.
(b) “Ground level” means the level of the primary construction entrance to the building or structure.
(Added to NAC by Div. of Occupational Safety & Health, eff. 6-6-90; A by Div. of Enforcement for Industrial Safety & Health, 12-11-92; A by Div. of Industrial Relations by R142-98, 2-28-2000)
MANUFACTURE OF EXPLOSIVES
General Provisions
NAC 618.509 Definitions. (NRS 618.295, 618.890) As used in NAC 618.509 to 618.5120, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.5092 to 618.5102, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5092 “Barricade” defined. (NRS 618.295, 618.890) “Barricade” means a barrier that effectively screens a building containing explosives from other buildings, public ways or magazines from the force of an explosion.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5093 “Binary explosive” defined. (NRS 618.295, 618.890) “Binary explosive” means an explosive material that is made by combining two nonexplosive materials.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5094 “Division 1.1 explosives” defined. (NRS 618.295, 618.890) “Division 1.1 explosives” means explosives that have a mass explosion hazard.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5095 “Division 1.2 explosives” defined. (NRS 618.295, 618.890) “Division 1.2 explosives” means explosives that have a projection hazard, but not a mass explosion hazard.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5096 “Division 1.3 explosives” defined. (NRS 618.295, 618.890) “Division 1.3 explosives” means explosives that have a fire hazard and a minor blast hazard or a minor projection hazard, but not a mass explosion hazard.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5097 “Explosives manufacturing building” defined. (NRS 618.295, 618.890) “Explosives manufacturing building” means a building in which explosives are manufactured.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5098 “Explosives manufacturing plant” defined. (NRS 618.295, 618.890) “Explosives manufacturing plant” means a place of employment where explosives are manufactured or where explosives are used, processed, handled, moved on-site or stored in relation to their manufacture. The term does not include a place of employment where there is on-site mixing of a binary explosive if that explosive is used on the same day at the same site.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5099 “Ground level” defined. (NRS 618.295, 618.890) “Ground level” means the level of the primary construction entrance to a building or structure.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.510 “Magazine” defined. (NRS 618.295, 618.890) “Magazine” means a building or structure, other than an explosives manufacturing building, used for the storage of explosives materials.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5101 “Mass explosion” defined. (NRS 618.295, 618.890) “Mass explosion” means an explosion that affects almost the entire load of explosives instantaneously.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5102 “Provider of training related to explosives” defined. (NRS 618.295, 618.890) “Provider of training related to explosives” means a person who holds a certificate of competency issued by the Enforcement Section to provide annual explosives training and testing to employees who work at an explosives manufacturing plant.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
Permit for Construction or Alteration of Explosives Manufacturing Plant
NAC 618.5105 Application for permit: Content; incomplete or inaccurate documentation. (NRS 618.295, 618.898)
1. To obtain a permit for the construction or alteration of an explosives manufacturing plant, a person must submit an application form to the Enforcement Section and make the following information available for review by the Administrator or his representative:
(a) A copy of the safety plan and procedures for the explosives manufacturing plant;
(b) A copy of the written safety program for the explosives manufacturing plant;
(c) A copy of the program for process safety management of highly hazardous chemicals;
(d) A map of a 1-mile radius surrounding the area of the explosives manufacturing plant, which identifies all:
(1) Inhabited buildings;
(2) Roadways;
(3) Railways; and
(4) Other buildings and areas where there may be people, including, without limitation, ranching operations;
(e) A plot plan of the explosives manufacturing plant that includes:
(1) A general layout of the explosives manufacturing plant;
(2) The location of each explosives manufacturing building within the explosives manufacturing plant with a description of:
(I) The types of explosives present in the building;
(II) The maximum quantity of each identified type of explosive; and
(III) The maximum number of employees who are present during the manufacturing operations;
(3) The location of each magazine in the explosives manufacturing plant;
(4) The location of all buildings, other than explosives manufacturing buildings, within the explosives manufacturing plant and a description of the uses of each such building; and
(5) The location and dimensions of all barricades within the explosives manufacturing plant;
(f) A copy of the building plans for each explosives manufacturing building within the explosives manufacturing plant, which include:
(1) Details and diagrams describing the materials used to construct the floors, walls, ceilings and roofs of each building, including the location and setup of revetment and blast walls;
(2) Electrical installations and fixtures, and diagrams describing locations, type and code designations of those installations and fixtures;
(3) Diagrams of the plumbing, including water supply, drains and grey water;
(4) Plans and diagrams of the ventilation of each building, including heating, ventilation and air-conditioning systems and local exhaust systems;
(5) Fire suppression systems, if installed;
(6) Lightning protection systems, if installed;
(7) Steam plant and steam distribution systems, if installed; and
(8) Detailed diagrams of the electrostatic discharge system, if installed; and
(g) A copy of the building plans for all buildings, other than explosives manufacturing buildings.
2. If the Enforcement Section receives incomplete or inaccurate documentation in an application package for a construction permit, the Enforcement Section shall notify the applicant for the permit in writing and inform him of the deficiencies. An applicant must correct the deficiencies within 30 days after being notified of the deficiencies.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5106 Suspension or revocation of permit for violations. (NRS 618.295, 618.898) The Enforcement Section may suspend or revoke a permit issued pursuant to NRS 618.898 if the Enforcement Section finds that:
1. The holder of the permit is in violation of any federal or state statute or regulation that governs activities for the safe manufacture of explosives; and
2. The violation constitutes an imminent danger.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5107 Notice of suspension or revocation of permit. (NRS 618.295, 618.898)
1. Before the Enforcement Section may suspend or revoke a permit pursuant to NAC 618.5106, the Enforcement Section shall notify the holder of the permit of the suspension or revocation by delivering, by certified mail, a notice of suspension or revocation to the holder at the address indicated on the application for the permit.
2. A notice of suspension or revocation issued pursuant to this section must include:
(a) A statement indicating the legal authority and jurisdiction of the Division to suspend or revoke the permit; and
(b) A statement of the reasons for the suspension or revocation, including a citation of the federal or state statutes or regulations that support the suspension or revocation.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5108 Appeal of suspension or revocation of permit. (NRS 618.295, 618.898)
1. A holder of a permit issued pursuant to NRS 618.898 may appeal the suspension or revocation of the permit by filing an appeal with the Administrator within 15 days after the date on which the permit is suspended or revoked.
2. An appeal filed pursuant to this section must be made in writing and describe in particular the matters to be appealed. An appeal must be accompanied by:
(a) All documents that are applicable to the appeal;
(b) The names of any witnesses who may be called at the hearing on the appeal; and
(c) The expected time needed to present the appeal.
3. If a holder of a permit who is appealing the suspension or revocation of the permit alleges that the Division does not have legal authority or jurisdiction to act with regard to the suspension or revocation of the permit, the holder of the permit must so indicate on his appeal.
4. The Administrator or his designee shall set a date for hearing an appeal filed pursuant to this section within 30 days after the date on which the appeal is received by the Division. A holder of a permit may request that the hearing be held on an earlier date by submitting a written request to the Administrator. A request for an earlier date must demonstrate that the holder of the permit will suffer a substantial hardship if the date of the hearing for his appeal is not changed and must include a proposed date for the hearing. The holder of the permit has the burden of establishing the existence of a substantial hardship.
5. The Administrator or his designee shall hear all appeals filed pursuant to this section and give each party to such an appeal notice of the hearing on the appeal and an opportunity to participate in the hearing. The Administrator or his designee shall issue his decision on the appeal within a reasonable time after the conclusion of the hearing. The decision of the Administrator or his designee issued pursuant to this section is a final decision for the purposes of judicial review.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
Certificates of Competency
NAC 618.5110 Services for which certificate required. (NRS 618.295, 618.890) A person shall not provide annual explosives training or testing of employees who manufacture explosives unless he has first obtained a certificate of competency from the Enforcement Section.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5111 Requirements for certificate. (NRS 618.295, 618.890) To receive a certificate of competency, a person must provide to the Enforcement Section:
1. A completed application on a form provided by the Enforcement Section;
2. A description of his qualifications;
3. A copy of the lesson plans and course materials that the applicant will be using to instruct the explosives training course; and
4. A copy of the examinations, including answers, that the applicant will be using to instruct the explosives training course.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5112 Renewal of certificate. (NRS 618.295, 618.890) A certificate of competency must be renewed by the holder of the certificate annually, and at any other time that the explosives training which the holder is instructing is updated. To renew his certificate of competency, the holder of the certificate must submit an application for renewal to the Enforcement Section. Such an application must include a copy of all new and updated materials to be used in the explosives training.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5113 Suspension or revocation of certificate. (NRS 618.295, 618.890)
1. The Enforcement Section may, at any time, upon a showing of good cause and after notice and an opportunity to be heard, suspend or revoke a certificate of competency.
2. The Enforcement Section shall provide notice of the suspension or revocation of a certificate of competency to the holder of the certificate at least 48 hours before the time set by the Enforcement Section for a hearing on the matter.
3. Service of a notice of suspension or revocation of a certificate of competency must be made by personal service or by certified mail to the holder of the certificate. Such a notice must specify the reason for the suspension or revocation of the certificate to allow the holder of the certificate to prepare for the hearing on the matter.
4. A hearing on the suspension or revocation of a certificate of competency must be held at the office of the Enforcement Section as soon as possible after the Enforcement Section determines that the certificate should be suspended or revoked. The Chief or his designee shall preside over such a hearing.
5. At a hearing held pursuant to this section, the Enforcement Section has the burden of establishing the existence of good cause for the suspension or revocation of the certificate of competency. Good cause shall be deemed to exist if the Enforcement Section establishes that the holder of the certificate did not provide the required explosives training or examination.
6. The Chief or his designee, as appropriate, shall issue his decision on the matter within a reasonable time after the conclusion of the hearing. A decision by the Chief or his designee is a final decision for the purposes of judicial review.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5114 Notification of Enforcement Section of pending explosives training course. (NRS 618.295, 618.890) A holder of a certificate of competency must, at least 10 days before he conducts an explosives training course, notify the Enforcement Section so that the Enforcement Section may audit the course if it so chooses.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
Safety Programs and Procedures
NAC 618.5115 Adoption by reference of standards relating to process safety management of highly hazardous chemicals. (NRS 618.295, 618.890) An employer that manufactures explosives must comply with the requirements set forth in 29 C.F.R. § 1910.119, relating to process safety management of highly hazardous chemicals, which is hereby adopted by reference. A copy of 29 C.F.R. Parts 1900-1910 may be obtained for $42 from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or by phone at (202) 512-1800.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5116 Adoption by reference of standards relating to the storage of explosives. (NRS 618.295, 618.890) An employer that manufactures explosives must comply with the requirements relating to the storage of explosives that are set forth in 27 C.F.R. §§ 55.201 et seq., which is hereby adopted by reference. A copy of 27 C.F.R. Parts 1-199 may be obtained for $57 from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or by phone at (202) 512-1800.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5117 Establishment of safety procedures and written safety program; availability of training materials to employees. (NRS 618.295, 618.383, 618.890)
1. In addition to any other requirement set forth in subsection 2 of NRS 618.383 or in NAC 618.540, an employer that manufactures explosives shall establish and carry out safety procedures and a written safety program. The safety procedures and program must include:
(a) Work rules to prevent the exposure of employees to hazards and accidental explosions in the workplace.
