NRS 618.257 Sectionsfor Enforcement and for Safety and Health Consultation, Education, Informationand Training: Establishment; duties; certain programs and services for smallemployers.

NRS 618.265 Officesof Division.

NRS 618.285 Dutiesof Division.

NRS 618.295 Regulationsand standards; medical examination for exposure to hazard.

NRS 618.305 Sourcesfor standards.

NRS 618.315 Authorityof Division over working conditions; limitations; safety orders.

NRS 618.325 Powersof Administrator and representatives; entry and inspection of places ofemployment.

NRS 618.336 Recordand logbook of complaints received from employees: Maintenance; contents;accessibility; retention.

NRS 618.341 Recordsof Division: Public inspection; copying; confidentiality; exception.

NRS 618.345 Programsfor collection, compilation and analysis of statistics.

NRS 618.347 Reportconcerning issuance of certain citations by Division.

NRS 618.350 Dutiesof Division regarding occupational safety and health.

NRS 618.353 Dutiesof Division regarding training and education of employers and employees.

SCOPE AND OPERATION

NRS 618.365 Scopeof chapter; limited disclosure of information of Division; protection of tradesecrets.

NRS 618.370 Accessby employees, former employees and their representatives to records ofemployers; charge for copies.

NRS 618.375 Dutiesof employers.

NRS 618.376 Employerto provide employee with rights and responsibilities to promote safety inworkplace; regulations.

NRS 618.378 Employerrequired to report fatal accident or accident requiring hospitalization ofemployees; investigation of accident by Division; insurer to report claimed orreported injuries and diseases; compliance with federal recordkeeping and reportingrequirements; variances to those requirements.

NRS 618.379 Dismantlingor removal of equipment causing fatal accident or accident requiringhospitalization of employees prohibited under certain circumstances;questioning of persons necessary for investigation.

NRS 618.380 Employeeto be notified of harmful exposure and corrective action.

NRS 618.383 Establishmentof safety program: Duties of certain employers; requirements of program;training for temporary employees; regulations; exemption.

NRS 618.384 Establishmentof safety program: Employers encouraged to employ persons who have completedcertain training in basic emergency care of persons in cardiac arrest.

NRS 618.385 Employersnot to maintain unsafe or unhealthy places of employment.

NRS 618.395 Constructionand maintenance of unsafe or unhealthy place of employment prohibited.

NRS 618.405 Removalof or interference with safety devices or safeguards by employee prohibited.

NRS 618.415 Permanentvariances from standards.

NRS 618.417 Variancefrom standard: Participation in experiments to safeguard health or safety.

NRS 618.419 Variancefrom standard: Application for temporary order; notice and hearing.

NRS 618.421 Variancefrom standard: Contents; period of effectiveness and renewal of temporaryorder; interim order.

NRS 618.425 Requestfor investigation; confidentiality; investigation by Division.

NRS 618.435 Complaintof violation before or during inspection of workplace; review of refusal toissue citation; accompaniment of Divisions representative during inspection.

NRS 618.445 Employeeprotected from discharge or discrimination; procedure for reinstatement.

NRS 618.455 Advancenotice of inspection prohibited; exception.

ENFORCEMENT

NRS 618.465 Issuanceof citations.

NRS 618.475 Citations:Notification of employer; employees appeal of required abatement; notreviewable if uncontested.

NRS 618.495 Depositionof witnesses.

NRS 618.505 Compensationof witnesses.

NRS 618.515 Enforcementof orders and subpoenas of Division.

NRS 618.525 Divisionmay prosecute and defend actions.

NRS 618.535 Admissibilityof Divisions orders, rules, regulations, findings and decisions.

NRS 618.545 Emergencyorders of Administrator; injunctive relief.

NRS 618.555 Mandamusto compel Administrator to issue emergency order.

OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD

NRS 618.565 Creation;number, appointment, qualifications and terms of members.

NRS 618.575 Officers.

NRS 618.585 Duties;legal counsel; quorum; decisions; records; duties, rights and responsibilitiesof alternate.

NRS 618.595 Compensationof members and employees.

NRS 618.605 Administrativereview: Notice; hearing; participation of employees.

UNLAWFUL ACTS; PENALTIES

NRS 618.625 Assessment,payment and recovery of administrative fines; serious violation defined.

NRS 618.635 Willfulor repeated violations.

NRS 618.645 Seriousand nonserious violations.

NRS 618.655 Failureto correct violations.

NRS 618.665 Refusalto submit records for inspection.

NRS 618.675 Failureto post and maintain notices and records.

NRS 618.685 Violationcausing death of employee.

NRS 618.695 Unauthorizedadvance notice of inspection.

NRS 618.705 Falsestatements, complaints or entries; concealment of information.

NRS 618.710 Unlawfuluse of title or designation indicating recognition or certification asprofessional in field of occupational safety and health; revocation of license;penalty.

NRS 618.715 Separateand continuing offenses.

MISCELLANEOUS PROVISIONS

NRS 618.720 Separatelavatories for men and women to be provided; penalty.

CERTAIN OCCUPATIONS

Control of Asbestos

NRS 618.750 Definitions.

NRS 618.755 Scope.

NRS 618.760 Regulationsof Division: Generally.

NRS 618.765 Regulationsof Division: Standards and procedures.

NRS 618.770 Assessmentsand fees: Establishment; collection; use.

NRS 618.775 Regulationsof State Environmental Commission.

NRS 618.780 Disposalof asbestos and material containing asbestos.

NRS 618.785 Provisionsand standards not to be used as evidence to deny liability or claim forcompensation for exposure to asbestos.

NRS 618.790 Licenserequired.

NRS 618.795 Issuanceof licenses by Division.

NRS 618.800 Applicationfor license: Requirements and procedures.

NRS 618.801 Applicationfor license: Statement by applicant regarding child support; grounds for denialof license; duty of Division. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 618.802 Applicationfor license: Inclusion of social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 618.805 Renewalof license; continuing education or training. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 618.805 Renewalof license; continuing education or training. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 618.810 Issuanceof license as contractor on basis of status as qualified employee prohibited.

NRS 618.815 Issuanceof license to applicant who holds license issued by another state.

NRS 618.820 Dutiesof person licensed as contractor.

NRS 618.825 Employmentof unlicensed person by licensed contractor prohibited.

NRS 618.830 Inspectionof projects.

NRS 618.833 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 618.835 Disciplinaryaction; owner of building not liable for employment of another contractor afterrevocation of license of original contractor.

NRS 618.840 Noticeof intent to revoke license; summary suspension; hearing.

NRS 618.845 Injunctiverelief.

NRS 618.850 Penaltyfor acting without license.

Operation of Cranes

NRS 618.880 Establishmentof safety plans and procedures; certification of cranes; training andcertification of crane operators. [Effective through December 31, 2006.]

NRS 618.880 Establishmentof safety plans and procedures; certification of cranes; certification ofoperators of tower cranes and mobile cranes; exceptions. [Effective January 1,2007.]

NRS 618.882 Applicationfor certification as crane operator: Statement by applicant regarding childsupport; grounds for denial of certification; duty of Division. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 618.884 Applicationfor certification as crane operator: Inclusion of social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 618.886 Suspensionof certification as crane operator for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of certification. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

Manufacture and Use of Explosives

NRS 618.890 Regulationsestablishing safety plans and procedures; training and testing program foremployees; exception.

NRS 618.892 Applicationfor certification as trainer, production manager, supervisor or other person toprovide training and testing of employees: Statement by applicant regardingchild support; grounds for denial of certification; duty of Division. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 618.896 Suspensionof certification as trainer, production manager, supervisor or other person toprovide training and testing of employees for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of certification.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 618.898 Permitfor construction or alteration of major process used to protect lives, safetyand health of employees: Application; standards for issuance; fee; regulations;exception.

NRS 618.900 Permitfor construction or alteration of major process used to protect lives, safetyand health of employees: Injunctive relief and penalty for failure to obtainpermit.

Photovoltaic System Projects

NRS 618.910 Definitions.[Effective July 1, 2006.]

NRS 618.912 Photovoltaicinstaller defined. [Effective July 1, 2006.]

NRS 618.914 Photovoltaicsystem defined. [Effective July 1, 2006.]

NRS 618.916 Photovoltaicsystem project defined. [Effective July 1, 2006.]

NRS 618.918 Regulationsof Division. [Effective July 1, 2006.]

NRS 618.920 Issuanceof license as photovoltaic installer. [Effective July 1, 2006.]

NRS 618.922 Applicationfor license: Requirements and procedures. [Effective July 1, 2006.]

NRS 618.924 Applicationfor license: Statement by applicant regarding child support; grounds for denialof license; duty of Division. [Effective July 1, 2006, and expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 618.926 Renewalof license; continuing education or training. [Effective July 1, 2006.]

NRS 618.928 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Effective July 1, 2006, and expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 618.930 Disciplinaryaction; owner of building not liable for employment of another photovoltaicinstaller after suspension or revocation of license of original installer.[Effective July 1, 2006.]

NRS 618.932 Noticeof intent to suspend or revoke license; hearing. [Effective July 1, 2006.]

NRS 618.934 Injunctiverelief. [Effective July 1, 2006.]

NRS 618.936 Penaltyfor acting as photovoltaic installer without license or employing orcontracting with person to act as installer without license. [Effective July 1,2006.]

_________

GENERAL PROVISIONS

NRS 618.005 Shorttitle. This chapter may be cited as the NevadaOccupational Safety and Health Act.

