LAS VEGAS (KTNV) — Three businesses in the Las Vegas area received citations and penalties by the state last week, according to the Division of Industrial Relations.
The OSHA citations for the week beginning on Aug. 17 include:
- Petco #1177 (8495 W. Warm Springs Road in Las Vegas) -- $8,675
- Kiss Lounge & Nu Ethiopian Kitchen (4230 S. Decatur Blvd., Suite #300 in Las Vegas) -- $2,892
- Newman Arms (1801 N. Boulder Highway in Henderson) -- $2,603
Two additional citations were issued to business establishments in Elko and are in process of being delivered to the employer, DIR says. Citation details will be available for public disclosure later this week.
31 citations have been issued since the face-covering mandate was put into effect on June 24 via Emergency Directive 024.
According to the department, citations were issued after officials observed noncompliance with one or more requirements of general and industry-specific guidance and directives during both an initial observation and a follow-up visit by division officials. The employers were provided notice and a request for compliance during the first visit. Upon observation of ongoing non-compliance during a follow-up visit, a formal investigation was opened with the employer.
In addition, a notice was provided indicating that in the event of future non-compliance, the administrator may issue an order requiring the business to cease all activity at that location during this state of emergency under NRS 618.545(1) until the business has established and implemented operating procedures to comply with the requirements.
Since observations began in late-June to determine compliance with mandated health and safety measures under the Governor’s Declaration of Emergency Directive 024 and Nevada OSHA’s Guidance for Roadmap to Recovery, DIR officials have conducted 6,611 initial visits at business establishments finding a cumulative 88 percent statewide compliance rate, an 89 percent compliance rate in northern Nevada and 87 percent compliance in southern Nevada.
During the week beginning Aug. 17, officials conducted 456 initial visits across the state at a wide range of business sectors finding an 88 percent compliance rate statewide, 84 percent in northern Nevada, and 93 percent in southern Nevada.
Cities with compliance rates below the statewide average of 88 percent during the week beginning Aug. 17 include:
- Gardnerville -- 64 percent
- Sparks -- 77 percent
- Winnemucca -- 80 percent
- Reno -- 81 percent
- Yerington -- 82 percent
- Carson City -- 85 percent
- Sun Valley -- 86 percent
Cities that scored a 100 percent compliance rate for initial observations during the week beginning Aug. 17 include Dayton, Fallon, Henderson, and Virginia City.
Initial compliance rates for business sectors across the state where 25 or more observations were conducted, during the week beginning Aug. 17 include:
- Automobile Sales and Service -- 79 percent
- Other -- 86 percent
- General Retail -- 80 percent
- Hair, Nail and Tattoo Salons -- 90 percent
- Convenience Store -- 93 percent
- Restaurants -- 94 percent
Follow Up Observations
Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 916 follow up visits finding a 95 percent statewide compliance rate with a 96 percent compliance rate in northern Nevada, and 93 percent in the south.
During the week beginning August 17, officials conducted 158 follow up visits finding a 99 percent compliance rate statewide.
In addition to the field observation process, Nevada OSHA continues to respond to complaints and referrals regarding face coverings, social distancing, cleaning and disinfection, and other areas of concern related to COVID-19 received by their offices. More than 2,800 complaints have been filed to-date. The top five business sectors receiving the most complaints include general retail with 773 (27 percent); restaurants- 447 complaints (16 percent); medical- 227 complaints (8 percent); gaming- 190 complaints (7 percent); and construction- 167 complaints (6 percent).
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. A notice of citation and penalty is issued to the business if a violation is found as a result of the investigation.
Workplace health and safety complaints can be reported to the Division by filing an online complaint at osha.gov.
Important Information for Employers
Employers should note that an updated version of Nevada OSHA’s Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan was published on July 29 and can be found at dir.nv.gov. The updated document states that Nevada OSHA does not recognize face shields as an alternative to or as an effective “face covering” as required by section 4 of the Nevada Declaration of Emergency Directive 024. The face-covering must effectively control the breathing zone and restrain any expelled or exhaled water droplets within the covering. Industry-specific guidance and links to all of the Emergency Directives can be found at nvhealthresponse.nv.gov.
The Division’s Safety Consultation and Training Section (SCATS) also offers free consultations to businesses to help them understand and implement the requirements in order to comply with the health and safety guidance and directives for all businesses, and specific requirements for each industry. SCATS can be reached by calling 1-877-4SAFENV.