(b) A program concerning personal protective equipment that is in compliance with 29 C.F.R. § 1910.132.
(c) If the employer manufactures any explosive containing trinitrotoluene, a program for medical surveillance of the employees who manufacture the explosives that is under the direction of a licensed physician.
(d) If the employer manufactures division 1.1, 1.2 or 1.3 explosives, or any combination thereof, the provision of a change room and shower facility that conforms with 29 C.F.R. § 1910.141.
(e) Provisions for the security of the site to ensure that only designated persons enter the explosives manufacturing plant.
(f) Procedures that are to occur during the approach and duration of an electrical storm that suspend manufacturing operations and allow for the safe withdrawal of the employees working in the explosives manufacturing plant.
(g) An emergency evacuation plan, which must be tested at least once each year.
(h) Procedures for the safe movement of explosives materials within the explosives manufacturing plant.
(i) Procedures for testing explosives and for quality control operations.
(j) The limits for the number of personnel and amount of explosives for each explosives manufacturing building, which must be posted on each such building.
(k) The limit of the amount of explosives materials for each magazine, which must be posted on the magazine.
(l) Procedures to ensure that foreign matter that could cause an accidental explosion does not enter the process of manufacturing the explosives.
(m) Operating rules and standard operating procedures, which must be posted for each operation involving explosives materials.
(n) Procedures to ensure that personnel do not enter, remain in or go near explosives manufacturing buildings unless it is necessary for the personnel to enter, remain in or go near such a building in the performance of their duties.
(o) Procedures to ensure that only approved tools are used for construction, maintenance and repairs in explosives material operations.
2. An employer that manufactures explosives shall make available to its employees copies of the initial explosives training program and annual training programs which those employees are required to take.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5118 Training of employees for duties relating to manufacture of explosives. (NRS 618.295, 618.890) An employee must participate in an explosives training course and pass an examination from that course before an employer may assign the employee to any duties relating to the manufacturing of explosives. An employee who is assigned to any duties relating to the manufacturing of explosives shall annually participate in a refresher explosives training course.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5119 Separation of buildings within confines of explosives manufacturing plant. (NRS 618.295, 618.890)
1. Except as otherwise provided in this section, a building that contains division 1.1, 1.2 or 1.3 explosives, or any combination thereof, must be separated from all other buildings, including magazines, that are within the confines of the explosives manufacturing plant by a distance as follows:
|
|
|
Distance in |
|
|
Distance in |
|
Pounds of |
Pounds of |
feet when |
Pounds of |
Pounds of |
feet when |
|
explosives |
explosives |
building is |
explosives |
explosives |
building is |
|
over |
not over |
barricaded |
over |
not over |
barricaded |
|
|
|
|
|
|
|
|
2 |
5 |
16 |
12,000 |
14,000 |
220 |
|
5 |
10 |
20 |
14,000 |
16,000 |
230 |
|
10 |
20 |
25 |
16,000 |
18,000 |
238 |
|
20 |
30 |
28 |
18,000 |
20,000 |
245 |
|
30 |
40 |
31 |
20,000 |
25,000 |
265 |
|
40 |
50 |
34 |
25,000 |
30,000 |
280 |
|
50 |
75 |
38 |
30,000 |
35,000 |
295 |
|
75 |
100 |
42 |
35,000 |
40,000 |
310 |
|
100 |
125 |
45 |
40,000 |
45,000 |
320 |
|
125 |
150 |
48 |
45,000 |
50,000 |
330 |
|
150 |
200 |
53 |
50,000 |
55,000 |
340 |
|
200 |
250 |
57 |
55,000 |
60,000 |
350 |
|
250 |
300 |
60 |
60,000 |
65,000 |
360 |
|
300 |
400 |
66 |
65,000 |
70,000 |
370 |
|
400 |
500 |
71 |
70,000 |
75,000 |
380 |
|
500 |
600 |
76 |
75,000 |
80,000 |
390 |
|
600 |
700 |
80 |
80,000 |
85,000 |
395 |
|
700 |
800 |
84 |
85,000 |
90,000 |
400 |
|
800 |
900 |
87 |
90,000 |
95,000 |
410 |
|
900 |
1,000 |
90 |
95,000 |
100,000 |
420 |
|
1,000 |
1,200 |
96 |
100,000 |
110,000 |
430 |
|
1,200 |
1,400 |
101 |
110,000 |
120,000 |
445 |
|
1,400 |
1,600 |
106 |
120,000 |
130,000 |
455 |
|
1,600 |
1,800 |
110 |
130,000 |
140,000 |
465 |
|
1,800 |
2,000 |
113 |
140,000 |
150,000 |
475 |
|
2,000 |
2,500 |
122 |
150,000 |
160,000 |
485 |
|
2,500 |
3,000 |
130 |
160,000 |
170,000 |
495 |
|
3,000 |
4,000 |
143 |
170,000 |
180,000 |
505 |
|
4,000 |
5,000 |
154 |
180,000 |
190,000 |
515 |
|
5,000 |
6,000 |
164 |
190,000 |
200,000 |
525 |
|
6,000 |
7,000 |
172 |
200,000 |
210,000 |
535 |
|
7,000 |
8,000 |
180 |
210,000 |
230,000 |
555 |
|
8,000 |
9,000 |
190 |
230,000 |
250,000 |
575 |
|
9,000 |
10,000 |
200 |
250,000 |
275,000 |
600 |
|
10,000 |
12,000 |
210 |
275,000 |
|
635 |
2. If a building or magazine that contains explosives does not have a barricade as prescribed by NAC 618.5120, the required distance between the building or magazine and other buildings and magazines as determined by this section must be doubled.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
NAC 618.5120 Requirements for barricades. (NRS 618.295, 618.890) A barricade for a building or magazine containing explosives materials must effectively screen the building from the other buildings, public ways and magazines in the explosives manufacturing plant. A barricade that is made of mounds of revetted walls of earth must be not less than 3 feet in thickness. A barricade for a building or magazine containing explosives materials will be considered to be in compliance with this section if a straight line from the top of any side wall of the building or magazine to the eave line of any other building, or to a point that is 12 feet above the center line of a public way, passes through the barricade for the building or magazine.
(Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)
MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE
NAC 618.5155 Definitions. (NRS 618.295) As used in NAC 618.5155 to 618.5335, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.5159 to 618.5215, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5159 “Ammonium perchlorate” defined. (NRS 618.295) “Ammonium perchlorate” means any chemical compound in a solid state that is represented by the formula NH4ClO4.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5163 “Blending” defined. (NRS 618.295) “Blending” means any operation in which different lots of ammonium perchlorate are combined together in a mixture.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5167 “By-product” defined. (NRS 618.295) “By-product” means any chemical compound, other than ammonium perchlorate, that is produced during the manufacture of ammonium perchlorate, separated from the process of manufacturing and not reintroduced into the process.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5171 “Chemical intermediate” defined. (NRS 618.295) “Chemical intermediate” means any chemical compound that is produced as a precursor in the manufacture of ammonium perchlorate. The term does not include any by-product.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5179 “Drying” defined. (NRS 618.295) “Drying” means any operation in which ammonium perchlorate is dehydrated.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5183 “Explosive properties” defined. (NRS 618.295) “Explosive properties” means physical or chemical characteristics that cause a chemical compound or a mixture to undergo a very rapid chemical change, with the evolution of a large volume of highly heated gases that exert pressure in the surrounding medium, if the compound or mixture is subjected to heat, impact, friction, detonation or other suitable initiation.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5187 “Incompatible material” defined. (NRS 618.295) “Incompatible material” means:
1. Any material that is ignited easily and burns readily; or
2. Any substance that, when mixed with ammonium perchlorate, decreases the stability of the mixture and makes it more susceptible to an undesired event.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5191 “Operation” defined. (NRS 618.295) “Operation” means any activity directly involved in the manufacture, handling or storage of ammonium perchlorate or any chemical intermediate.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5195 “Operation building” defined. (NRS 618.295) “Operation building” means any structure in which an operation occurs.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5199 “Operation facility” defined. (NRS 618.295) “Operation facility” means the land, structures and machinery used directly in the manufacture, handling or storage of ammonium perchlorate.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5203 “Process” defined. (NRS 618.295) “Process” means any treatment or chemical reaction used in the manufacture of ammonium perchlorate. The term includes oxidation, reduction, double decomposition, displacement, electrolysis, pumping, filtration, evaporation, crystallization, drying, screening, conveying, pneumatic transferring, blending and packaging.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5207 “Qualified employee” defined. (NRS 618.295) “Qualified employee” means a person employed at an operation facility who:
1. Possesses a recognized degree or certificate; or
2. Through extensive knowledge, training and experience, has successfully demonstrated his ability to solve problems relating to the operation at the facility.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5211 “Redissolve ammonium perchlorate” defined. (NRS 618.295) “Redissolve ammonium perchlorate” means ammonium perchlorate that is designated for reprocessing.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5215 “Storage pad” defined. (NRS 618.295) “Storage pad” means any flat surface, whether enclosed, partially enclosed or unenclosed, on which ammonium perchlorate is stored.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5219 Applicability. (NRS 618.295) The provisions of NAC 618.5155 to 618.5335, inclusive, apply to all activities involving the manufacture, handling or storage of ammonium perchlorate in this State except:
1. The handling or storage of less than 10 pounds of ammonium perchlorate;
2. The transportation of ammonium perchlorate on any railway or public highway;
3. The handling or storage of ammonium perchlorate solely for educational purposes in a laboratory of a school or college; or
4. The storage of less than 1,000 pounds of ammonium perchlorate in a laboratory for quality control.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5223 Training of employees. (NRS 618.295) All employees of every employer, contractor and subcontractor engaged in the manufacture, handling or storage of ammonium perchlorate, except delivery and service workers, must be trained regarding the requirements of NAC 618.5155 to 618.5335, inclusive. Suitable documentation concerning the training must be maintained by the employer, contractor or subcontractor.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5231 Plan of action for emergency. (NRS 618.295) An employer who operates an operation facility shall establish and maintain for the facility a written plan of action to be taken in an emergency. The plan must satisfy the requirements of 29 C.F.R. § 1910.38 or 29 C.F.R. § 1910.120(q).