(Added to NRS by 1973, 1010)

NRS 618.015 Purposeof chapter.

1. It is the purpose of this chapter to provide safeand healthful working conditions for every employee by:

(a) Establishing regulations;

(b) Effectively enforcing such regulations;

(d) Establishing reporting procedures for job-relatedaccidents and illnesses.

2. The Legislature finds that such safety and healthin employment is a matter greatly affecting the public interest of this State.

(Added to NRS by 1973, 1010)

NRS 618.025 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS618.029 to 618.165, inclusive, havethe meanings ascribed to them in such sections.

(Added to NRS by 1973, 1010)

NRS 618.029 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 1981, 1505; A 1991, 2433)

NRS 618.035 Boarddefined. Board means the Occupational Safetyand Health Review Board.

(Added to NRS by 1973, 1010; A 1977, 1247)

NRS 618.069 Divisiondefined. Division means the Division of IndustrialRelations of the Department of Business and Industry.

(Added to NRS by 1981, 1505; A 1991, 2433; 1993,1879)

NRS 618.075 Emergencyorder defined. Emergency order means arestraining order issued by the Division for full or partial cessation ofoperations where conditions may cause death or serious physical harm.

(Added to NRS by 1973, 1010; A 1993, 1879; 1995, 579)

NRS 618.085 Employeedefined. Employee means every person who isrequired, permitted or directed by any employer to engage in any employment, orto go to work or be at any time in any place of employment, under anyappointment or contract of hire or apprenticeship, express or implied, oral or written,whether lawfully or unlawfully employed.

(Added to NRS by 1973, 1010; A 2003, 1518)

NRS 618.095 Employerdefined. Employer means:

1. The State of Nevada, any state agency, county,city, town, school district or other unit of local government;

2. Any public or quasi-public corporation;

3. Any person, firm, corporation, partnership orassociation; and

4. Any officer or management official having directionor custody of any employment or employee.

(Added to NRS by 1973, 1010; A 1975, 765)

NRS 618.105 Employmentdefined. Employment means any trade, work,business, occupation or process of manufacture, or any method of carrying onsuch trade, work, business, occupation or process of manufacture, including constructionwork, in which any person may be engaged.

(Added to NRS by 1973, 1010; A 1977, 582)

NRS 618.115 Generalorder defined. General order means anyorder which applies generally throughout the State to all employers andemployees, employments or places of employment under the jurisdiction of theDivision. All other orders of the Division are special orders.

(Added to NRS by 1973, 1011; A 1981, 1505; 1993,1880)

NRS 618.125 Nationalstandard defined. National standard meansany standard or modification thereof which:

1. Has been adopted by a nationally recognizedstandards-producing organization under procedures whereby it can be determinedby the Administrator that persons interested and affected by the scope orprovisions of the standard have reached substantial agreement on its adoption.

2. Was formulated in a manner which afforded anopportunity for diverse views to be considered.

3. Has been designated as such a standard by theAdministrator after consultation with other appropriate agencies.

(Added to NRS by 1973, 1011; A 1993, 1880)

NRS 618.135 Orderdefined. Order means any decision, rule,regulation, direction, requirement or standard of the Division or any otherdetermination arrived at or decision made by the Division under the safety andhealth provisions of this chapter.

(Added to NRS by 1973, 1011; A 1975, 766; 1981, 1505)

NRS 618.145 Persondefined. Person includes a public agency.

(Added to NRS by 1973, 1011; A 1975, 766; 1985, 534)

NRS 618.155 Placeof employment defined. Place of employmentmeans any place, whether indoors or out or elsewhere, and the premises appurtenantthereto, where, either temporarily or permanently, any industry, trade, work orbusiness is carried on, including all construction work, and where any personis directly or indirectly employed by another for direct or indirect gain orprofit.

(Added to NRS by 1973, 1011; A 1977, 582)

NRS 618.165 Safetydevice or safeguard defined. Safetydevice or safeguard means any practicable method of mitigating or preventinga specific danger.

(Added to NRS by 1973, 1011)

DIVISION OF INDUSTRIAL RELATIONS

NRS 618.175 Functionof Division. The Division shall supervise andregulate all matters relating to the protection of the safety and health ofemployees in conformity with the provisions of this chapter.

(Added to NRS by 1973, 1011; A 1981, 1506)

NRS 618.185 Divisiondesignated as responsible agency; cooperative agreements with other stateagencies.

1. The Division is primarily responsible foroccupational safety and health in this State.

2. The Division may enter agreements with stateagencies by which these agencies complement each others services and workjointly in matters affecting occupational safety and health of employees.

(Added to NRS by 1973, 1011; A 1981, 1506)

NRS 618.195 Stateagencies and local governments to establish safety and health programs andcomply with standards.

1. Each state agency and local government shallestablish and maintain an effective and comprehensive occupational safety andhealth program consistent with the provisions promulgated under this chapter.

2. The state and local governments shall provide theiremployees with conditions of employment consistent with the objectives of thischapter, and comply with standards developed under NRS 618.295.

(Added to NRS by 1973, 1019; A 1975, 766)

NRS 618.205 Divisionto coordinate activities of state and local agencies. Forthe purpose of carrying out the provisions of this chapter, the Division shallcoordinate to the greatest extent practicable the occupational safety andhealth activities of all state and local agencies and shall advise, consult andcooperate with other agencies of this State, the Federal Government, agenciesof other states, interstate agencies and with affected public and privateorganizations.

(Added to NRS by 1973, 1011; A 1981, 1506)

NRS 618.215 Trainingprograms for Divisions personnel. TheDivision may institute training programs for the purpose of qualifyingpersonnel to carry out the provisions of this chapter and may make suchpersonnel available for participation in any program or programs of any stateagency in furtherance of the purposes of this chapter.

(Added to NRS by 1973, 1018; A 1981, 1506)

NRS 618.235 Divisionto be administered by Department of Business and Industry; review ofAdministrators decisions.

1. The Division must be administered by the Departmentof Business and Industry.

2. A decision on any question arising under theprovisions of this chapter must be the decision of the Administrator, subjectto review by the Department.

(Added to NRS by 1973, 1012; A 1981, 1506; 1985, 866;1993, 1880)

NRS 618.255 Employees:Qualifications; conditions of employment.

1. The Division may employ such qualified employees asin the opinion of the Administrator are necessary to enforce the provisions ofthis chapter.

2. Any safety and health representative employed bythe Division must have practical experience in the field of construction,trade, craft, technical skill, profession or industry in which his services arerequired.

3. The Administrator and other employees of theDivision must not be financially interested in any business interfering with,or inconsistent with, their duties. Except as otherwise provided in NRS 284.143, the Administrator and otheremployees of the Division shall give their entire time to the business of theDivision and shall not pursue any other business or vocation or hold any officeof profit.

4. An employee of the Division shall not serve on anycommittee of any political party.

(Added to NRS by 1973, 1012; A 1975, 766; 1977, 582;1981, 1507; 1985, 443; 1995, 2318)

NRS 618.257 Sectionsfor Enforcement and for Safety and Health Consultation, Education, Informationand Training: Establishment; duties; certain programs and services for smallemployers.

1. The Administrator shall establish:

(a) Within the Division a Section for:

(1) Enforcement; and

(2) Safety and Health Consultation, Education,Information and Training.

(b) Such duties, in addition to the duties described insubsections 2 and 3, as he deems necessary for the Sections establishedpursuant to paragraph (a).

2. If authorized by the Secretary of Labor, theSection for Enforcement shall develop a program for small employers toeliminate or abate hazards to the safety and health of employees. Except asotherwise provided by federal law, if a small employer complies with theprogram for small employers, the Section for Enforcement may reduce anypenalty, fine or interest imposed pursuant to this chapter.

3. The Section for Safety and Health Consultation,Education, Information and Training shall establish:

(a) A toll-free telephone number within this State toprovide advice to a small employer who seeks assistance in complying with therequirements of this chapter; and

(b) A program designed to assist a small employer incomplying with the requirements of this chapter, including, as appropriate, thepreparation and dissemination of pamphlets describing the requirements of thischapter.

(Added to NRS by 1999, 896)

NRS 618.265 Officesof Division.

1. The Division shall maintain its principal office inCarson City, Nevada.

2. The Division shall maintain suboffices at such placesas industrial activity warrants. Suboffices may have complete facilities tosupervise, regulate and enforce the provisions of this chapter.

(Added to NRS by 1973, 1012; A 1981, 1507)

NRS 618.285 Dutiesof Division. The Division shall:

1. Prevent or abate hazards to the safety and healthof employees;

2. Develop a program of eliminating or abatinghazards;

3. Advise and recommend a program of safety and healthapplicable to public and state agencies;

4. Institute legal proceedings to compel compliancewith this chapter or any rules, regulations, standards or orders adopted orissued under this chapter; and

5. Accept, receive and administer grants and otherfunds from any private or public source, including the Federal Government.

(Added to NRS by 1973, 1012; A 1981, 1507)

NRS 618.295 Regulationsand standards; medical examination for exposure to hazard.

1. The Division shall adopt such regulations as arenecessary to provide safe and healthful employment in those employments withinits jurisdiction.

2. The Division shall not propose standards orregulations for products distributed or used in interstate commerce which aredifferent from federal standards for such products unless such standards arerequired by compelling local conditions and do not unduly burden interstatecommerce.

3. The Division may adopt by emergency regulationtemporary emergency standards for the protection of employees who are exposedto grave danger from exposure to substances or agents determined to be toxic orphysically harmful or from new hazards.

