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Pahrump Valley Winery, 3 other businesses cited for COVID-19 safety violations

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Posted at 2:10 PM, Oct 05, 2020
and last updated 2020-10-06 21:31:39-04

NEVADA (KTNV) — Four Nevada businesses received COVID-19 safety violations from the state last week, which has updated its enforcement policy.

The Division of Industrial Relations administration now has a compliance observation process.

Between Sept. 28 and Oct. 2, one business was cited during the observation process:

  • Welding Nevada (1518 Scotland Lane in Las Vegas) -- $4,048 penalty

Three additional businesses were cited as a result of closed complaint and referral investigations:

  • Pahrump Valley Winery (3810 Winery Road in Pahrump) -- $8,501 penalty
  • LMG, LLC (7060 Windy Street in Las Vegas) -- $6,073 penalty
  • Sea Salt (9635 Bermuda Road, Suite 150 in Las Vegas) -- $4,858

Read the full DIR report below.

RELATED: Nevada businesses facing fines for violating coronavirus safety rules

ENFORCEMENT POLICY

During the third quarter, DIR administration implemented a compliance observation process to monitor compliance with applicable guidance and directives. Observations have been conducted at bars and restaurants, gaming properties, large and small retail establishments including grocery stores, home improvement stores, clothing stores, gyms, hair and nail salons, and other locations where large groups of people may congregate for longer periods of time, which can lead to a heightened risk of spreading the virus.

If non-compliance is found during an initial observation, the business is provided written notice and request for voluntary compliance. A follow-up visit by Nevada OSHA officials will be conducted. If the employer is still non-complaint, a formal inspection is opened. If the observed violations are substantiated, a notice of citation and penalty will be issued. The maximum penalty of $134,940 can be assessed to an employer that willfully violates the provisions of the effective directives and guidance. If the employer is in compliance during the follow-up visit, the inspection is closed with no further action taken.

The observation process supplemented investigative work already being done by Nevada OSHA in response to the thousands of complaints filed by employees and referrals filed by members of the public since the initial shutdown occurred in early March. The majority of complaints are resolved through an employer inquiry and response process. In instances where the inquiry process does not provide a satisfactory response or resolution of the complaint, an investigation is opened.

In-field inspections are also being conducted by OSHA officials when violations of standard or regulation are alleged in addition to reported coronavirus health and safety concerns. A notice of citation and penalty is issued to the business if a violation is found as a result of the investigation. The maximum penalty of $134,940 can be assessed to an employer that willfully violates the provisions of the effective directives and guidance.

OBSERVATION COMPLIANCE AND CITATIONS

During initial observations conducted September 28 through October 2, Division of Industrial Relations (DIR) officials found that 92 percent of the 405 businesses visited were compliant with required health and safety measures to slow community spread of COVID-19.

Industry compliance for business types with 20 or more observations was as follows:

  • Bars, 116 observations- 91 percent
  • Restaurants, 117 observations- 92 percent
  • General Retail, 51 observations- 92 percent
  • Hair/ Nail/ Tattoo Salons, 27 observations- 93 percent
  • Other, 43 observations- 95 percent

Cities with compliance rates below the 92 percent statewide average for the same period include Sparks, 83 percent and Carson City at 89 percent.

A total of 8,912 initial visits have been conducted since the governor’s Declaration of Emergency Directive 24 went into effect with an overall compliance rate of 89 percent.

In northern Nevada, 4,497 businesses have been observed with a 90 percent rate of compliance, while 4,415 initial observations in southern Nevada found 87 percent compliance. Officials also conducted 65 follow up visits, 48 of those were conducted in northern Nevada and found a 94 percent compliance rate.

In southern Nevada, 17 follow up visits were conducted with a 100 percent compliance rate.

A total of 1,633 follow up visits have been conducted statewide, resulting in a cumulative compliance rate of 95 percent, with 97 percent overall compliance in northern Nevada and 93 percent in the south.

One citation was issued last week as a result of the observation process:

Welding Nevada
1518 Scotland Lane, Las Vegas, NV 89102
Penalty: $4,048
Violation Summary: Failure to comply with face-covering requirements for employees and/or patrons.

Since the beginning of Q3 2020, 34 citations have been issued under the Division’s observation process.

COMPLAINT/REFERRAL STATISTICS AND CITATIONS

Nevada OSHA has received a total of 3,894 complaints and referrals related to coronavirus health and safety concerns. The top five complaint categories by industry include:

  • General retail- 1071 complaints, 27 percent
  • Restaurants and bars- 655 complaints 17 percent
  • Medical- 291 complaints, 7 percent
  • Gaming- 241 complaints, 6 percent
  • Grocery stores- 215, 6 percent

The top five zip codes for complaints include:

  • 89502 (Reno), 199 complaints
  • 89109 (Las Vegas), 184 complaints
  • 89119 (Las Vegas), 136 complaints
  • 89434 (Sparks), 128 complaints
  • 89431 (Sparks), 125 complaints

During the week beginning September 28, the following citations were issued as a result of closed complaint and referral investigations where violations of applicable guidance, directives and regulation were found:

Nevada Wine Cellars, Inc. dba Pahrump Valley Winery
3810 Winery Road, Pahrump, NV 89048
Inspection 1494458
Penalty $8,501
Violation summary: The business hosted an event at which their employees worked and at which the 50-person limit of attendees was exceeded, social distancing among attendees was not maintained and face coverings were not being worn by all attendees.

LMG, LLC
7060 Windy Street, Las Vegas, NV 89119
Inspection 1494484
Penalty $6,073
Violation summary: Employees worked at an event at which the 50-person limit of attendees was exceeded, social distancing among attendees was not maintained and face coverings were not being worn by all attendees.

Hel LLC dba Sea Salt
9635 Bermuda Road, Suite 150, Las Vegas, NV 89123
Inspection 1490331
Penalty $4,858
Violation summary: Employee and customer face-covering deficiencies, lack of hazard communication program (chemical safety), lack of hazard communication training.

Nevada OSHA published the first coronavirus-related guidance for employers operating under the essential phase in mid-March and has published subsequent revisions and new guidance as a result of the State’s phased reopening plan announcements.

In addition to Nevada OSHA’s published guidance for employers to operate safely, the State has issued a number of directives for business under the governor’s declaration of emergency.

Since mid-March, Nevada OSHA has issued 135 citations to businesses in violation of the effective guidance, directives and/or regulations. This is in addition to the citations issued as a result of the observation process.

For more information visit dir.nv.gov.

Workplace safety concerns can be filed online with Nevada OSHA at osha.gov.