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5235 Contractors and subcontractors: Duties of employer who operates operation facility. (NRS 618.295) An employer who operates an operation facility shall:
1. Inform any contractor or subcontractor performing work at the facility of:
(a) All known potential hazards of fire or explosion associated with the activities of the contractor or subcontractor; and
(b) Any known potential for exposure to toxic substances related to these activities;
2. Inform each such contractor and subcontractor of any rules of safety of the facility that apply to the work being performed;
3. Provide each such contractor or subcontractor with a copy of the provisions of the emergency plan of action required by NAC 618.5231 that apply to the work being performed;
4. Designate a qualified employee to oversee the work being done, to assure that the employees of the contractor or subcontractor follow all operating procedures and rules of safety applicable to the work; and
5. Ensure that the employees of the contractor or subcontractor receive training relating to:
(a) The hazards associated with ammonium perchlorate; and
(b) The practices necessary to perform their work safely.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5239 Protective clothing and equipment; showers. (NRS 618.295) At each operation facility:
1. If required for the protection of employees, appropriate protective clothing, protective equipment for the eyes and face and respiratory protective equipment must be worn by all employees.
2. Each employee must be trained in the use and importance of the clothing and equipment described in subsection 1.
3. Any employee who has come into physical contact with ammonium perchlorate must be allowed to shower before the end of his shift.
4. Rubber foot coverings or other appropriate foot coverings must be worn at all times by any person who enters an area of the facility in which he can come into contact with ammonium perchlorate or any chemical intermediate.
5. Each person shall remove any contaminated clothing or foot coverings he is wearing before leaving the facility. The clothing and coverings must not be removed from the facility until they are decontaminated.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5243 Facilities for employees to change clothing. (NRS 618.295) A building with facilities for employees to change into and out of work clothes must be provided at each operation facility used to manufacture ammonium perchlorate. The building must comply with the provisions of 29 C.F.R. § 1910.141.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5247 Requirements for construction of operation building. (NRS 618.295)
1. Incompatible materials must not be used in the construction of any part of an operation building that may come into direct contact with ammonium perchlorate.
2. All electrical switches, controls, motors, wiring and equipment located in any part of an operation building where ammonium perchlorate dust is present must conform to the requirements of 29 C.F.R. § 1910.307 for hazardous locations designated as Class II, Division 2.
3. The primary electrical supply to any operation building must be so arranged that it can be cut off by switches located away from the building at one or more locations.
4. All surfaces in an operation building must be constructed to facilitate cleaning and, to the extent practicable, must have no cracks or crevices in which ammonium perchlorate can lodge or accumulate.
5. Each operation building in which the blending, screening or drying of ammonium perchlorate is performed must be provided with an automatic system for the detection of fire and initiation of the operation of a sprinkler system.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5251 Posting of signs prohibiting smoking. (NRS 618.295) Each operation building in which blending, screening or drying is performed and each storage pad must be clearly posted with signs prohibiting smoking.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5255 Standards for equipment used to manufacture ammonium perchlorate. (NRS 618.295)
1. Equipment for blending which is used in the manufacture of ammonium perchlorate must be of a construction suitable for the hazards of the materials with which it is used.
2. Any motorized equipment used to drive a blender, mixer, press, screener or other equipment used to handle ammonium perchlorate in any process must have an enclosure for the motor which keeps the motor free from dust.
3. Any new or newly repaired equipment used in an operation must be cleaned, examined and tested before being placed into routine operation.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5259 Safe temperature for drying ammonium perchlorate; mechanism for controlling temperature. (NRS 618.295)
1. A safe temperature for drying ammonium perchlorate must be established by the employer and identified in the written procedure established for that operation.
2. Equipment used for drying must be equipped with a mechanism for controlling the temperature when it exceeds the safe temperature. The mechanism must operate on an independent electrical circuit and have a manual reset switch.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5263 Use of separator or detector of foreign materials in screening of raw materials. (NRS 618.295) If necessary for the safe handling of the materials, the screening of raw materials must be supplemented by a separator or detector of foreign materials.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5267 Barriers to protect against entry; posting of signs warning against trespassing. (NRS 618.295) The boundaries of an operation facility must be fenced unless topographical or other barriers provide adequate protection against entry. Signs warning against trespassing must be posted at 100-foot intervals around the boundaries of the facility.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5271 Operating procedures and rules of safety. (NRS 618.295) Each operation must be conducted in accordance with written operating procedures and rules of safety. These procedures and rules must include, without limitation:
1. A description of the procedure required for the safe performance of the operation.
2. A provision for the use of any personal protective clothing and equipment required for the operation.
3. A provision for the assurance of the quality of the product.
4. A provision for the inspection and maintenance of equipment used in the operation.
5. A provision for the performance of periodic audits of safety.
6. A description of required housekeeping and operational procedures and procedures for storage.
7. In the case of a new operation or process, a description of the procedure for carrying the operation or process into effect, including a provision for a detailed analysis of hazards before and after the operation or process is put into effect.
8. A description of the procedure for the destruction or disposal of ammonium perchlorate and all chemical intermediates.
9. A provision for the investigation of any incident, including any near-miss.
10. A description of the procedure for reporting any fire.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5275 Availability and enforcement of operating procedures. (NRS 618.295)
1. Applicable portions of the written procedure established for each operation must be readily available to all employees engaged in performing the operation.
2. Each supervisory employee shall maintain a copy of the entire procedure established for the operation he supervises. Each such employee is responsible for the enforcement of the procedure.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5279 General requirements for manufacture, handling and storage of ammonium perchlorate. (NRS 618.295)
1. Ammonium perchlorate must be manufactured, handled and stored as a substance with explosive properties.
2. A person shall not store, handle or convey ammonium perchlorate under circumstances or in a manner constituting an undue hazard to the health or safety of any employee.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5283 Clean up of spills and hazardous residues; maintenance of clean environment. (NRS 618.295)
1. Any spill of ammonium perchlorate, a chemical intermediate or by-product must be cleaned up immediately. An appropriate system for the clean up and collection of hazardous residues must be provided and used at each operation facility.
2. Each operation building must be cleaned to prevent accumulations of ammonium perchlorate, chemical intermediates or by-products. Incompatible materials not required for an operation must be removed from the building at least daily or as often as necessary to maintain a clean environment.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5287 Redissolution or disposal of contaminated ammonium perchlorate. (NRS 618.295) Except as otherwise provided in this section, ammonium perchlorate that is known or suspected to be contaminated with an incompatible material must be promptly redissolved. If a redissolution is not practical or prudent, the ammonium perchlorate must be disposed of in a manner that does not create an undue hazard to the health or safety of any person.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5291 Identification, labeling and tracking of redissolve and finished ammonium perchlorate. (NRS 618.295) Redissolve and finished ammonium perchlorate must be identified, labeled and tracked from production to final disposition.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5295 Tools and equipment. (NRS 618.295)
1. Appropriate tools and equipment must be used in each operation, including any clean-up activity.
2. Any tool used to lubricate, repair or adjust equipment used in an operation must be removed from the operation building or returned to its proper location within the building before routine operations are resumed. The provisions of this subsection do not apply to any tool that is used to adjust the equipment when it is started or any tool that is routinely carried by employees.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5299 Repair of operation building and machinery. (NRS 618.295) Any repair to an operation building or to machinery used in an operation must not be made without prior cleanup, decontamination and the approval by a qualified employee designated by the employer.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5303 Use of inorganic oil for lubrication. (NRS 618.295) To the extent practicable, inorganic oil must be used for lubrication within an operation facility.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5307 Facilities for storage of lubricating oil or fuel oil; performance of fueling operations. (NRS 618.295)
1. All facilities for the storage of lubricating oil or fuel oil, including heating oil, must be:
(a) Separated from any operation building or storage pad; and
(b) Designed in such a way that, in the event of a ruptured tank, the oil will drain away from the operation building or storage pad or into a containment area.
2. All fueling operations must be performed away from any operation building or storage pad.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5311 Restriction of vehicular traffic; inspection and cleaning of vehicles used within operation facility. (NRS 618.295)
1. Except as required for the purposes of education or training, vehicular traffic that is not essential to the conduct or maintenance of the operation must not be permitted in an operation facility.
2. Any vehicle used within an operation facility must be inspected daily, and washed or cleaned with steam if necessary, to prevent the accumulation of ammonium perchlorate or any incompatible material.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5315 Permit for hot work. (NRS 618.295)
1. A permit is required for any hot work performed at an operation facility, except for work performed in a welding shop that is permanently established at the facility. Each employer shall designate a qualified employee to issue such permits.
2. A permit for hot work:
(a) Must certify that, before the beginning of the work, there has been compliance with the requirements for fire prevention and protection contained in 29 C.F.R. §§ 1910.251 and 1910.252;
(b) Must identify the equipment or facility on which the work is to be done; and
(c) Must be kept at the site of the work until the work is completed.
3. A permit for hot work remains valid as long as the work continues without interruption. If work is interrupted for more than 90 minutes, a new permit must be issued before work is resumed. If work is interrupted for 90 minutes or less, the person to whom the permit is issued shall inspect the area for any hazardous condition before resuming work. If any such condition exists, it must be corrected before work is resumed.
4. As used in this section, “hot work” means any work involving welding, cutting, brazing, grinding or any similar activity that produces a flame or a spark.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5319 Transportation of ammonium perchlorate. (NRS 618.295)
1. If ammonium perchlorate is transported within an operation facility, it must be placed in a container meeting the requirements of NAC 618.5331 and covered with a lid. Motorized equipment used to transport ammonium perchlorate may be operated only by a trained and authorized employee.
2. Any powered industrial truck used for the transportation of ammonium perchlorate must meet the requirements of 29 C.F.R. § 1910.178 for trucks designated LPS or ES.
3. As used in this section, “authorized employee” means an employee designated or assigned by an employer to perform specific duties or to be present at a specific location at a job site.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5323 Storage of ammonium perchlorate: General requirements. (NRS 618.295)
1. Ammonium perchlorate must be stored on a storage pad except while it is in process, being loaded or unloaded into a vehicle for transportation or during handling.
2. Not more than 300,000 pounds of ammonium perchlorate may be stored on any storage pad. Not more than 80,000 pounds of redissolve ammonium perchlorate may be stored at an operation facility at any time.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5327 Storage of ammonium perchlorate: Construction of storage pad. (NRS 618.295) Any storage pad constructed or replaced on or after March 1, 1992, must be constructed of concrete.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5331 Storage of ammonium perchlorate: Requirements for containers. (NRS 618.295)
1. Any container used to store ammonium perchlorate:
(a) Must be approved by the Enforcement Section or comply with the standards set forth in 49 C.F.R. § 173.239a, as it existed on July 1, 1990, for containers used in the transportation of ammonium perchlorate.