4. Standards established under this chapter must applyequally to all places of employment.

5. Standards or regulations must provide forfurnishing prompt information to employees by means of labels or warning signsregarding hazards in the workplace. The information must include the suitableprecautions, the symptoms and emergency treatment in case of exposure tohazards.

6. If an employee has been exposed to a hazard and theDivision considers a medical examination necessary, the cost of the examinationmust be paid by the employer. The results of the examination must be furnishedonly to the Division and, at the request of the employee, to the employeesphysician.

7. Standards or regulations must prescribe the use ofsuitable protective equipment and control methods or procedures to includemonitoring or measuring any exposures. The employees are entitled to beapprised of such monitoring and to obtain the results.

8. All federal occupational safety and healthstandards which the Secretary of Labor promulgates, modifies or revokes, andany amendments thereto, shall be deemed Nevada occupational safety and healthstandards unless the Division, in accordance with federal law, adoptsregulations establishing alternative standards that provide protection equal tothe protection provided by those federal occupational safety and healthstandards.

(Added to NRS by 1973, 1012; A 1975, 766; 1977, 85;1981, 1507; 1995, 1890)

NRS 618.305 Sourcesfor standards. The Division may consider thefollowing sources in adopting standards under this chapter:

1. American National Standards Institute (ANSI).

2. American Society of Mechanical Engineers (ASME).

3. American Society for Testing and Materials (ASTM).

4. Code of Federal Regulations (CFR).

5. National Electrical Code (NEC).

6. National Fire Protection Association (NFPA).

7. Any national consensus standard.

8. Any safety order legally adopted by the Division.

(Added to NRS by 1973, 1013; A 1981, 1508)

NRS 618.315 Authorityof Division over working conditions; limitations; safety orders.

1. The Division has authority over working conditionsin all places of employment except as limited by subsection 2.

2. The authority of the Division does not extend toworking conditions which:

(a) Exist in household domestic service;

(b) Exist in motor vehicles operating on publichighways of this State; or

(c) Are regulated pursuant to the Federal Mine Safetyand Health Act of 1977 (30 U.S.C. 801 et seq.), the Federal SafetyAppliances Act (45 U.S.C. 1 et seq.) or the Federal Railroad Safety Act of1970 (45 U.S.C. 421 et seq.).

3. The Division may:

(a) Declare and prescribe which safety devices,safeguards or other means of protection are well adapted to render employeessafe as required by lawful order, state standards or regulations or federalstandards, as adopted by the Division.

(b) Fix and adopt such reasonable standards andprescribe, modify and enforce such reasonable orders for the adoption,installation, use, maintenance and operation of safety devices, safeguards andother means or methods of protection, which must be as nearly uniform aspracticable, as may be necessary to carry out all laws and lawful ordersrelative to the protection of the lives, safety and health of employees.

(c) Adopt such reasonable standards for theconstruction, repair and maintenance of places of employment as render thoseplaces safe and healthful.

(d) Require the performance of any other act which theprotection of the lives, safety and health in places of employment reasonablydemands.

(e) Provide the method and frequency of makinginvestigations, examinations and inspections.

(f) Prepare, provide and regulate forms of notices,publications and blank forms deemed proper and advisable to carry out the provisionsof this chapter, and to charge to employers the printing costs for thosepublications.

(g) Furnish blank forms upon request.

(h) Provide for adequate notice to each employer oremployee of his right to administrative review of any action or decision of theDivision as set forth in NRS 618.475 and618.605 and to judicial review.

(i) Consult with the Health Division of the Departmentof Health and Human Services with respect to occupational health matters inchapter 617 of NRS.

(j) Appoint and fix the compensation of advisers whoshall assist the Division in establishing standards of safety and health. TheDivision may adopt and incorporate in its general orders such safety and healthrecommendations as it may receive from advisers.

(Added to NRS by 1973, 1015, 1406; A 1975, 525, 767;1977, 86, 582; 1981, 585, 1508; 1991, 2011; 1995, 648)

NRS 618.325 Powersof Administrator and representatives; entry and inspection of places ofemployment.

1. The Administrator and his representatives appointedunder this chapter shall act with full power and authority to carry out andenforce the orders, standards and policies fixed by the Division, and for thepurposes set forth in this chapter may:

(a) Certify to official acts;

(b) Take depositions;

(d) Compel the attendance of witnesses; and

(e) Compel the production of books, papers, records,documents and testimony.

2. Upon presenting appropriate credentials to anyemployer, the Administrator or his representative may:

(a) Enter without delay and at reasonable times anyplace of employment; and

(b) Inspect and investigate during regular workinghours or at other reasonable times and within reasonable limits, that place ofemployment and all pertinent conditions, structures, machines, apparatus,devices, equipment and materials therein, and question privately any employeror an employee.

3. The Division shall not notify the employer of anyrandomly scheduled or customary regulatory inspection to be performed by theDivision.

(Added to NRS by 1973, 1016; A 1975, 768; 1981, 1509;1989, 469)

NRS 618.336 Recordand logbook of complaints received from employees: Maintenance; contents;accessibility; retention.

1. The Division shall maintain a record of all oralcomplaints it receives under this chapter from employees or representatives ofemployees. The record must include a summary of the substance of each suchcomplaint, a listing of any evidence offered to support the complaint, the datethe employer was notified of the complaint and a notation of the action takenby the Division as a result of the complaint. The Division shall submit therecord quarterly to the advisory council of the Division for review andcomment.

2. In addition to the records maintained pursuant tosubsection 1, the Division shall maintain a separate logbook which contains anotation of:

(a) Each oral or written complaint filed by an employeeor a representative of employees alleging the existence of an imminent dangeror a violation of a safety or health standard that threatens physical harm;

(b) The action taken by the Division in response toeach such complaint, including, as the case may be, a notation of the factthat:

(1) A special investigation was not made becausethe complaint was found to be groundless after a preliminary investigation;

(2) A special investigation was made whichresulted in a finding that the complaint was based on reasonable grounds andthe Division took such action as was deemed appropriate; or

(3) A special investigation was made whichresulted in a finding that the complaint was not based on reasonable grounds;

(d) Each inspection performed regarding the employer;and

(e) Each penalty imposed by the Division on an employerand the reason therefor.

3. The Division shall respond to oral or writtenrequests about the information contained in or compiled from the logbook and otherwiseact as necessary to disseminate the information which is required to becompiled pursuant to this section. The logbook maintained pursuant tosubsection 2 must be open to public inspection during the Divisions regularhours of operation.

4. The Division shall retain the records pertaining toits investigations and the records entered in the logbook maintained pursuantto this section for at least 5 years.

(Added to NRS by 1989, 467; A 1993, 1880)

NRS 618.341 Recordsof Division: Public inspection; copying; confidentiality; exception.

1. Except as otherwise provided in this section, thepublic may inspect all records of the Division which contain informationregarding:

(a) An oral or written complaint filed by an employeeor a representative of employees alleging the existence of an imminent dangeror a violation of a safety or health standard that threatens physical harm;

(b) The manner in which the Division acted on any suchcomplaint;

(d) Any penalty imposed by the Division on an employerand the reason therefor.

2. The Division shall, upon oral or written requestand payment of any applicable charges, provide to any person a copy of anyrecord of the Division which is open to public inspection pursuant tosubsection 1. The first six pages reproduced pursuant to each such request mustbe provided without charge. The charge for each additional page copied must notexceed the cost of reproduction.

3. Except as otherwise provided in subsection 4, theDivision shall keep confidential:

(a) The name of any employee who filed any complaintagainst an employer or who made any statement to the Division concerning anemployer; and

(b) Any information which is part of a currentinvestigation by the Division, but the fact that an investigation is beingconducted is public information.

As used inthis subsection, current investigation means any investigation conductedbefore the issuance of a citation or notice of violation or, if no citation ornotice of violation is issued, an investigation which is not closed.

4. The Division shall, upon the receipt of a writtenrequest from a law enforcement agency, disclose otherwise confidentialinformation to that law enforcement agency for the limited purpose of pursuinga criminal investigation.

(Added to NRS by 1989, 468; A 1999, 1856)

NRS 618.345 Programsfor collection, compilation and analysis of statistics.

1. The Division shall develop and maintain aneffective program of collection, compilation and analysis of occupationalsafety and health statistics. This program may, at the discretion of theDivision, cover all employments.

2. To carry out the provisions of subsection 1, theDivision may promote, encourage or directly engage in programs of studies,information and communication concerning occupational safety and healthstatistics.

(Added to NRS by 1973, 1019; A 1975, 769; 1981, 1510;1991, 2012, 2433; 1993, 623, 624, 1881, 2804; 1995, 579)

NRS 618.347 Reportconcerning issuance of certain citations by Division. TheDivision shall submit a written report quarterly to the advisory council of theDivision which lists each citation issued by the Division for a violation of NRS 618.375 during that quarter and thecircumstances for which the citation was issued. Within 5 working days aftersubmission of such a report to the advisory council, the Division shalltransmit the report to the Legislative Counsel for inclusion in the register ofadministrative regulations published pursuant to NRS 233B.0653.

(Added to NRS by 1999, 2408)

NRS 618.350 Dutiesof Division regarding occupational safety and health. TheDivision shall:

1. Develop a program of eliminating or abatinghazards;

2. Advise and recommend a program of occupationalsafety and health applicable to public and state agencies; and

3. Provide for safety inspections and furnish advisoryservices to employers on measures to promote industrial safety and health.

