The Division of Industrial Relations (DIR) Occupational Safety and Health Administration (OSHA) has begun conducting follow up visits to business establishments that were previously found to be in noncompliance with the face covering requirement, social distancing and other measures to protect the safety and health of Nevada’s workforce.
During the period of July 6 through 8, Nevada OSHA officials conducted 56 follow up visits and found 50 of those businesses have taken the appropriate measures to come in compliance, a compliance rate of 89 percent.
At the businesses where continued violations were observed, an investigation process will be initiated by OSHA officials. Pending the outcome of the investigation, confirmed noncompliance will result in the issuance of a notice of citation and penalty outlining the alleged violations and requiring the businesses to take corrective action to come into compliance.
In addition, at the time the investigation is initiated, the business will be provided a written notice and informed that if ongoing noncompliance is observed the Administrator, under an emergency declaration, is authorized to order the business to cease operations at that location until the business has established and implemented operating procedures to comply.
Penalties are assessed based on how the violation is categorized and which reduction factors are applied. If a business has demonstrated willful indifference to the health and safety of their employees, the violation is categorized as willful and a penalty of up to $134,940 per violation can be assessed. A classification of serious can also be applied, resulting in a penalty of up to $13,494 per violation.
Factors that can automatically reduce the assessed penalty amount include, but are not limited to the employer’s OSHA history, the size of the business, and the gravity of the violation.
Details of open and ongoing investigations are confidential under NRS 618.341(3). Once the investigation is formally closed, details concerning the citations issued, including business names and locations can be released.
Since the initial observations began, 1,564 initial observations have been conducted showing a cumulative statewide compliance rate of 79 percent statewide, 85 percent compliance in northern Nevada and 72 percent compliance in southern Nevada.