(b) Must be examined before use for the presence of any foreign material.
(c) Must not be stacked on top of another such container.
2. Any container designated for disposal must be visually inspected for contamination by ammonium perchlorate and thoroughly cleaned before disposal.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
NAC 618.5335 Storage of ammonium perchlorate: Distances from inhabited buildings, storage pads and operation buildings. (NRS 618.295)
1. Inhabited buildings, storage pads and operation buildings must be separated by the following minimum distances from the specified quantities of ammonium perchlorate in storage. The distance specified in each instance is the distance, at their nearest points to each other, between the ammonium perchlorate in storage and the inhabited building, storage pad or operation building, as the case may be.
|
Pounds of Ammonium Perchlorate
|
Inhabited Building
|
Storage Pad
|
Operation Building
|
|
|
Over
|
Not over
|
Minimum Separation Distance (Feet)
|
||
|
|
|
|
|
|
|
10 |
1,000 |
75 |
15 |
50 |
|
1,000 |
5,000 |
115 |
30 |
85 |
|
5,000 |
10,000 |
150 |
30 |
110 |
|
10,000 |
20,000 |
190 |
60 |
135 |
|
20,000 |
30,000 |
215 |
60 |
155 |
|
30,000 |
40,000 |
235 |
85 |
170 |
|
40,000 |
50,000 |
250 |
85 |
185 |
|
50,000 |
60,000 |
260 |
100 |
200 |
|
60,000 |
70,000 |
270 |
100 |
205 |
|
70,000 |
80,000 |
280 |
100 |
215 |
|
80,000 |
90,000 |
295 |
100 |
225 |
|
90,000 |
100,000 |
300 |
100 |
235 |
|
100,000 |
200,000 |
375 |
100 |
290 |
|
200,000 |
300,000 |
450 |
100 |
335 |
2. As used in this section, “inhabited building” means any structure that is regularly occupied, in whole or in part, by human beings, but does not include an operation building.
(Added to NAC by Div. of Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)
SAFETY PROGRAMS
NAC 618.538 Establishment of written safety program. (NRS 618.295, 618.383) An employer who enters into business in this State after May 18, 1994, shall, within 60 days after the date on which his eleventh employee is hired in this State, establish a written safety program in accordance with NRS 618.383 and NAC 618.538 to 618.544, inclusive.
(Added to NAC by Div. of Industrial Relations, eff. 5-18-94; A by R142-98, 2-28-2000)
NAC 618.540 Requirements of written safety program. (NRS 618.295, 618.383)
1. Except as otherwise provided in this section, in addition to the requirements set forth in subsection 2 of NRS 618.383, a written safety program must include:
(a) A statement explaining that the managers, supervisors and employees are responsible for carrying out the program;
(b) An explanation of the methods used to identify, analyze and control new and existing hazardous conditions;
(c) An explanation of the methods used to ensure that employees receive the appropriate safety and health training before performing their work duties;
(d) The procedures that must be followed to investigate an accident which has occurred and the corrective actions that are to be initiated; and
(e) A method for ensuring that employees comply with the safety rules and work practices.
2. Except as otherwise provided in this section, an employer with more than 25 employees who is required to establish a safety committee pursuant to NRS 618.383 shall include in the written safety program:
(a) The manner in which members of the committee are selected;
(b) The purpose and duties of the committee; and
(c) The frequency of the meetings of the committee.
3. In lieu of establishing a written safety program in accordance with subsections 1 and 2, an employer may establish an equivalent written safety program if he obtains the approval of the Administrator.
(Added to NAC by Div. of Industrial Relations, eff. 11-5-93; A by R142-98, 2-28-2000; R124-00, 9-6-2001)
NAC 618.542 Records of written safety program. (NRS 618.295, 618.383)
1. An employer who establishes a written safety program shall keep written records of:
(a) The safety and health issues which are discussed at the meetings of the safety committee, if he is required to establish such a committee;
(b) The attendance of those persons who participate in the meetings of the safety committee; and
(c) The attendance of employees participating in the training programs.
2. The records must be:
(a) Maintained for 3 years; and
(b) Available for review by the Division upon request.
(Added to NAC by Div. of Industrial Relations, eff. 11-5-93; A by R142-98, 2-28-2000)
NAC 618.544 Conformance with document and videotape produced by Division. (NRS 618.295, 618.376)
1. The contents of the document required by NRS 618.376 that sets forth the rights and responsibilities of employers and employees to promote safety in the workplace must conform with “Nevada Workplace Safety: Your Rights and Responsibilities,” SCATS Form IE, 0-302, published by the Division. The Division will publish “Nevada Workplace Safety: Your Rights and Responsibilities” in English, Spanish and any other language the Division determines is appropriate.
2. The contents of the videotape required by NRS 618.376 that sets forth the rights and responsibilities of employers and employees to promote safety in the workplace must conform with “Safety in the Workplace,” produced by the Division. The Division will produce “Safety in the Workplace” in English, Spanish and any other language the Division determines is appropriate.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
RECORDS AND REPORTS
NAC 618.550 Definitions. (NRS 618.295) As used in NAC 618.550 to 618.589, inclusive, unless the context otherwise requires, the words and terms defined in NRS 618.029 to 618.165, inclusive, and NAC 618.5502 to 618.5512, inclusive, have the meanings ascribed to them in those sections.
[Dep’t of Occupational Safety & Health, No. 67.120, eff. 8-7-76; A 12-20-79]—(NAC A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.5502 “Act” defined. (NRS 618.295) “Act” means the Nevada Occupational Safety and Health Act set forth in chapter 618 of NRS.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.5504 “Establishment” defined. (NRS 618.295) “Establishment” means:
1. For a private employer, a single physical location where his business is conducted or where services or industrial operations are performed, including a factory, mill, store, hotel, restaurant, movie theater, farm, bank, sales office, warehouse or central administrative office. If distinctly separate activities are performed at a single physical location, for example, where construction activities under contract are operated from the same physical location as a lumber yard, each activity will be treated as a separate establishment.
2. For a public employer:
(a) A single physical location where a specific governmental function is performed; or
(b) A location which is the lowest level where attendance or payroll records are kept for a group of employees who perform the same governmental function or who are in the same organizational unit, even if its activities are carried on at more than a single physical location.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.5506 “First aid” defined. (NRS 618.295) “First aid” means a single treatment and any follow-up visit for the purpose of observation of minor scratches, cuts, burns, splinters and other injuries which do not ordinarily require medical care. Such treatment and any follow-up visit for the purpose of observation are considered first aid, even if the treatment or visit is provided by a physician or registered professional personnel.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.5508 “Lost workdays” defined. (NRS 618.295) “Lost workdays” means the days, whether consecutive or not, after, but not including, the day of injury or illness during which the employee would have worked, but could not perform all or any part of his normal assignment during all or any part of the workday or shift because of an occupational injury or illness.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.551 “Medical treatment” defined. (NRS 618.295) “Medical treatment” means treatment administered by a physician or by registered professional personnel pursuant to the orders of a physician. The term does not include first aid, even if the first aid is provided by a physician or registered professional personnel.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.5512 “Recordable occupational injury or illness” defined. (NRS 618.295) “Recordable occupational injury or illness” means an occupational injury or illness that results in:
1. A fatality, regardless of the time between the injury and death, or the length of the illness;
2. A lost workday, other than for a fatality; or
3. A nonfatal injury or illness without a lost workday which results in a transfer to another job or the termination of employment, or requires medical treatment other than first aid, or involves the loss of consciousness or the restriction of work or motion.
Ê The term includes a diagnosed occupational illness that is reported to the employer, but is not classified as a fatality or does not result in a lost workday.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.553 Scope. (NRS 618.295) The provisions of NAC 618.550 to 618.589, inclusive, provide for:
1. Recordkeeping and reporting by employers covered under the act as necessary or appropriate for the enforcement of the act;
2. Developing information regarding the causes and prevention of occupational injuries and illnesses; and
3. Maintaining a program of collection, compilation and analysis of statistics concerning occupational safety and health.
[Dep’t of Occupational Safety & Health, No. 67.010, eff. 8-7-76; A 12-20-79; 1-9-81]—(NAC A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.556 Employer’s log and summary. (NRS 618.295)
1. Except as otherwise provided in subsection 2 and NAC 618.589, each employer shall maintain in each of his establishments a log and summary of all recordable occupational injuries and illnesses for that establishment. Each employer shall enter each recordable occupational injury and illness on the log and summary as early as practicable, but no later than 6 working days after receiving information that a recordable case has occurred. For this purpose, Occupational Safety and Health Administration Form No. 200 or any state or private form which is equivalent may be used. Form No. 200 or its equivalent must be completed in detail as provided in the form and the instruction contained in it. If an equivalent form is used, such as a printout from data processing equipment, the information must be as readable and comprehensible as Form No. 200 to a person not familiar with the data processing equipment.
2. Any employer may maintain the log and summary of occupational injuries and illnesses at a place other than the establishment or by means of data processing equipment, or both, if:
(a) There is available at the place where the log and summary are maintained sufficient information to complete the log and summary within 6 working days after receiving information that a recordable case has occurred; and
(b) At the particular establishment, there is available a copy of the log and summary which reflects separately the occupational injuries and illnesses which have occurred at that establishment and is complete and current to a date within 45 calendar days after the date of occurrence.
[Dep’t of Occupational Safety & Health, No. 67.020, eff. 8-7-76; A 12-20-79]—(NAC A by Div. of Occupational Safety & Health, 8-26-83)
NAC 618.559 Log and summary: Period covered. (NRS 618.295) Logs and summaries must be kept on the basis of a calendar year.
[Dep’t of Occupational Safety & Health, No. 67.030, eff. 8-7-76; A 12-20-79]
NAC 618.562 Supplementary records. (NRS 618.295) Except as otherwise provided in NAC 618.580 and 618.589, each employer shall have available for inspection at each establishment within 6 working days after receiving information that a recordable case has occurred, a supplementary record for each occupational injury or illness for that establishment. The record must be completed in the detail prescribed in the instructions accompanying Occupational Safety and Health Administration Form No. 101. Reports relating to workmen’s compensation or other reports are acceptable alternative records if they contain the information required in Form No. 101. If no acceptable alternative record is maintained for other purposes, Form No. 101 must be used or the necessary information must be otherwise maintained.