(Added to NRS by 1991, 2432; A 1993, 1881)

NRS 618.353 Dutiesof Division regarding training and education of employers and employees.

1. The Division, after consultation with cooperatingstate agencies, shall:

(a) Conduct directly or by grants or contracts:

(1) Educational programs to provide an adequatesupply of qualified personnel to carry out the purposes of this chapter.

(2) Informational programs on the importance ofand proper use of adequate safety and health equipment in the workplace.

(b) Provide for the establishment and supervision ofprograms for the education and training of employers and employees in therecognition, avoidance and prevention of unsafe or unhealthful workingconditions in employments covered by this chapter.

(c) Consult with and advise employers and employees andorganizations representing employers and employees as to effective means ofpreventing occupational injuries and diseases. Consultative services must notdetract from the enforcement efforts.

2. The Division shall request competitive bids for thedevelopment of educational and informational programs required by this section.

3. The Division shall allocate the money necessary tocarry out the educational and informational programs required by this section.

(Added to NRS by 1973, 1018; A 1981, 1506; 1991,2433; 1993, 1881)

SCOPE AND OPERATION

NRS 618.365 Scopeof chapter; limited disclosure of information of Division; protection of tradesecrets.

1. This chapter does not supersede or in any manneraffect the Nevada Industrial Insurance Act or the Nevada Occupational DiseasesAct or enlarge, diminish or affect in any other manner the common-law orstatutory rights, duties or liabilities of employers and employees under thelaws of this State with respect to injuries, occupational or other, diseases ordeath of employees arising out of or in the course of employment.

2. Statements, reports and information obtained orreceived by the Division in connection with an investigation under, or theadministration or enforcement of, the provisions of this chapter must not beadmitted as evidence in any civil action other than an action for enforcement,variance hearing or review under this chapter.

3. Any report of investigation or inspection or anyinformation concerning trade secrets or secret industrial processes obtainedunder this chapter must not be disclosed or open to public inspection, except:

(a) As such information may be disclosed to otherofficers or employees concerned with carrying out this chapter;

(b) When relevant in any court proceeding under thischapter; or

4. The Division, the courts, and where applicable, thereview board may issue such orders as may be appropriate to protect theconfidentiality of trade secrets.

(Added to NRS by 1973, 1021; A 1975, 769; 1981, 1510;1989, 469; 1999, 1856)

NRS 618.370 Accessby employees, former employees and their representatives to records ofemployers; charge for copies.

1. Employees, former employees and representatives ofemployees or former employees are entitled to access to any records in thepossession of their employers or former employers which indicate their exposureto toxic materials or harmful physical agents. Employers and former employersshall, upon request, provide copies of the records to the employees, formeremployees or representatives within 72 hours after receipt of the request.

2. If a copy of a record is provided pursuant to thissection, the first six pages reproduced pursuant to the request must beprovided without charge. The charge for each additional page copied must notexceed the cost of reproduction.

3. For the purposes of this section, representativeof an employee or former employee means:

(a) A person previously identified to the Division asan authorized representative of the employee bargaining unit of a labororganization which has a collective bargaining relationship with the employerand represents the affected employees.

(b) An attorney acting for an affected employee orformer employee.

(d) Any person designated by a court to act as theofficial representative for the estate of an affected employee or formeremployee.

(Added to NRS by 1975, 775; A 1981, 1511; 1989, 469)

NRS 618.375 Dutiesof employers. Every employer shall:

1. Furnish employment and a place of employment whichare free from recognized hazards that are causing or are likely to cause deathor serious physical harm to his employees.

2. Furnish and use such safety devices and safeguards,and adopt and use such practices, means, methods, operations and processes asare reasonably adequate to render such employment and places of employment safeand comply with all orders issued by the Division.

3. Post prominently in the working place all postersand information provided by the Division informing employees of their rightsand obligations pursuant this chapter.

4. Assign at least one person to be in charge ofoccupational safety and health.

5. Do every other thing reasonably necessary toprotect the lives, safety and health of employees.

(Added to NRS by 1973, 1018; A 1975, 770; 1981, 1511;1991, 2434; 1993, 1882)

NRS 618.376 Employerto provide employee with rights and responsibilities to promote safety inworkplace; regulations.

1. Every employer shall, upon hiring an employee,provide the employee with a document or videotape setting forth the rights andresponsibilities of employers and employees to promote safety in the workplace.The document, or evidence of receipt of the videotape, must be signed by theemployer and employee and placed in the employees personnel file. The documentor videotape shall not be deemed to be a part of any employment contract.

2. The Division shall adopt regulations specifying thecontents of such a document or videotape and establishing requirements formaking the document or videotape available in different languages.

(Added to NRS by 1991, 2432; A 1993, 1882; 1999, 863)

NRS 618.378 Employerrequired to report fatal accident or accident requiring hospitalization ofemployees; investigation of accident by Division; insurer to report claimed orreported injuries and diseases; compliance with federal recordkeeping andreporting requirements; variances to those requirements.

1. Any accident occurring in the course of employmentwhich is fatal to one or more employees or which results in the hospitalizationof three or more employees must be reported by the employer orally to thenearest office of the Division within 8 hours after the time that the accidentis reported to any agent or employee of the employer. A report submitted to theDivision pursuant to the provisions of this subsection must include:

(a) The name of the employer;

(b) The location and time of the accident;

(d) A brief description of the accident; and

(e) The name of a person who may be contacted by theDivision for further information.

Upon receiptof such a report, the Division shall notify the employer of the estimated timethat the Divisions investigator will arrive at the site of the accident. TheDivision shall initiate an investigation at the site of the accident within 8hours after receiving the report.

2. An industrial insurer shall provide to the Divisiona monthly report setting forth the number, type and severity of industrialinjuries and occupational diseases reported or claimed by employees in thepreceding month. The report must identify the employer and be sorted accordingto the employers Standard Industrial Classification or his classification forthe purposes of industrial insurance. The Division shall by regulationprescribe the form for the report made pursuant to this subsection. As used in thissubsection, industrial insurer has the meaning ascribed to the term insurerin NRS 616A.270.

3. All employers shall maintain accurate records andmake reports to the United States Assistant Secretary of Labor in the samemanner and to the same extent as if this chapter were not in effect.

4. The Division shall make such reasonable reports tothe Assistant Secretary of Labor in such form and containing such informationas he may from time to time require.

5. Requests for variances to federal recordkeeping andreporting regulations must be submitted to and obtained from the Bureau ofLabor Statistics, United States Department of Labor. All variances granted bythe Bureau of Labor Statistics must be respected by the Division.

(Added to NRS by 1991, 2432; A 1993, 2805; 1995, 74)

1. Except as otherwise provided in subsection 2, ifany accident occurring in the course of employment is fatal to one or moreemployees or results in the hospitalization of three or more employees, and iscaused, in whole or in part, by any equipment located at the site of theaccident, no person may dismantle or otherwise move that equipment until thedivision has investigated the accident and has authorized the dismantling orremoval of the equipment.

2. The provisions of subsection 1 do not apply if thedismantling or removal of the equipment is necessary to free any person trappedby the equipment or to ensure the safety of or to prevent further injury to anyperson. If any equipment is dismantled or moved to free a trapped person, theequipment may be dismantled or moved only to the extent necessary to free theperson.

3. Upon the occurrence of an accident described insubsection 1, the employer of an injured employee shall, upon the arrival of aninvestigator of the Division at the site of the accident, make available forquestioning in a reasonable amount of time any person employed by the employerwho is determined by the investigator to be necessary for the completion of theinvestigation, including the immediate supervisor of any injured employee andany employee who witnessed the accident.

4. As used in this section, accident occurring in thecourse of employment does not include:

(a) An accident involving a motor vehicle that is beingoperated on a public highway in this State.

(b) A homicide committed at an employers place ofbusiness.

(Added to NRS by 1995, 73)

NRS 618.380 Employeeto be notified of harmful exposure and corrective action. Each employer shall promptly notify any employee who hasbeen or is being exposed to toxic materials or harmful physical agents inconcentrations or at levels which exceed those prescribed by an applicableoccupational safety and health standard adopted under this chapter, and shallinform such employee of any action being taken to correct the condition.

(Added to NRS by 1975, 775)

NRS 618.383 Establishmentof safety program: Duties of certain employers; requirements of program;training for temporary employees; regulations; exemption.

1. Except as otherwise provided in subsections 8 and9, an employer shall establish a written safety program and carry out therequirements of the program within 90 days after it is established.

2. The written safety program must include:

(a) The establishment of a training program foremployees concerning safety in the workplace, particularly in those areas wherethere have been recurring injuries or where explosives are manufactured.

(b) If an employer has more than 25 employees, or if anemployers employees are engaged in the manufacture of explosives, theestablishment of a safety committee. The safety committee must includerepresentatives of employees. If the employees are represented by a labororganization, the representatives of employees must be selected by theemployees and not appointed by the employer.

3. A representative of employees while engaging in thebusiness of a safety committee, including attendance at meetings, authorizedinspections or any other activity of the committee, must be paid by hisemployer as if that employee were engaged in his usual work activities.

4. The written safety program and all trainingprograms required pursuant to this section must be conducted and made availablein a language and format that is understandable to each employee.

5. The Administrator of the Division shall adoptregulations establishing the minimum requirements for a written safety program.

6. The Administrator of the Division shall develop andprovide each employer with a written guide for establishing a written safetyprogram.

