January 2017 - Nevada

STATE OF NEVADA Department of Business and Industry

Division of Industrial Relations OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Nevada Operations Manual (NOM)

January 2017

Executive Summary

This Manual, revised January, 2017 cancels and replaces the Nevada Operations Manual (NOM) revision February 2013 and this document constitutes Nevada OSHA's (NVOSHA) general enforcement policies and procedures manual for use by the NVOSHA District Offices in conducting inspections, issuing citations, and proposing penalties.

The State of Nevada, under an agreement with Federal OSHA, operates an occupational safety and health program in accordance with Section 18 of the Occupational Safety and Health Act of 1970. Initial approval of the Nevada State Plan was published on January 4, 1974, and Final approval was published on April 18, 2000.

The Nevada State Plan applies to all public and private sector employers in the State, with some exceptions, including, but not limited to Federal employees, the United States Postal Service (USPS), private sector maritime, employment on Indian lands, and areas of exclusive Federal jurisdiction. See NRS 618.315; 29 CFR 1952.295.

The Administrator of the Division of Industrial Relations (the Administrator) is charged with enforcing the Nevada Occupational Safety and Health Act (the Act), NRS 618.005 et seq. He is also the Nevada State Plan designee.

Under the Act, the Division of Industrial Relations is administered by the Department of Business and Industry and a decision on any question under the Act must be a decision of the Administrator, subject to review by the Department. Thus, either the Administrator of the Division of Industrial Relations or the Director of the Department of Business and Industry may, as they deem appropriate, participate in any activity authorized by the Act or set forth in this Operations Manual.

NEVADA OPERATIONS MANUAL (Revised January 2017)

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Significant Changes

Removed references to IMIS/NCR procedures and replaced with appropriate OIS references throughout the document.

Removed references to CPL 02-00-149 Severe Violator Enforcement Program, replaced with references to the Nevada OSHA Severe Violator Enforcement Program.

Added internet links to referenced documents throughout. Chapter 2 ? Updated cooperative programs overview to reference the Nevada VPP Policies and

Procedures Manual Chapter 2 ? Updated language to add justification for conducting an inspection at an exempt

employer in the inspection narrative (2.4.d.2) Chapter 3 ? Added requirement to forward referrals for SHARP participant sites to SCATS for

handling (3.2.b.1) Chapter 3 ? Added language requiring CSHOs to maintain physical possession of their credentials

during inspections. (3.4.b.1) Added language concerning confidentiality of interview statements released to non-management

employees at the employee's request. (3.7.i.5.C) Updated violation worksheet requirements to comply with OIS procedures (4.5.c) Updated language to mandate interviews with management officials related to the inspection (5.7.c) Deleted references to "N" codes when performing inspection activities related to appropriations act

rider provisions (6.2.b) Updated language in Chapter 6 Appendix A to reflect changes to probability assessment factor

language in OIS (Ch. 6 App. A) Added language referring users to the OIS Enforcement User Manual for detailed and current debt

collection processing procedures. (6.15.b) Removed reference to CPL 02-00-090, Guidelines for Administration of Corporate-Wide Settlement

Agreements. (Ch 7&8) Removed "including a past employee" from definition of non-formal complaint (9.1.a.1.B) Added "Former Employee of Referred Employer" and associated information to definition of Referral

(9.1.a.6.H) Added "The supervisor shall provide a detailed explanation of his reasons for ordering an inspection

in the applicable comments fields in the complaint or referral report" to the requirements for inspections ordered based on supervisory discretion (9.1.f.10)

NEVADA OPERATIONS MANUAL (Revised January 2017)

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 Deleted "working" as related to the number of days to initiate an inspection. Note, no differentiation is made in the NOM regarding inspection initiation timeframes between complaints and referrals. (9.1.k.4)

Modified discrimination complaint procedures to conform to current agency practices (9.3) Changed references to agriculture inspection SIC codes to current NAICS codes as found in the BLS

NAICS Crosswalk (10.1.b.3) Amended procedures regarding Recording and Tracking for Fatality/Catastrophe Investigations to

conform to current OIS procedures (11.2.k) Added requirement for CSHOs to be accompanied by sworn law enforcement when serving a warrant

(previous language stated local or county officials). New language allows for state law enforcement personnel (15.3.g) Added basic language to Chapter 16 (previously reserved) regarding disclosure of agency records pursuant to the Nevada Open Records Law (Ch 16).

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Disclaimer

This manual is intended to provide instruction regarding some of the internal operations of the Nevada Occupational Safety and Health Administration (NVOSHA), and is solely for the benefit of the State of Nevada Government. No duties, rights, or benefits, substantive or procedural, are created or implied by this manual. The contents of this manual are not enforceable by any person or entity against the Division of Industrial Relations or the State of Nevada. Statements, which reflect current Nevada Occupational Safety and Health Review Board or court precedents, do not necessarily indicate acquiescence with those precedents.

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