[Dep’t of Occupational Safety & Health, No. 67.040, eff. 8-7-76; A 12-20-79]—(NAC A by Div. of Occupational Safety & Health, 8-26-83)
NAC 618.565 Annual summary. (NRS 618.295)
1. Except as otherwise provided in NAC 618.589, each employer shall post an annual summary of occupational injuries and illnesses for each of his establishments. The summary must be entered on Form No. 200 of the Occupational Safety and Health Administration and may consist of a copy of the year’s totals from the last form submitted by the employer for the year. The summary must include:
(a) The calendar year covered;
(b) The name of the company;
(c) The name and address of the establishment; and
(d) The certification required by subsection 3, including the title of the person making the certification and the date on which it is made.
Ê If no injuries or illnesses occurred in the year, zeros must be entered on the lines indicating the year’s totals.
2. The summary must be completed no later than February 1 of each year.
3. Each employer or the officer or employee of the employer who supervises the preparation of the log and annual summary of occupational injuries and illnesses shall certify that the annual summary is true and complete by affixing his signature at the bottom of the last page of the log and summary or by appending a separate statement to the log and summary certifying that the summary is true and complete.
4. The employer shall post a copy of the establishment’s summary in the establishment at the place or places where notices to employees are normally posted. The summary covering the previous calendar year must remain posted from February 1 until March 1. If an employee does not primarily report to or work at a single establishment or does not report to any fixed establishment on a regular basis, the employer shall present or mail a copy of the summary during the month of February to the employee if he receives pay during that month. If an employer has more than one establishment and the operations in some of the establishments have closed during the calendar year, he need not post any summaries for the closed establishments.
[Dep’t of Occupational Safety & Health, No. 67.060, eff. 8-7-76; A 12-20-79; 1-9-81]—(NAC A by Div. of Occupational Safety & Health, 8-26-83)
NAC 618.571 Copies of required forms. (NRS 618.295) If copies of Form Nos. 200 and 101, or their equivalent, are not readily available, they may be obtained at the local offices of the Enforcement Section or by mail upon request to the Enforcement Section.
[Dep’t of Occupational Safety & Health, No. 67.050, eff. 8-7-76; A 12-20-79]
NAC 618.574 Retention of records. (NRS 618.295)
1. The records provided for in NAC 618.556, 618.562, 618.565 and 618.571, including Form Nos. 101 and 200, must be retained in each establishment for 5 years following the end of the year to which they relate.
2. If the ownership of an establishment changes, the new employer is responsible for maintaining records and filing reports only for the period of the year during which he owns the establishment, but he shall preserve the records, if any, which the prior employer was required by this section to keep at the establishment.
[Dep’t of Occupational Safety & Health, No. 67.070, eff. 8-7-76; A 12-20-79; 1-9-81]—(NAC A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.577 Access to records. (NRS 618.295)
1. Each employer shall, upon request, make available the records provided for in NAC 618.556, 618.562, 618.565 and 618.571 for inspection and copying by representatives of the Enforcement Section during any inspection provided for by the Act.
2. The employer shall, upon request, make available the log and summary of all recordable occupational injuries and illnesses, including Form No. 200 or its equivalent, to the employee or former employee or his representative for examination and copying in a reasonable manner and at reasonable times for any establishment in which the employee is or has been employed.
3. This section does not preclude employees or their representatives from collectively bargaining to obtain access to information relating to occupational injuries and illnesses in addition to the information made available under this section.
[Dep’t of Occupational Safety & Health, No. 67.080, eff. 8-7-76; A 12-20-79]
NAC 618.580 Small employers. (NRS 618.295) An employer who had no more than 10 employees at any one time during the calendar year immediately preceding the current calendar year need not comply with any of the provisions of NAC 618.550 to 618.589, inclusive, except he shall:
1. Report any fatal accident or accident resulting in the hospitalization of three or more employees;
2. Maintain a log and summary of occupational injuries and illnesses; and
3. Make reports upon being notified in writing by the Enforcement Section that the employer has been selected to participate in a statistical survey of occupational injuries and illnesses.
[Dep’t of Occupational Safety & Health, No. 67.150, eff. 8-7-76; A 12-20-79]—(NAC A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.583 Retention of records for employees not in fixed establishments. (NRS 618.295)
1. Employers of employees engaged in physically dispersed operations, such as occur in construction, installation, repair or service activities, who do not report to any fixed establishment on a regular basis, but are subject to common supervision, may satisfy the provisions of NAC 618.556, 618.562 and 618.574 with respect to such employees by:
(a) Maintaining the required records for each operation or group of operations which is subject to common supervision in an established central place;
(b) Having the address and telephone number of the central place available at each work site; and
(c) Having personnel available at the central place during normal business hours to provide information from the records maintained there by telephone and by mail.
2. For firms engaged in activities such as agriculture, construction, transportation, communications, and electric, gas and sanitary services, which may be physically dispersed, records may be maintained at a place to which employees report each day.
3. Records for personnel who do not primarily work at a single establishment and who are generally not supervised in their daily work, such as traveling salesmen, technicians and engineers, may be maintained at the location from which they are paid or the base from which they operate to carry out their activities.
[Dep’t of Occupational Safety & Health, No. 67.140, eff. 8-7-76; A 12-20-79]
NAC 618.586 Petitions for relief from regulations. (NRS 618.295)
1. Any public employer who wishes to maintain records in a manner different from that required by NAC 618.550 to 618.589, inclusive, may submit to the Enforcement Section, a petition containing:
(a) The name and address of the applicant;
(b) The address of the place and places of employment involved;
(c) Specifications of the reasons for seeking relief;
(d) A description of the different recordkeeping procedures which are proposed by the applicant;
(e) A statement that the applicant has informed his affected employees of the petition by giving a copy thereof to them or to their authorized representative, by posting a statement giving a summary of the petition and by other appropriate means;
(f) A statement that he has informed his affected employees of their rights under subsection 2; and
(g) If the applicant has more than one establishment, a list of all his establishments which would be affected by the petition.
2. The applicant must post, at the place or places where notices to employees are normally posted, a notice summarizing the petition and a statement specifying where a copy of the full petition may be examined. The affected employees or their representatives may submit written data, views or arguments concerning the petition to the Enforcement Section within 10 working days after the notice is posted.
3. The Enforcement Section will consult with appropriate representatives of the Bureau of Labor Statistics of the United States Department of Labor to ensure that the procedure in this section may be carried out effectively.
[Dep’t of Occupational Safety & Health, No. 67.130, eff. 8-7-76; A 12-20-79; A and renumbered as 67.110, 1-9-81]—(NAC A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.589 Exceptions to reporting requirements; adoption of standards by reference. (NRS 618.295)
1. If an employer’s establishment is classified within major groups 55 to 67, inclusive, 72, 73, 78 or 81 to 89, inclusive, of the Standard Industrial Classification Manual, 1987 edition, he is not required to comply with the reporting requirements contained in NAC 618.550 to 618.589, inclusive, for that establishment, except that he shall:
(a) Report fatal accidents or accidents requiring the hospitalization of three or more employees pursuant to NRS 618.378; and
(b) Maintain a log and summary of occupational injuries and illnesses and provide reports upon receiving written notification from the Bureau of Labor Statistics of the United States Department of Labor that he has been selected to participate in a statistical survey of occupational injuries and illnesses.
2. The Standard Industrial Classification Manual, 1987 edition, prepared by the Office of Management and Budget, is hereby adopted by reference. A copy of the manual may be obtained from the National Technical Information Service, Springfield, Virginia 22161, for the price of $30.
(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)
VARIANCES FROM STANDARDS
General Provisions
NAC 618.630 Definitions. (NRS 618.295) As used in NAC 618.630 to 618.6382, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.6304 to 618.6313, inclusive, have the meanings ascribed to them in those sections.
(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)
NAC 618.6304 “Affected employee” defined. (NRS 618.295) “Affected employee” means an employee who would be affected by the grant or denial of a variance from a standard adopted pursuant to chapter 618 of NRS, or his authorized representative, such as his agent for collective bargaining.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6307 “Interim order” defined. (NRS 618.295) “Interim order” means an order which is effective during the period between the receipt of a request for a variance and a final decision.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.631 “Permanent order” defined. (NRS 618.295) “Permanent order” means an order for a variance which remains in effect for the time during which the conditions addressed in the request exist.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6313 “Temporary order” defined. (NRS 618.295) “Temporary order” means an order which is effective during the period after the adoption of a new standard to allow the employer a reasonable time to conform to the new standard.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6316 Application for permanent variance: General requirements. (NRS 618.295) An application for a permanent variance from a standard adopted under chapter 618 of NRS must:
1. Be submitted on a form provided by the Enforcement Section.
2. Be legible.
3. Be signed by the applicant or his authorized representative.
4. Contain a statement, signed by a representative of the employees or an employee who knows the contents of the application, that he has read the application.
(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)
NAC 618.6319 Application for permanent variance: Contents. (NRS 618.295) An application for a permanent variance must include:
1. The applicant’s name, address and telephone number;
2. The address of each place of employment involved;
3. A description of the conditions, practices, methods, operations or processes used or proposed to be used by the applicant;
4. A statement showing how the conditions, practices, methods, operations or processes used or proposed to be used would provide the applicant’s employees with employment and places of employment which are as safe and healthful as those required by the standard from which the variance is sought;
5. A certification that the applicant has informed his employees of the application by:
(a) Giving a copy of it to their authorized representative; and
(b) Posting a copy of the text or a summary of the application at each place where the applicant normally posts notices to his employees; and
6. A description of the way the applicant’s employees have been informed of their right to petition the Administrator for a hearing.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6322 Interim order: Application; notice of terms of order. (NRS 618.295)
1. An employer may apply for an interim order for a variance to be effective until a decision is rendered on an application for a temporary variance. An application for an interim order may include statements of fact and reasons why the order should be granted. The Administrator may rule ex parte upon the application.
2. If such an application is denied, the Administrator will give the applicant prompt notice of the denial. The notice will include or be accompanied by a brief statement of the grounds for the denial.
3. If an interim order is granted, the Administrator will have a copy of it served upon the applicant and other parties. The terms of the order are a public record and will be published in at least two daily newspapers. The affected employer shall give notice of such an interim order to his affected employees by the same means as would be used to inform them of an application for a permanent or temporary variance.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6325 Consideration of application made while proceeding on citation pending. (NRS 618.295) If a citation has been issued to an employer and a proceeding on the citation or a related issue concerning a proposed penalty or period of abatement is pending before the Occupational Safety and Health Review Board, the Administrator will not consider an application for a variance from a standard adopted under chapter 618 of NRS until the completion of that proceeding.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6328 Consolidation. (NRS 618.295) The Administrator will, on his own motion or that of any party to a proceeding, consolidate or contemporaneously consider two or more applications for variances which involve the same or closely related issues if efficiency would result from a consolidation and the parties would not be prejudiced by it.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6331 Denial of application. (NRS 618.295)
1. If an application for a variance does not conform to the requirements relating thereto, the Administrator will deny the application.