7. An employer who contracts with a temporaryemployment service shall provide specialized training concerning safety for theemployees of the service before they begin work at each site or as soon aspossible thereafter.

8. An employer who has 10 or fewer employees isexempted from the provisions of this section unless the employer has employeesengaged in the manufacture of explosives.

9. For the purposes of this section, an employer inthe mining industry shall not be deemed to be a manufacturer of explosives.

10. Except as otherwise provided in subsection 11, asused in this section, explosives means gunpowders, powders used for blasting,all forms of high explosives, blasting materials, fuses other than electriccircuit breakers, detonators and other detonating agents, smokeless powders,other explosive or incendiary devices and any chemical compound, mechanicalmixture or device that contains any oxidizing and combustible units, or otheringredients, in such proportions, quantities or packing that ignition by fire,friction, concussion, percussion or detonation of the compound, mixture ordevice or any part thereof may cause an explosion.

11. For the purposes of this section, an explosivedoes not include:

(a) Ammunition for small arms, or any componentthereof;

(b) Black powder commercially manufactured inquantities that do not exceed 50 pounds, percussion caps, safety andpyrotechnic fuses, quills, quick and slow matches, and friction primers thatare intended to be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term isdefined in 18 U.S.C. 921(a)(16), as that section existed on January 1, 1999;or

(2) In an antique device which is exempted fromthe definition of destructive device pursuant to 18 U.S.C. 921(a)(4), asthat section existed on January 1, 1999; or

(c) Any explosive that is manufactured under theregulation of a military department of the United States, or that isdistributed to, or possessed or stored by, the military or naval service or anyother agency of the United States, or an arsenal, a navy yard, a depot or anyother establishment owned by or operated on behalf of the United States.

(Added to NRS by 1991, 2393; A 1993, 772, 1882; 1995,579, 2037, 2038; 1999,863, 865)

NRS 618.384 Establishmentof safety program: Employers encouraged to employ persons who have completedcertain training in basic emergency care of persons in cardiac arrest. The Administrator shall encourage all employers who arerequired to establish a written safety program pursuant to NRS 618.383 to include as a part of thatprogram the employment of a person who has successfully completed the trainingrequirements of a course in basic emergency care of a person in cardiac arrestthat:

1. Included training in the operation and use of anautomated external defibrillator; and

2. Was conducted in accordance with the standards ofthe American Heart Association or the American National Red Cross.

(Added to NRS by 1997, 1790; A 1999, 938)

NRS 618.385 Employersnot to maintain unsafe or unhealthy places of employment. An employer shall not:

1. Require, permit or suffer any employee to go or bein any employment or place of employment which is not safe and healthful.

2. Fail to furnish, provide and use safety devices andsafeguards or fail to adopt and use methods and processes reasonably adequateto render such employment and place of employment safe and healthful.

3. Fail or neglect to do every other thing reasonablynecessary to protect the life, safety and health of such employees.

4. Maintain any place of employment that is not safeand healthful.

(Added to NRS by 1973, 1018; A 1975, 770)

NRS 618.395 Constructionand maintenance of unsafe or unhealthy place of employment prohibited. An employer, owner or lessee of any real property in thisState shall not construct, cause to be constructed or maintained any place of employmentthat is not safe and healthful.

(Added to NRS by 1973, 1018; A 1975, 770)

NRS 618.405 Removalof or interference with safety devices or safeguards by employee prohibited.

1. An employee shall not remove, displace, damage,destroy or carry off any safety device or safeguard furnished and provided foruse in any employment or place of employment, or interfere in any way with theuse thereof by any other person.

2. An employee shall not interfere with the use of anymethod or process adopted for the protection of any employee, includinghimself, in such employment or place of employment.

3. Each employee shall comply with occupational safetyand health standards and all rules, which are applicable to his own actions andconduct.

(Added to NRS by 1973, 1018)

NRS 618.415 Permanentvariances from standards. Any affected employermay apply to the Administrator for a rule or order for a permanent variancefrom a standard adopted under this chapter. Affected employees must be givennotice of each application and an opportunity to participate in a hearing. TheAdministrator shall issue the rule or order if he determines on the record,after opportunity for an inspection where appropriate and a hearing, that theproponent of the permanent variance has demonstrated by a preponderance of theevidence that the conditions, practices, means, methods, operations orprocesses used or proposed to be used by an employer will provide employmentand places of employment to his employees which are as safe and healthful asthose which would prevail if he complied with the standard. The rule or ordermust prescribe the conditions the employer must maintain, the practices, means,methods, operations or processes which he must adopt and utilize to the extentthey differ from the standard in question. Such a rule or order may be modifiedor revoked upon application by an employer, employees or by the Administratoron his own motion, in the manner prescribed for its issuance under thissubsection at any time after 6 months after its issuance.

(Added to NRS by 1973, 1013; A 1977, 584; 1981, 586;1993, 1883)

NRS 618.417 Variancefrom standard: Participation in experiments to safeguard health or safety. The Administrator may grant a variance from any standardor portion thereof whenever he determines that a variance is necessary topermit an employer to participate in an experiment designed to demonstrate orvalidate new and improved techniques to safeguard the health or safety ofworkers.

(Added to NRS by 1977, 584; A 1993, 1884)

NRS 618.419 Variancefrom standard: Application for temporary order; notice and hearing.

1. Any employer may apply to the Administrator for atemporary order granting a variance from a standard which has been adoptedpursuant to this chapter but has not become effective. The temporary order maybe granted only if the employer files an application which meets therequirements of subsection 2 and, after notice to the affected employees and anopportunity for a hearing, establishes that:

(a) He will not be able to comply with the standard byits effective date because of the unavailability of necessary professional ortechnical personnel or materials and equipment or because necessaryconstruction or alteration of facilities cannot be completed by that date;

(b) He is taking all available steps to safeguard hisemployees against the hazards covered by the standard; and

2. The application for such a temporary order mustcontain:

(a) A specification of the standard or portion thereoffrom which the employer seeks a variance;

(b) A representation by the employer, supported byrepresentations from qualified persons having firsthand knowledge of the factsrepresented, that he is unable to comply with the standard or portion thereofand a detailed statement of the reasons therefor;

(c) A statement of the steps he has taken and willtake, with specific dates, to protect employees against the hazard covered bythe standard;

(d) A statement of when he expects to be able to complywith the standard and what steps he has taken and what steps he will take, withdates specified, to come into compliance with the standard; and

(e) A certification that he has informed his employeesof the application by giving a copy thereof to their authorized representative,posting a statement giving a summary of the application and specifying where acopy may be examined at the place or places where notices to employees are normallyposted, and by other appropriate means. A description of how employees havebeen informed must be contained in the certification. The information toemployees must also inform them of their right to petition to the Administratorfor a hearing.

(Added to NRS by 1977, 585; A 1993, 1884)

NRS 618.421 Variancefrom standard: Contents; period of effectiveness and renewal of temporaryorder; interim order.

1. Every temporary order granting a variance from astandard which has not become effective must prescribe:

(a) The practices, means, methods, operations andprocesses which the employer must adopt and use while the order is in effect;and

(b) The program to be carried out by the employer toachieve compliance with the standard.

2. Such a temporary order is effective for the periodneeded by the employer to achieve compliance with the standard or 1 year,whichever period is shorter. The temporary order may be renewed, but not morethan twice, if:

(a) The requirements of subsection 1 of NRS 618.419 are met; and

(b) An application for renewal is filed at least 90days before the expiration date of the order.

Each renewalmay remain in effect no longer than 180 days.

3. The Administrator may issue one interim order to beeffective until a decision is made on the basis of the hearing.

(Added to NRS by 1977, 585; A 1993, 1884)

NRS 618.425 Requestfor investigation; confidentiality; investigation by Division.

1. Any employee, representative of employees, providerof health care or governmental officer or employee whose primary duty is toensure public safety, including a building inspector, building official orother similar authority, believing that a violation of a safety or healthstandard exists that threatens physical harm, or that an imminent dangerexists, may request an investigation by giving notice, orally or in writing, tothe Administrator or his representative of the violation or danger.

2. The person giving the notice must state withreasonable particularity the grounds for the notice. The name of any employeegiving a complaint notice or names of employees mentioned in the complaint mustbe held confidential. If the complaint is given orally, the Division shall sendto the complainant a form upon which he may supplement his oral complaint. Hisfailure to return the form does not affect the Divisions duty to act pursuantto this section.

3. If upon receipt of the notification the Divisiondetermines that there are reasonable grounds to believe that a violation orimminent danger exists, it shall make a special investigation within 14 daysunless there is a substantial probability that death or serious physical harmcould result from the violation or danger, then the investigation must be madeimmediately after the Administrator receives the notice to determine whether aviolation or imminent danger exists. The Division need not investigate acomplaint within the times required by this subsection if, from the factsstated in the complaint, the Administrator determines that the complaint isintended solely to harass the employer. If the Division determines that thereare no reasonable grounds to believe that a violation or imminent danger exists,it shall notify the employees or other person who gave the notice of suchdetermination within 14 days after the Administrator receives the notice.

(Added to NRS by 1973, 1017; A 1975, 770; 1981, 1511;1989, 470; 2001, 1252)

NRS 618.435 Complaintof violation before or during inspection of workplace; review of refusal toissue citation; accompaniment of Divisions representative during inspection.

1. Before or during any inspection of a workplace, anyemployee, representative of employees, provider of health care or governmentalofficer or employee whose primary duty is to ensure public safety, including abuilding inspector, building official or other similar authority, may notifythe Administrator or any representative of the Administrator responsible forconducting the inspection, orally or in writing, of any violation of thischapter which they have reason to believe exists in the workplace. The Divisionshall by regulation establish procedures for informal review of any refusal bya representative of the Administrator to issue a citation with respect to anysuch alleged violation and shall furnish the employees or other personsrequesting the review a written statement of the reasons for theAdministrators final disposition of the case within 14 days after theAdministrator receives the notice.

2. An opportunity must be afforded to a representativeof the employer and an authorized representative of the employees to accompanythe representative of the Division during the physical inspection of the placeof employment or, where there is no authorized representative of the employees,consultation must be had with a reasonable number of employees, but no morethan one employee may accompany the Divisions representative during theinspection.

3. Any employee of the employer who accompanies therepresentative of the Division during the inspection pursuant to subsection 2is entitled to be paid by the employer at his regular rate of pay for the timespent with the representative of the Division inspecting the place ofemployment if he would have otherwise been compensated for working during thattime.

4. For the purposes of this section, representativeof an employee means a person previously identified to the Division as anauthorized representative of the employee bargaining unit of a labororganization which has a collective bargaining relationship with the employerand represents the affected employees.

(Added to NRS by 1973, 1017; A 1975, 771; 1981, 1512;1989, 471; 2001, 1252)

NRS 618.445 Employeeprotected from discharge or discrimination; procedure for reinstatement.

1. A person shall not discharge or in any mannerdiscriminate against any employee because the employee has filed any complaintor instituted or caused to be instituted any proceeding under or related tothis chapter or has testified or is about to testify in any such proceeding orbecause of the exercise by the employee on behalf of himself or others of anyright afforded by this chapter.

2. Any employee aggrieved by a violation of subsection1 may file a complaint for the relief afforded under subsection 3, after firstnotifying his employer and the Division of his intention to file the complaint.Any complaint must be filed with the Division within 30 days after theviolation has occurred and must set forth in writing the facts constituting theviolation.

3. Upon receipt of the complaint by the Division, theAdministrator shall cause such investigation to be made as he deemsappropriate. If upon investigation, the Administrator determines that theprovisions of subsection 1 have been violated, he shall bring an action in thename of the Administrator in any appropriate district court against the personwho has committed the violation.

4. If the court finds that the employee was dischargedor discriminated against in violation of subsection 1, the employee is entitledto reinstatement and reimbursement for lost wages and work benefits.

5. Any decision reached by the Administrator relatingto the filing of an action pursuant to this section must be made available tothe complaining employee within 90 days after the Divisions receipt of thecomplaint.

(Added to NRS by 1973, 1024; A 1975, 771; 1981, 1512;1991, 2434)

NRS 618.455 Advancenotice of inspection prohibited; exception. Itis unlawful for anyone to give advance notice of an inspection except as authorizedby the Administrator.

(Added to NRS by 1973, 1018; A 1993, 1885)

ENFORCEMENT

NRS 618.465 Issuanceof citations.

1. If, upon inspection or investigation, theAdministrator or his authorized representative believes that an employer hasviolated a requirement of this chapter, or any standard, rule or order adoptedor issued pursuant to this chapter, the Division shall with reasonablepromptness issue a citation to the employer. Each citation must be in writingand describe with particularity the nature of the violation, including areference to the section of this chapter or the provision of the standard,rule, regulation or order alleged to have been violated. In addition thecitation must fix a reasonable time for the abatement of the violation. TheAdministrator may prescribe procedures for the issuance of a notice in lieu ofa citation with respect to:

(a) Minor violations which have no direct or immediaterelationship to safety or health; and

(b) Violations which are not serious and which theemployer agrees to correct within a reasonable time.

2. Each citation issued under this section, or a copyor copies thereof, must be prominently posted as prescribed in regulationsadopted by the Administrator at or near each place a violation referred to inthe citation occurred.

3. No citation may be issued under this section after6 months following the occurrence of any violation.

(Added to NRS by 1973, 1017; A 1975, 771; 1981, 587,1513)

NRS 618.475 Citations:Notification of employer; employees appeal of required abatement; notreviewable if uncontested.

1. If, after an inspection or investigation, theDivision issues a citation under the provisions of this chapter, it shall,within a reasonable time after the termination of the inspection orinvestigation, notify the employer by certified mail of the penalty, if any,proposed to be assessed under this chapter and that the employer has 15 workingdays within which to notify the Division that he wishes to contest the citationor proposed assessment of penalty. If, within 15 working days from the receiptof the notice issued by the Division, the employer fails to notify the Divisionthat he intends to contest the citation or proposed assessment of penalty, andno notice is filed by any employee or representative of employees under thischapter within such time, the citation and assessment as proposed shall bedeemed a final order of the review board and not subject to review by any courtor agency. Upon a showing by an employer of a good faith effort to comply withthe abatement requirements of a citation, and that the abatement has not beencompleted because of factors beyond his reasonable control, the Division shallissue an order affirming or modifying the abatement requirements in the citation.

2. Any employee or his representative alleging thatthe time fixed in the citation for the abatement of a violation by his employeris unreasonable may, within 15 working days after the date of posting of thenotice of abatement pursuant to this chapter, file an appeal with the Divisionto contest the reasonableness of the period of time for abatement of theviolation and must be notified in writing as to the time and place of hearingbefore the review board.

3. If no appeal is filed by an employee or hisrepresentative under subsection 2 of this section within the time limit of 15working days, the period of time fixed for the abatement of the violation isfinal and not subject to review by any court or the review board.

(Added to NRS by 1973, 1019; A 1975, 772; 1981, 1513)

NRS 618.495 Depositionof witnesses. In an investigation the Divisionmay cause depositions of witnesses residing within or without the State to betaken in the manner prescribed by law and Nevada Rules of Civil Procedure fortaking depositions in civil actions in courts of record.

(Added to NRS by 1973, 1022; A 1981, 1514)

NRS 618.505 Compensationof witnesses.

1. Each witness who appears in obedience to a subpoenabefore the Division or its representative is entitled to receive for hisattendance the fees and mileage provided for witnesses in civil cases in courtsof record.

2. Claims for witnesses fees must be audited and paidby the Division.

3. No witness subpoenaed at the instance of a partyother than the Division is entitled to compensation from the Division unlessthe Division certifies that his testimony was material to the matterinvestigated.

(Added to NRS by 1973, 1022; A 1981, 1514; 1993,1885)

NRS 618.515 Enforcementof orders and subpoenas of Division. If anyperson disobeys an order of the Division, a subpoena issued by it or one of itsrepresentatives, refuses to permit an inspection or refuses to testify as awitness to any matter regarding which he may be lawfully interrogated, then thedistrict judge of the county in which the person resides, on application of theAdministrator or his representative, shall compel obedience by attachmentproceedings as for contempt, as in the case of disobedience of the requirementsof subpoenas issued from the court on a refusal to testify therein.

(Added to NRS by 1973, 1022; A 1981, 1514)

NRS 618.525 Divisionmay prosecute and defend actions.

1. The Division may prosecute, defend and maintainactions in the name of the Division for the enforcement of the provisions ofthis chapter and is entitled to all extraordinary writs provided by theConstitution of the State of Nevada, the statutes of this State and the NevadaRules of Civil Procedure in connection therewith for the enforcement thereof.

2. Verification of any pleading, affidavit or otherpaper required may be made by the Division.

3. In any action or proceeding or in the prosecutionof any appeal by the Division, no bond or undertaking may be required to befurnished by the Division.

(Added to NRS by 1973, 1021; A 1981, 1514; 1993,1885)

NRS 618.535 Admissibilityof Divisions orders, rules, regulations, findings and decisions. Every order of the Division, general or special, and itsrules, regulations, findings and decisions, made and entered under theprovisions of this chapter, are admissible as evidence in any prosecution forthe violation of any of the provisions, and must, in every such prosecution, bepresumed to be reasonable and lawful and to fix a reasonable and properstandard and requirement for safety and health unless, before the institutionof the prosecution, proceedings for a rehearing thereon or a review thereofhave been instituted and not finally determined.

(Added to NRS by 1973, 1022; A 1975, 773; 1981, 1514;1987, 312)

NRS 618.545 Emergencyorders of Administrator; injunctive relief.

1. The Administrator may issue an emergency order torestrain any conditions or practices in any place of employment which are suchthat a danger exists which could reasonably be expected to cause death orserious physical harm immediately or before the imminence of the danger can beeliminated through the other enforcement procedures provided by this chapter.Any order issued under this section may require such steps to be taken as maybe necessary to avoid, correct or remove the imminent danger and prohibit theemployment or presence of any person in locations or under conditions where theimminent danger exists, except persons whose presence is necessary to avoid,correct or remove the imminent danger or to maintain the capacity of acontinuous process operation to resume normal operations without a complete cessationof operations or, where a cessation of operations is necessary, to permit it tobe accomplished in a safe and orderly manner.

2. An order issued pursuant to subsection 1 becomeseffective upon delivery to the employer or other person in charge of the placeof employment where the danger exists. If, within 15 days after the effectivedate of the order, the employer fails to notify the Division that he wishes tocontest the order, the order shall be deemed a final order and is not subjectto review by any court or agency. If the employer contests the order within 15days after the effective date of the order and the Division does not rescind ormodify the order as requested, the employer may petition the court for relief.Upon the filing of such a petition, the district court may grant injunctiverelief or a temporary restraining order pending the outcome of an enforcementproceeding pursuant to this chapter.