2. The Administrator will give prompt notice of the denial of an application to the applicant. The notice of denial will include or be accompanied by a brief statement of the ground for the denial.
3. If an application is denied because it is defective, another application may be filed without prejudice.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6334 Notice of application; decision of Administrator. (NRS 618.295)
1. If an application for a variance has not been denied because it is defective, the Administrator will have published in at least two daily newspapers a notice of the filing of the application.
2. The Administrator will include in the notice:
(a) The terms or an accurate summary of the application;
(b) A reference to the statutory section under which the application has been filed;
(c) An invitation to interested persons to submit, within a stated period, written data, views or arguments regarding the application; and
(d) A statement of the right of affected employers and employees to request a hearing on the application.
3. Within 10 days after issuing a final decision on the application, the Administrator will furnish a copy of his decision to the affected employer and employees and will have his decision published in at least two daily newspapers.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6337 Acceptance of federal variance. (NRS 618.295) If the Federal Government has granted an employer a variance from a federal standard which applies to his operations in more than one state and the standard is identical to a Nevada standard, the Administrator will accept the federal variance as an authoritative interpretation determining the employer’s obligation to comply with the Nevada standard if:
1. The employer files the information required for an application for a variance; and
2. The Administrator finds that there is no objection of substance to the interpretation.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.634 Variance not retroactive. (NRS 618.295) A variance granted pursuant to NRS 618.415 to 618.421, inclusive, is not retroactive.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
Hearings
NAC 618.6343 Request for hearing. (NRS 618.295)
1. Any affected employer or employee may file with the Administrator a request for a hearing on an application for a variance.
2. A request for such a hearing must include:
(a) The name, address and telephone number of the person requesting the hearing;
(b) A concise statement of facts showing how the employer and employee would be affected by the variance applied for;
(c) An identification of any statement or representation in the application which the person requesting the hearing denies, and a concise summary of the evidence that he would adduce in support of each denial; and
(d) Any statements concerning any issue of fact or law raised in the application.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6346 Hearings conducted by Administrator or hearing officer. (NRS 618.295) The Administrator will personally conduct hearings on applications for variances or he will appoint a hearing officer to perform that duty. If the Administrator appoints a hearing officer, the Administrator will furnish him:
1. The original application and request for the hearing; and
2. A copy of the notice of the hearing.
Ê The hearing officer shall conform to the procedures established by the Administrator for hearings.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6349 Powers of Administrator. (NRS 618.295) The Administrator will, in order to conduct a fair, full and impartial hearing:
1. Rule upon offers of proof;
2. Allow the use of discovery and determine its scope;
3. Regulate the course of the hearing and the conduct of the parties and their counsel;
4. Consider and rule upon procedural requests;
5. Hold conferences whenever issues can be settled or simplified with the consent of the parties; and
6. Make or have made an inspection of the place of employment involved if such an inspection will aid in resolving the issues.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6352 Parties to hearings. (NRS 618.295)
1. An applicant for relief and any affected employee are entitled to be named as parties to a hearing for a variance.
2. The Enforcement Section, represented by the general counsel of the Division, shall be deemed to be a party to such a hearing.
(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)
NAC 618.6355 Service of process; proof of service. (NRS 618.295)
1. The service of any document relating to a hearing on an application for a variance upon any party to the proceeding must be made by personal delivery or by certified mail to the last known address of the party.
2. The person serving the document shall certify to the manner and the date of the service.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6358 Prehearing conference. (NRS 618.295)
1. Upon his own motion or the motion of a party to the proceeding, the Administrator will, in an appropriate case, direct the parties or their counsel to meet with him for a conference to consider:
(a) The necessity or desirability of amending documents for purposes of clarification, simplification or limitation;
(b) Stipulations, admissions of fact and of the contents and authenticity of documents;
(c) Limitations upon the number of parties and expert witnesses; and
(d) Such other matters as may tend to expedite the disposition of the issues to ensure a just conclusion of the proceeding.
2. The Administrator will make an order which recites the action taken upon such a conference, the amendments allowed to any documents which have been filed and any agreements made between the parties. The order will limit the issues for hearing to those not disposed of by admission or agreement. The order controls the subsequent course of the hearing unless it is modified at the hearing to prevent manifest injustice.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6361 Agreements for settlement. (NRS 618.295)
1. At any time before or during a hearing, the parties may request the Administrator to allow them an opportunity to negotiate an agreement for settlement containing findings by consent and an order disposing of the proceeding or any part of it. The Administrator will set the amount of time to be granted for any such negotiation, after considering:
(a) The nature of the proceeding;
(b) The public interest;
(c) The representations of the parties; and
(d) The probability that the parties will reach an agreement which will result in a just disposition of the issues involved.
2. Any such agreement must provide that:
(a) The order made in accordance with the agreement will have the same effect as if it were made after a full hearing;
(b) The entire record on which the order will be based will consist solely of the application for the variance and the agreement;
(c) Any rights of the parties to further procedural steps before the Administrator are waived; and
(d) Any rights of the parties to challenge the validity of the findings and of the order made in accordance with the agreement are waived.
3. Before the expiration of the time granted for negotiating the settlement, the parties or their counsel shall:
(a) Submit the proposed agreement to the Administrator for his consideration; or
(b) Inform him that they cannot reach an agreement.
4. If an agreement for settlement is submitted within the time granted and the Administrator accepts the agreement, he will issue his decision based upon the agreed findings.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6364 Conduct at hearings. (NRS 618.295)
1. A person’s contumacious conduct at any such hearing is a ground for his exclusion from the hearing.
2. If a witness or a party refuses to answer a question after being directed to do so or refuses to obey an order to provide or permit discovery, the Administrator will make such an order as is just and appropriate, such as an order denying the application or regulating the content of the record.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6367 Discovery. (NRS 618.295)
1. A party may take the deposition of a witness if he will not be able to attend the hearing or if some other good reason exists for taking his deposition. A deposition may be taken orally or upon written interrogatories before any person who is designated by the Administrator and who has the power to administer oaths.
2. Any party desiring to take the deposition of a witness must make written application to the Administrator, setting forth:
(a) The reasons why the deposition should be taken;
(b) The time and place for taking the proposed deposition;
(c) The person before whom the deposition would be taken;
(d) The name and address of the witness; and
(e) The subject on which the witness is expected to testify.
3. The party taking the deposition shall give the other parties such notice as the Administrator may order.
4. Each witness testifying by deposition must be sworn and the parties not calling him may cross-examine him.
5. The questions propounded and answers thereto, together with all objections made, must be reduced to writing, read to the witness, subscribed by him and certified by the officer before whom the deposition is taken. The officer shall enclose two copies of the deposition in an envelope, seal the envelope and send it by registered mail to the hearing officer.
6. Subject to such objections to questions and answers as were noted at the time of taking the deposition and would be valid were the witness personally present and testifying, the party who has taken a deposition may read it at the hearing and offer it in evidence against any party who was present or represented at the taking of the deposition, or who had due notice thereof. No part of a deposition may be admitted in evidence unless the person offering it shows that the reasons for taking the deposition in the first instance exist at the time of the hearing.
7. Whenever appropriate to a just disposition of any issue in a hearing, the Administrator will allow discovery by a method other than the taking of a deposition, as by written interrogatories, request for production of documents, or request for permission to inspect the place of employment.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.637 Presentation of evidence; objections. (NRS 618.295)
1. Except as may otherwise be ordered by the Administrator, the applicant for a variance must proceed first at a hearing.
2. The applicant has the burden of proof.
3. If a party objects to the admission or rejection of any evidence, the limitation of the scope of any examination or cross-examination or the failure to limit the scope, he must state briefly the grounds for his objection. Rulings on all objections must appear in the record. Only objections made before the Administrator may be relied upon in a subsequent proceeding.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6373 Records of hearings. (NRS 618.295) A hearing must be stenographically reported or recorded on magnetic tape. Copies of the transcript may be obtained by the parties upon the filing of a written application with the reporter and the payment of fees at the rate provided in the agreement with the reporter or the Enforcement Section.
(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)
NAC 618.6376 Briefs. (NRS 618.295) Within 10 days after receipt of notice that the transcript of the testimony has been filed or such additional time as the Administrator may allow, each party may file with him proposed findings of fact and conclusions of law, together with a supporting brief expressing the reasons for the proposed findings and conclusions. The briefs and proposed findings of fact and conclusions of law must refer to all portions of the record and to all authorities relied upon in support of each proposal. A party’s brief, with the proposed findings and conclusions, must be served on all other parties.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6379 Decision of Administrator. (NRS 618.295)
1. Within a reasonable time after the time allowed for the filing of the briefs and the proposed findings of fact and conclusions of law, the Administrator will make and serve upon each party his decision, which becomes final upon the 20th day after service, unless exceptions are filed thereto.
2. The Administrator’s decision will:
(a) Include the reasons for each of his findings and conclusions for each material issue of fact and law presented on the record, and will specify each fact which he officially noticed.
(b) Be based upon a consideration of the whole record, and will be made on the basis of a preponderance of the reliable and probative evidence.
3. The Administrator’s decision, after the opportunity for the parties to make exceptions, is a final administrative decision for purposes of judicial review.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6382 Exceptions to decision. (NRS 618.295)
1. Within 20 days after the Administrator’s decision is served, any party to the proceeding may file written exceptions to the decision. Such exceptions must be filed with the Administrator and must include:
(a) A reference to the specific findings of fact, conclusions of law or terms of the order to which the exceptions are being made;
(b) The specific pages of the transcript relevant to the exceptions; and
(c) Suggestions for correcting those findings, conclusions or terms.
2. Upon receipt of any such exceptions, the Administrator will fix a time for the filing of any objections to the exceptions and any supporting reasons therefor.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
ENFORCEMENT
General Provisions
NAC 618.640 Definitions. (NRS 618.295) As used in NAC 618.640 to 618.6497, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.64005 to 618.6422, inclusive, have the meanings ascribed to them in those sections.