3. Whenever and as soon as a representative of theDivision concludes that conditions or practices described in subsection 1 existin any place of employment, he shall inform the affected employees andemployers of the danger and that he is recommending to the Administrator thatan emergency order be issued.

(Added to NRS by 1973, 1014; A 1975, 773; 1981, 1515;1989, 471)

NRS 618.555 Mandamusto compel Administrator to issue emergency order. Ifthe Administrator arbitrarily or capriciously fails to issue an emergency orderpursuant to NRS 618.545, any employeewho may be injured by reason of such failure, or the representative of suchemployees may bring an action against the Administrator in the district courtfor the district in which the imminent danger is alleged to exist or theemployer has its principal office, for a writ of mandamus to compel theAdministrator to issue such an order and for such further relief as may beappropriate.

(Added to NRS by 1973, 1015; A 1975, 773; 1981, 1538;1989, 472)

OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD

NRS 618.565 Creation;number, appointment, qualifications and terms of members.

1. The Occupational Safety and Health Review Board,consisting of five members appointed by the Governor, is hereby created underthe Division.

2. The Governor shall appoint:

(a) Two members who are representatives of management.

(b) Two members who are representatives of labor.

(d) One person to serve as an alternate for therepresentative of the general public when that member is unable to attend ameeting of the Board.

At least oneof the members appointed pursuant to paragraph (a) or (b) must be knowledgeableregarding occupational safety or health.

3. After the initial terms, members shall serve termsof 4 years. No member may serve more than two terms.

4. No person employed by the Division may serve as amember of the Board.

(Added to NRS by 1973, 1020; A 1977, 1247; 1981, 69,1515; 1993, 1885; 1995, 335)

NRS 618.575 Officers. The members of the Board shall annually select a Chairmanand Secretary from among themselves.

(Added to NRS by 1973, 1020; A 1975, 773)

NRS 618.585 Duties;legal counsel; quorum; decisions; records; duties, rights and responsibilitiesof alternate.

1. The Board shall:

(a) Meet as often as necessary to hold review hearings,as provided in NRS 618.605, at suchtimes and places as the Chairman may determine;

(b) Enact rules and regulations governing the conductof review hearings; and

2. The Board may employ legal counsel to advise itconcerning matters which come before it.

3. A quorum of the Board must be present in order forthe conduct of review hearings or other business.

4. A quorum consists of at least three members of theBoard, at least one of whom must represent labor and one of whom must representmanagement.

5. All decisions of the Board must be determined by amajority decision.

6. A complete record of every review hearing must bemade.

7. If the alternate for the regular member representingthe general public attends a meeting of the Board in the place of the regularmember, the alternate fully assumes the duties, rights and responsibilities forthe duration of that meeting and is entitled to the compensation, allowancesand expenses otherwise payable for members who attend that meeting.

(Added to NRS by 1973, 1021; A 1975, 774; 1981, 588,1515; 1993, 1885; 1995, 335)

NRS 618.595 Compensationof members and employees.

1. Each member of the Board is entitled to receive asalary of not more than $80, as fixed by the Board, for each day or portionthereof for attendance at meetings of the Board.

2. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

(Added to NRS by 1973, 1021; A 1975, 302, 774; 1981,1990; 1985, 444; 1989, 1722)

NRS 618.605 Administrativereview: Notice; hearing; participation of employees.

1. Upon the receipt of any written appeal or notice ofcontest under NRS 618.475, the Divisionshall within 15 working days notify the Board of such an appeal or contest.

2. The Board shall hold a formal fact-finding hearingand render its decision based on the evidence presented at the hearing.

3. Any employee of an employer or representative ofthe employee may participate in and give evidence at the hearing, subject torules and regulations of the Board governing the conduct of such hearings.

(Added to NRS by 1973, 1020; A 1975, 774; 1981, 1516)

UNLAWFUL ACTS; PENALTIES

NRS 618.625 Assessment,payment and recovery of administrative fines; serious violation defined.

1. The Division may assess administrative finesprovided for in this chapter, giving due consideration to the appropriatenessof the penalty with respect to the size of the employer, the gravity of theviolation, the good faith of the employer and the history of previousviolations.

2. For purposes of this chapter, a serious violationexists in a place of employment if there is a substantial probability thatdeath or serious physical harm could result from a condition which exists, orfrom one or more practices, means, methods, operations or processes which havebeen adopted or are in use in that place of employment unless the employer didnot and could not, with the exercise of reasonable diligence, know of thepresence of the violation.

3. Administrative fines owed under this chapter mustbe paid to the Division. The fines may be recovered in a civil action in thename of the Division brought in a court of competent jurisdiction in the countywhere the violation is alleged to have occurred or where the employer has hisprincipal office.

(Added to NRS by 1973, 1022; A 1975, 774; 1981, 588,1516)

NRS 618.635 Willfulor repeated violations. Any employer whowillfully or repeatedly violates any requirements of this chapter, anystandard, rule, regulation or order promulgated or prescribed pursuant to thischapter, may be assessed an administrative fine of not more than $70,000 foreach violation, but not less than $5,000 for each willful violation.

(Added to NRS by 1973, 1022; A 1991, 2013)

NRS 618.645 Seriousand nonserious violations. Any employer whohas received a citation for a serious violation of any requirement of thischapter, or any standard, rule, regulation or order promulgated or prescribedpursuant to this chapter, must be assessed an administrative fine of not morethan $7,000 for each such violation. If a violation is specifically determinedto be of a nonserious nature an administrative fine of not more than $7,000 maybe assessed.

(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013)

NRS 618.655 Failureto correct violations. Any employer who failsto correct a violation for which a citation has been issued under this chapterwithin the period permitted for its correction may be assessed anadministrative fine of not more than $7,000 for each day during which thefailure or violation continues. If a review proceeding is initiated by theemployer in good faith and not solely to delay or avoid any penalties, theperiod permitted to correct a violation does not begin until the date of the finalorder of the Division.

(Added to NRS by 1973, 1023; A 1981, 1516; 1989, 466;1991, 2013)

NRS 618.665 Refusalto submit records for inspection. Any employerwho willfully refuses to submit his records for inspection, as provided by NRS 618.325, to the Administrator or hisrepresentative must be assessed an administrative fine of $200 for eachoffense.

(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 466)

NRS 618.675 Failureto post and maintain notices and records.

1. An employer who fails to post the notice andrecords as required under the provisions of this chapter must be assessed anadministrative fine of not more than $7,000 for each violation.

2. An employer who fails to maintain the notice ornotices and records required by this chapter must be assessed an administrativefine of not more than $7,000 for each violation.

(Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013)

NRS 618.685 Violationcausing death of employee. Any employer whowillfully violates any requirement of this chapter, or any standard, rule, regulationor order promulgated or prescribed pursuant to this chapter, where theviolation causes the death of any employee, shall be punished:

1. For a first offense, by a fine of not more than$50,000 or by imprisonment in the county jail for not more than 6 months, or byboth fine and imprisonment.

2. For a second or subsequent offense, by a fine ofnot more than $100,000 or by imprisonment in the county jail for not more than1 year, or by both fine and imprisonment.

(Added to NRS by 1973, 1023; A 1989, 466; 2003, 986)

NRS 618.695 Unauthorizedadvance notice of inspection.

1. Any person who gives advance notice of anyinspection of a workplace to be conducted under this chapter, without authorityfrom the Administrator shall be punished by a fine of not more than $2,000 orby imprisonment in the county jail for not more than 6 months, or by both fineand imprisonment.

2. This section does not prohibit any employer fromrequesting consultative services at the workplace.

(Added to NRS by 1973, 1023; A 1981, 1538; 1989, 467)

NRS 618.705 Falsestatements, complaints or entries; concealment of information. Any person who:

1. Knowingly makes a false statement or representationof a material fact;

2. Knowingly files a false oral or written complaintalleging that a violation of a safety or health standard exists that threatensphysical harm, or that an imminent danger exists;

3. Knowingly fails to disclose a material fact in anydocument, report or other information; or

4. Willfully makes a false entry in, or willfullyconceals, withholds or destroys any books, records or statements required underthe provisions of this chapter,

shall bepunished by a fine of not more than $20,000 or by imprisonment in the countyjail for not more than 6 months, or by both fine and imprisonment.

(Added to NRS by 1973, 1023; A 1989, 472)

NRS 618.710 Unlawfuluse of title or designation indicating recognition or certification as professionalin field of occupational safety and health; revocation of license; penalty.

1. A person shall not hold himself out as:

(a) An associate safety professional or use inconnection with his name the words or letters Associate Safety Professionalor A.S.P. or any other title, word, letter or other designation intended toimply or designate that he is an associate safety professional, unless he isrecognized as such by the Board of Certified Safety Professionals.

(b) A certified industrial hygienist or use inconnection with his name the words or letters Certified Industrial Hygienistor C.I.H. or any other title, word, letter or other designation intended toimply or designate that he is a certified industrial hygienist, unless he iscertified as such by the American Board of Industrial Hygiene.

(c) A certified safety professional or use inconnection with his name the words or letters Certified Safety Professionalor C.S.P. or any other title, word, letter or other designation intended toimply or designate that he is a certified safety professional, unless he iscertified as such by the Board of Certified Safety Professionals.

(d) An industrial hygienist in training or use inconnection with his name the words or letters Industrial Hygienist inTraining or I.H.I.T. or any other title, word, letter or other designationintended to imply or designate that he is an industrial hygienist in training,unless he is certified as such by the American Board of Industrial Hygiene.