(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)
NAC 618.64005 “Abatement” defined. (NRS 618.295) “Abatement” means the action taken by an employer to:
1. Comply with a standard or regulation cited by the Enforcement Section in a citation; or
2. Eliminate a hazard identified by the Enforcement Section in a citation.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.6401 “Board” defined. (NRS 618.295) “Board” means the Occupational Safety and Health Review Board.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6404 “District manager” defined. (NRS 618.295) “District manager” means the officer or employee of the Enforcement Section who is regularly or temporarily in charge of a district office of the Enforcement Section or any person who is authorized to act for that employee or officer.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.641 “Establishment” defined. (NRS 618.295) “Establishment” means a building or area where business is conducted or where services or industrial operations are performed, as a bank, central administrative office, factory, farm, hotel, mill, movie theater, ranch, restaurant, sales office, store or warehouse.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6413 “Imminent danger” defined. (NRS 618.295) “Imminent danger” means the existence of any condition or practice in a workplace which could reasonably be expected immediately to cause death or serious physical harm to any employee if operations were to proceed in the workplace or if employees were to enter it before the condition or practice is eliminated.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6416 “Inspection” defined. (NRS 618.295) “Inspection” means any inspection or investigation made pursuant to NRS 618.325, 618.425 or 618.445.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6419 “Inspector” defined. (NRS 618.295) “Inspector” means a person employed as a safety and health representative or industrial hygienist who is authorized by the Chief to conduct inspections.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6422 “Working day” defined. (NRS 618.295) “Working day” means every day of the year except Saturdays, Sundays and legal holidays.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6425 Computation of time. (NRS 618.295) In computing any period prescribed or allowed in NAC 618.640 to 618.6497, inclusive, the day from which the designated period begins to run is not included. The last day of the period so computed is included.
(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)
NAC 618.6428 Posting of notices; district managers to provide applicable statutes, regulations and standards. (NRS 618.295)
1. An employer shall:
(a) Post all notices provided by the Enforcement Section in each of his establishments in a conspicuous place where he customarily posts notices to employees; and
(b) Ensure that those notices are not altered, defaced or covered by other material.
2. Reproductions or facsimiles of those notices must be at least 8 1/2 inches by 14 inches. The size of the print must be at least 10-point type. If the size of the notice is increased, the size of the print must be increased accordingly. The caption or heading on the notice must be printed in not less than 36-point type.
3. Where separate activities are performed at a single physical location, each activity must be treated as being conducted at a separate physical establishment, and separate notices must be posted at the site of each activity to the extent that sufficient copies of the notices have been furnished by the Enforcement Section. If an employer is engaged in dispersed activities, the notices must be posted at the location to which his employees report each day. If the employees do not usually work at or report to a single establishment, the notices must be posted at the location from which the employees operate.
4. District managers shall maintain and make available upon request copies of chapter 618 of NRS, all regulations of the Division and all applicable standards. If an employer has copies of these materials, he shall make them available upon request to any employee or his authorized representative for review in the establishment where the employee is employed on the same day the request is made or at the earliest time which is mutually convenient to the employee or his authorized representative and the employer.
(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)
Inspections
NAC 618.6431 Advance notice of inspection. (NRS 618.295)
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.
2. When an advance notice of an inspection is received, the employer shall give notice of the inspection to the representative of the employees if the identity of the representative is known to the employer. If the identity of the representative is not known, the employer shall notify a reasonable number of employees.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6434 Powers and duties of inspector. (NRS 618.295)
1. At the beginning of an inspection, an inspector shall:
(a) Present his 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 he wishes to review, but such a designation does not preclude access to additional records.
2. An inspector may take environmental samples and take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques in conducting the inspection, and question privately any employer, owner, agent or employee of the place of employment being inspected. As used in this subsection, the phrase “employ other reasonable investigative techniques” includes, without limitation, the use of devices to measure the exposure of employees to hazardous elements and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees to monitor the exposure of the employees.
3. In taking photographs and sampling, an inspector shall take such reasonable precautions as are necessary to ensure that his actions with any flash, spark-producing or other type of equipment is not hazardous. An inspector shall comply with all safety and health rules established by the employer for that place of employment, and shall wear and use appropriate protective clothing and equipment.
4. An inspection must be conducted in such a manner as to preclude unreasonable disruption of the operations of the place of employment being inspected.
5. At the conclusion of his inspection, an inspector shall confer with the employer or his representative to advise the employer or representative informally of any apparent safety or health violations disclosed by the inspection. During such a conference, the inspector shall afford the employer or his representative the opportunity to bring to the attention of the inspector any pertinent information regarding conditions at the place of employment.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial Relations by R109-00, 9-6-2001)
NAC 618.6437 Persons authorized to accompany inspector. (NRS 618.295)
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 him on an inspection if he 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 he 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)
NAC 618.644 Scope of inspection. (NRS 618.295) If an employee or representative of employees requests an inspection of a workplace by giving written notice of an alleged violation to the Chief or his representative, 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)
NAC 618.6443 Waiver of penalty prohibited. (NRS 618.295) 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)
NAC 618.6446 Authorization required to inspect area with classified information. (NRS 618.295) 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)
NAC 618.6449 Trade secrets. (NRS 618.295) 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)
NAC 618.6452 Objections to inspections. (NRS 618.295)
1. If an inspector, while in the exercise of his official duties, is refused entry into any place of employment, he shall try to ascertain the reason for the refusal and shall immediately report the refusal and the reason to his district manager.
2. The district manager shall consult with the Chief and may request him 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 his 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 district manager.
4. The district manager shall consult with the Chief and may request him 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)
NAC 618.6455 Denial of request for investigation. (NRS 618.295)
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 him of his 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, he shall notify the employee in writing of his 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)
Citations, Notices of Violations and Proposed Penalties; Abatements
NAC 618.6458 Citations and notices of violations. (NRS 618.295)
1. If an inspector, on the basis of his 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.
2. The district manager or the inspector may issue an appropriate citation or notice of violation even though, after being informed of the violation, the employer immediately abates it.
3. The district manager shall review copies of citations issued by inspectors and may amend or withdraw citations when appropriate.
4. Citations must be issued with reasonable promptness after the inspection is completed and must be sent by certified mail to the employer or delivered to him personally.
5. The inspector shall issue any written notice of violation or oral notice of a minor violation before the end of the inspection.
6. Each notice of violation must contain all the provisions which NRS 618.465 requires for citations. Each citation or notice of violation must contain a clause informing employees of their right to contest the reasonableness of the period of time for abatement which is set forth in the citation or notice.
7. Where a violation is not serious, the inspector may issue a notice of violation in lieu of a citation in order to allow the employer an opportunity to abate the violation promptly and voluntarily, without any contest or penalty.
8. The district manager may issue a citation even though a notice of violation has already been issued.
9. A notice of violation has the same effect as a citation which has become a final order when the notice is used in a subsequent proceeding involving:
(a) A willful violation of applicable standards or regulations;
(b) A failure to abate the violation for which the notice was issued; or
(c) A repeat of the violation for which the notice was issued.
10. If a citation or notice of violation is issued for a violation alleged under NRS 618.425 or 618.435, the district manager shall send a copy of the citation or notice of violation to the employee or the representative of the employees who requested the inspection or notification of danger.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6461 Review upon refusal to issue citation. (NRS 618.295, 618.435)
1. If a district manager refuses to issue a citation with respect to an inspection conducted pursuant to NRS 618.435, he shall notify the employee in writing of his determination and inform him of his 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 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 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)
NAC 618.6464 Imminent dangers. (NRS 618.295)
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 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 OSHES-8, Emergency Restraining Order to Remove Alleged Imminent Danger, to the employer or his representative.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-8; A by Div. of Industrial Relations by R142-98, 2-28-2000)
NAC 618.6465 Violations concerning movable equipment. (NRS 618.295)
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,
Ê whichever occurs earliest.
4. An employer shall remove movable equipment from use if the Enforcement Section determines that the movable equipment is a serious hazard to employees. The equipment must not be used until it is repaired and approved by the Enforcement Section.
5. As used in this section, “movable equipment” means a powered or unpowered machine or device that is used to perform work and may be moved between work sites.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.6467 Posting of citation, notice of violation or notice of intent to contest citation; compliance. (NRS 618.295, 618.465)
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 he files a notice of his 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 his 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)
NAC 618.647 Modification of time for abatement of violation: General requirements. (NRS 618.295)
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 he 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 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)
NAC 618.6473 Modification of time for abatement of violation: Contents, posting and service of petition. (NRS 618.295)
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 he 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.
2. The petition must be filed with the district manager who issued the citation on or before the original date set for the abatement. If the petition is filed later, it must be accompanied by the employer’s statement of exceptional circumstances explaining the delay.
3. The employer must post a copy of the petition in a conspicuous place where all affected employees will have notice of it or near the location where the violation occurred. The petition must remain posted for 10 working days.
4. Where the affected employees have a representative, the employer must serve him with a copy of the petition.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6476 Modification of time for abatement of violation: Objections to petitions. (NRS 618.295)
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 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)
NAC 618.6479 Modification of time for abatement of violation: Informal review upon denial of petition. (NRS 618.295) 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)
NAC 618.6482 Proposed penalties. (NRS 618.295)
1. The district manager shall determine the amount of any proposed penalty and may at the employer’s request explain to him, 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)
NAC 618.6485 Notices of contests. (NRS 618.295)
1. An employer’s notice of his 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,
Ê or both.
2. A notice by an employee or the representative of the employees of his or their intention to contest the reasonableness of the period allowed for abatement of a violation must be:
(a) In writing; and
(b) Filed with the district manager.
3. The district manager shall immediately transmit a notice of contest to the Chief.
4. The Chief will have any such notice of contest filed with the Board.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6488 Conference for discussion of intended contest of citation, date for abatement or proposed penalty. (NRS 618.295)
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,
Ê within 15 days after receipt of the citation or before a notice of contest is filed with the Enforcement Section.
2. Whenever such a conference is requested by an employer or employee, both parties must be afforded the opportunity to participate.
3. If the party requesting the conference objects to the attendance of the other party, the district manager may hold separate conferences.
4. Any party may be represented by counsel at such a conference.
5. No such conference operates to stay the 15-day period for notifying the Enforcement Section of an intent to contest a citation, date of abatement or proposed penalty or to file an appeal.
6. If the parties reach agreement on any issue raised at such a conference, their agreement must be embodied in a determination by the district manager, based on findings of fact, affirming, modifying or vacating the citation or penalty or directing other appropriate relief.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6491 Failure to correct violations. (NRS 618.295)
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 failure and of the penalty or additional penalty which may be assessed under NRS 618.655 because of that failure.
2. Each notice of an employer’s failure to correct a violation and of a proposed penalty or additional penalty must state that it shall be deemed to be the final order of the Board and not subject to review unless, within 15 working days after the date of the employer’s receipt of the notice, he notifies the district manager in writing that he intends to contest the proposed or additional penalty.
3. If the employer does not, within the 15-day period, contest the proposed penalty or correct the violation, the district manager shall request the Chief to take appropriate action pursuant to NRS 618.515.
(Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83)
NAC 618.6494 Abatement: Certification; exemption. (NRS 618.295)
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.
4. As used in this section, “date of abatement” means:
(a) For an uncontested violation or hazard set forth in a citation, the date by which abatement is required pursuant to:
(1) The citation;
(2) The written approval from the Enforcement Section; or
(3) An informal settlement agreement between the employer and the Enforcement Section,
Ê whichever is latest.
(b) For a contested violation or hazard set forth in a citation for which the Board has issued an order after notice and hearing, the date set forth in:
(1) The order by which abatement is required; or
(2) A formal settlement agreement between the employer and the Enforcement Section,
Ê whichever is later.
(c) For a contested violation or hazard set forth in a citation for which the Board has issued an order after notice and hearing and for which the district court has affirmed the order of the Board, the date by which abatement is required pursuant to the order of the district court.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.6495 Abatement: Submission of plan; progress report. (NRS 618.295)
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,
Ê whichever is later.
3. An employer who is required to submit a plan for abatement pursuant to this section may be required to submit to the Enforcement Section on a form provided or approved by the Division a progress report relating to the abatement of each violation or hazard set forth in the citation. If the employer is required to submit a progress report pursuant to this subsection, the Enforcement Section shall set forth in the citation the requirement, the violation or hazard for which the requirement must be met and the date when the report must be submitted.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.6496 Abatement: Contents of documentation; date of submission. (NRS 618.295)
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 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.
2. For each document an employer is required to submit to the Enforcement Section pursuant to NAC 618.6494 and 618.6495, the date of submission shall be deemed to be:
(a) For a document deposited with the United States Postal Service, the date of the postmark.
(b) For a document submitted by any other means, the date the Enforcement Section receives the document.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
NAC 618.6497 Abatement: Posting of documentation; notification of employee or authorized representative; right to examine or copy documents. (NRS 618.295)
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 his 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 his authorized representative; or
(b) Take such other action as the Enforcement Section determines is necessary to inform adequately each affected employee or his authorized representative.
3. An employer shall notify each employee or his authorized representative of his right to examine and copy each document submitted to the Enforcement Section by the employer pursuant to NAC 618.6494 and 618.6495.
4. An employer shall notify his employees or their authorized representatives that documents are being submitted to the Enforcement Section pursuant to NAC 618.6494 and 618.6495 before or at the same time that those documents are submitted to the Enforcement Section.
5. An employee or his authorized representative may submit a written request to examine or copy any document submitted by the employer to the Enforcement Section pursuant to NAC 618.6494 and 618.6495 within 3 working days after the employee or authorized representative receives notice that the document has been submitted. The employer shall allow the employee or his authorized representative to examine or copy such a document within 5 working days after the employer receives the written request to examine or copy the documents.
6. The employer shall ensure that each document posted pursuant to this section is not altered, defaced or covered by other material.
7. As used in this section, “affected employee” means an employee who was exposed to the hazard set forth in a citation issued by the Enforcement Section.
(Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)
PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD
General Provisions
NAC 618.650 Definitions. (NRS 618.585) As used in NAC 618.650 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)
NAC 618.653 “Affected employee” defined. (NRS 618.295) “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 assigned duties.
[Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]
NAC 618.656 “Authorized employee representative” defined. (NRS 618.295) “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]
NAC 618.659 “Board” defined. (NRS 618.295) “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]
NAC 618.662 “Citation” defined. (NRS 618.295) “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]
NAC 618.665 “Day” defined. (NRS 618.295) “Day” means a calendar day.
[Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]
NAC 618.668 “Notification of proposed penalty” defined. (NRS 618.295) “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]
NAC 618.671 “Proceeding” defined. (NRS 618.295) “Proceeding” means any proceeding before the Board.
[Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]
NAC 618.674 “Representative” defined. (NRS 618.295) “Representative” means any person, including an authorized employee representative, authorized by a party or intervener to represent him in a proceeding.
[Dep’t of Occupational Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]
NAC 618.677 “Working day” defined. (NRS 618.295) “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]
NAC 618.680 Scope. (NRS 618.295)
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]
NAC 618.683 Computation of time. (NRS 618.295)
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]
NAC 618.686 Extensions of time. (NRS 618.295, 618.585) 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)
NAC 618.692 Penalties. (NRS 618.295) All penalties assessed by the Enforcement Section are civil penalties.
[Dep’t of Occupational Safety & Health, Rule No. 109, eff. 11-9-73]
NAC 618.695 Filing. (NRS 618.295, 618.585)
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 200, 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)
Parties
NAC 618.698 Participation by affected employee. (NRS 618.295, 618.585)
1. An affected employee may participate as a party in the hearing before the Board if:
(a) He notifies the Board and all parties in writing at least 30 days before the beginning of the hearing, of his desire to participate; or
(b) For good cause shown, the Board allows him to participate as a party without notice.
2. If a notice of a contest is filed by an employee or by an authorized employee representative concerning the reasonableness of the period for abatement of a violation, the employer charged with the responsibility of abating the violation may participate as a party in the hearing before the Board if he notifies the Board and all parties at least 30 days before the beginning of the hearing of his desire to participate.
[Dep’t of Occupational Safety & Health, Rule No. 20, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)
NAC 618.701 Representation of parties and interveners; qualifications of representatives. (NRS 618.295, 618.585)
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 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 was personally responsible during the period of his 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)
NAC 618.704 Withdrawal of representative. (NRS 618.295, 618.585) 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)
NAC 618.707 Service of process: General requirements. (NRS 618.295, 618.585)
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)
NAC 618.710 Service of process: Authorized employee representatives; unrepresented employees. (NRS 618.295, 618.585)
1. If an affected employee is not represented by an authorized employee representative, the employer shall, immediately upon receipt of the notice sent by the Enforcement Section to the Board, post, where the citation is required to be posted, a copy of the statement informing affected employees of their right to participate as a party and of the availability of all pleadings for inspection and copying at reasonable times. The notice may be in the following form:
(Name of employer)
Your employer has been cited by the Chief of the Occupational Safety and Health Enforcement Section of the Division of Industrial Relations of the Department of Business and Industry for violation of the Nevada Occupational Safety and Health Act, chapter 618 of NRS. The citation has been contested and will be the subject of a hearing before the Occupational Safety and Health Review Board. Affected employees are entitled to participate in this hearing as parties under terms and conditions established by the Occupational Safety and Health Review Board in NAC 618.650 to 618.848, inclusive. Notice of intent to participate must be sent, at least 30 days before the date of the hearing, to:
Occupational Safety and Health Review Board
400 West King Street, Suite 200
Carson City, Nevada 89703
All papers relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace).
If appropriate, the second sentence of this notice may be deleted and the following sentence may be substituted:
The reasonableness of the period prescribed by the Chief for abatement of the violation has been contested and will be the subject of a hearing before the Occupational Safety and Health Review Board.
2. The authorized employee representative must be served with the notice in subsection 1 and with a copy of the notice of the appeal or contest.
3. A copy of the notice of the hearing to be held before the Board must be served by the employer on affected employees who are not represented by an authorized employee representative by posting a copy of the notice of the hearing at or near the place where the citation is required to be posted.
4. A copy of the notice of the hearing to be held before the Board must be served by the employer on the authorized representative of any employee who has entered an appearance as of the date the notice is received by the employer.
5. If a notice of contest is filed by an affected employee who is not represented by an authorized employee representative and there are other affected employees who are represented by an authorized employee representative, the unrepresented employee shall serve a copy on the authorized representative as prescribed in subsection 3 of NAC 618.707 and file proof of the service.
6. If a notice of contest is filed by an affected employee or an authorized employee representative, a copy of the notice of contest and the response filed in support of the contest must be provided to the employer for posting as prescribed in subsection 1.
7. An authorized employee representative who files a notice of contest shall serve a copy of the notice on any other authorized employee representative whose members are affected employees.
8. Where posting is required by this section, the posting must be maintained until the commencement of the hearing or until an earlier disposition of the contest or appeal.
[Dep’t of Occupational Safety & Health, Rule No. 7 subsecs. 6-14, 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)
NAC 618.713 Proof of service. (NRS 618.295, 618.585)
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)
Pleadings, Motions and Other Papers
NAC 618.716 Contents of initial pleading. (NRS 618.295) An initial pleading filed by any person must contain his 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 his right to notice and service.
[Dep’t of Occupational Safety & Health, Rule No. 6, eff. 11-9-73]
NAC 618.719 All relevant documents to be submitted to Board with notice of appeal or contest. (NRS 618.295, 618.585) 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)
NAC 618.720 Notice of appeal or contest to be sent to all interested parties. (NRS 618.295) 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)
NAC 618.722 Captions; titles of cases. (NRS 618.295, 618.585)
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)
NAC 618.725 Form of pleadings. (NRS 618.295)
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 representative. This signature constitutes a representation by the signer that he has read the document or pleading, that to the best of his 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]
NAC 618.734 Response to motions. (NRS 618.295) 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]
NAC 618.737 Statement of position. (NRS 618.295) 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]
NAC 618.740 Petition for leave to intervene. (NRS 618.295, 618.585)
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)
NAC 618.743 Failure to file pleadings. (NRS 618.295) 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]
Complaints
NAC 618.746 Filing by Chief; allegations; amendment of citation or proposed penalty. (NRS 618.295, 618.585)
1. The Chief shall file a complaint with the Board no later than 20 days after his 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.
3. If the Chief seeks in his complaint to amend his citation or proposed penalty, he shall give the reasons for amendment and state with particularity the change sought.
[Dep’t of Occupational Safety & Health, part Rule No. 33, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)
NAC 618.749 Answer. (NRS 618.295, 618.585)
1. Within 15 days after service of a complaint, the party against whom the complaint was issued shall file an answer with the Board and serve the opposing parties with a copy of the answer.
2. The answer must contain a short and plain statement denying those allegations in the complaint which the party intends to contest. Any allegation not denied shall be deemed admitted.
[Dep’t of Occupational Safety & Health, part Rule No. 33, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)
Hearings
NAC 618.752 Conduct of hearings by Board. (NRS 618.295, 618.585) The Board will conduct a fair and impartial hearing to assure that the facts are fully elicited to adjudicate all issues and avoid delay. The Board will, between the time it is notified of an appeal or contest and the time it issues a decision:
1. Rule upon offers of proof and receive relevant evidence;
2. Take or cause depositions to be taken whenever the needs of justice would be served;
3. Regulate the course of the hearing and, if appropriate or necessary, exclude persons from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions;
4. Hold conferences for the settlement or simplification of the issues;
5. Dispose of procedural requests or similar matters, including motions referred to the Board by the Chief and motions to amend p