(e) An occupational health and safety technologist oruse in connection with his name the words Occupational Health and SafetyTechnologist or O.H.S.T. or any other title, word, letter or otherdesignation intended to imply or designate that he is an occupational healthand safety technologist, unless he is certified as such by the Joint Committeeof the American Board of Industrial Hygiene and the Board of Certified SafetyProfessionals.

(f) An associate safety and health manager or use inconnection with his name the words Associate Safety and Health Manager orA.S.H.M. or any other title, word, letter or other designation intended toimply or designate that he is an associate safety and health manager, unless heis recognized as such by the Institute for Safety and Health Management.

(g) A certified safety and health manager or use inconnection with his name the words Certified Safety and Health Manager orC.S.H.M. or any other title, word, letter or other designation intended toimply or designate that he is a certified safety and health manager, unless heis certified as such by the Institute for Safety and Health Management.

2. The Division shall report any alleged violation ofsubsection 1 to the district attorney of the county in which the allegedviolation occurred.

3. Any governmental entity that has issued a licenseto conduct business in this State as an associate safety professional, acertified industrial hygienist, a certified safety professional, an industrialhygienist in training, an occupational health and safety technologist, anassociate safety and health manager or a certified safety and health manager toa person who is convicted of violating any provision of subsection 1 shallrevoke that license and send notice of the revocation to the licensee by certifiedmail.

4. Any person who violates a provision of subsection 1is guilty of a misdemeanor.

(Added to NRS by 1995, 403; A 2005, 256)

NRS 618.715 Separateand continuing offenses. Each violation of anyprovision of this chapter, or any part or portion thereof, is a separate anddistinct offense, and in the case of a violation continuing past the abatementdate, each days continuance thereof constitutes a separate and distinctoffense.

(Added to NRS by 1973, 1023)

MISCELLANEOUS PROVISIONS

NRS 618.720 Separatelavatories for men and women to be provided; penalty.

1. It shall be unlawful for any person, firm,association or corporation, employing in the same building or on the samepremises five or more males and three or more females, to fail to provideseparate lavatories or toilet rooms for each sex and to fail to designate thesame plainly by a printed or painted sign on the door of the lavatory or toiletroom so provided.

2. Any person, firm, association or corporationviolating the provisions of this section shall be guilty of a misdemeanor.

3. In conjunction with peace officers, the LaborCommissioner shall investigate and report to the proper officer any violationof this section.

4. This section shall not apply to:

(a) Persons, firms, associations or corporationslocated in office buildings where there are lavatories or toilet rooms for eachsex reasonably accessible within the building.

(b) Persons employing servants or other domestics intheir homes or residences.

[1:49:1925; NCL 2812] + [2:49:1925; NCL 2813] +[3:49:1925; NCL 2814] + [4:49:1925; NCL 2815](NRS A 1967,637)(Substituted in revision for NRS 618.320)

CERTAIN OCCUPATIONS

Control of Asbestos

NRS 618.750 Definitions. As used in NRS 618.750to 618.850, inclusive, unless thecontext otherwise requires:

1. Asbestos means asbestiform varieties of:

(a) Chrysotile (serpentine);

(b) Crocidolite (riebeckite);

(d) Anthophyllite;

(e) Tremolite; or

(f) Actinolite.

2. Control of asbestos means:

(a) The encapsulation, enclosure or removal of asbestosor material containing asbestos from a building or structure, including anyassociated mechanical systems, whether inside or outside the building orstructure;

(b) The abatement of the danger posed to human beingsby the presence of asbestos or material containing asbestos in a building or structure,including any associated mechanical systems, whether inside or outside thebuilding or structure;

(c) The repair, renovation or demolition of a buildingor structure containing asbestos or materials containing asbestos; or

(d) Any activity connected with that encapsulation,enclosure, removal, abatement, repair, renovation or demolition.

3. Occupation means a specific discipline involvedin a project for the control of asbestos, including those tasks performedrespectively by an inspector, management planner, consultant, project designer,contractor, supervisor or worker engaged in the control of asbestos.

4. Worker means any person actually engaged in workdirectly related to asbestos on a project for the control of asbestos who isnot required to be licensed in any other occupation.

(Added to NRS by 1989, 1275; A 1997, 2106)

NRS 618.755 Scope. NRS 618.750 to 618.850, inclusive, does not apply to:

1. The control of asbestos by a person in his ownresidence.

2. A person employed by a public utility whichsupplies electricity when performing emergency activities which include, butare not limited to:

(a) The removal of insulation containing asbestos onpipes;

(b) The removal of small quantities of insulationcontaining asbestos on beams or above ceilings;

(d) The installation or removal of a small section ofdrywall; and

(e) The installation of electrical conduits runningthrough or proximate to materials containing asbestos,

if theperson is trained by and works under the direction of a person who is capableof identifying existing hazards in a workplace which are related to asbestos,tremolite, anthophyllite or actinolite, and is authorized to take promptcorrective measures to eliminate them as set forth in 29 C.F.R. 1926.32(f) onJune 28, 1989.

(Added to NRS by 1989, 1276)

NRS 618.760 Regulationsof Division: Generally. The Division may adoptsuch regulations as are necessary to carry out the provisions of NRS 618.750 to 618.850, inclusive.

(Added to NRS by 1989, 1280; A 1993, 1886)

NRS 618.765 Regulationsof Division: Standards and procedures.

1. Not later than 60 days after June 28, 1989, theDivision shall adopt regulations establishing standards and procedures for thelicensure of each occupation which are at least as stringent as those containedin the Model Contractor Accreditation Plan for States set out in Appendix C ofSubpart E of Part 763 of Title 40 of the Code of Federal Regulations, as itexisted on January 1, 1989. The regulations must include standards for:

(a) Courses which provide initial training;

(b) Courses which provide a review of the initialtraining;

(d) Qualifications;

(e) Renewal of licensure; and

(f) Revocation of licensure.

2. After consultation with the Health Division of theDepartment of Health and Human Services, the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources andthe county air pollution control agencies designated pursuant to NRS 445B.500, the Division shall adoptstandards for:

(a) Projects for the control of asbestos;

(b) Specifying the amount of asbestos within a materialwhich must be present to qualify the material as a material containingasbestos for the purposes of NRS 618.750to 618.850, inclusive;

(d) Laboratories which collect or analyze air samplesfor those projects; and

(e) The assessment of the exposure of occupants of abuilding at the completion of a project for the control of asbestos.

3. The Division shall by regulation adopt a standardfor the assessment of the exposure of the occupants of a building to airborneasbestos. The standard:

(a) Must be set according to a time-weighted averageconcentration of asbestos fibers in the air, measured under normal occupancyconditions; and

(b) Must be at least as stringent as the correspondingfederal standard, if one has been adopted.

4. The standard adopted pursuant to subsection 3 maybe used:

(a) To assess the need to respond to the presence ofasbestos in a building; or

(b) To determine which buildings or structures are mostin need of such response.

The standarddoes not require the monitoring of the air of any building or structure, orcreate a duty for the Division to inspect any building or structure, except inconnection with the enforcement of this chapter.

(Added to NRS by 1989, 1276; A 1993, 1886)

NRS 618.770 Assessmentsand fees: Establishment; collection; use.

1. The costs of carrying out the provisions of NRS 618.750 to 618.850, inclusive, must be paid fromassessments payable by each insurer based upon expected annual expenditures forclaims. The Division shall adopt regulations which establish formulas ofassessment which result in an equitable distribution of costs among theinsurers.

2. In addition, the Division shall by regulation establisha schedule of fees designed to recover revenue to defray the costs of carryingout the provisions of NRS 618.750 to 618.850, inclusive. The Division maycollect fees for applications, the issuance and renewal of licenses,examinations, the review and approval of training courses, job notificationsand inspections, recordkeeping, and any other activity of the Division relatedto the provisions of NRS 618.750 to 618.850, inclusive. The fee for theissuance or renewal of a license must not exceed $200.

3. Any fees collected pursuant to this section must beused to offset the assessments established pursuant to subsection 1.

4. As used in this section, insurer has the meaningascribed to it in NRS 232.550.

(Added to NRS by 1989, 1278; A 1993, 1887)

NRS 618.775 Regulationsof State Environmental Commission. The StateEnvironmental Commission shall adopt regulations for the disposal of asbestosand material containing asbestos.

(Added to NRS by 1989, 1280)

NRS 618.780 Disposalof asbestos and material containing asbestos. Allasbestos and material containing asbestos removed from a building during aproject to control asbestos must be disposed of in accordance with the regulationsadopted by the State Environmental Commission for the disposal of asbestos andmaterial containing asbestos.

(Added to NRS by 1989, 1280)

NRS 618.785 Provisionsand standards not to be used as evidence to deny liability or claim forcompensation for exposure to asbestos. Nothingin NRS 618.750 to 618.850, inclusive, including standardsadopted pursuant thereto, may be used as evidence:

1. To deny liability in an action seeking damages fordisease as a result of exposure to asbestos in a building or structure; or

2. To deny a claim for compensation pursuant tochapters 616A to 616D, inclusive, or 617 of NRS relating to exposure toasbestos.

(Added to NRS by 1989, 1277)

NRS 618.790 Licenserequired. A person shall not engage in aproject for the control of asbestos unless he holds a valid license issued bythe Division.

(Added to NRS by 1989, 1277; A 1993, 1887)

NRS 618.795 Issuanceof licenses by Division.

1. The Division shall issue licenses to qualifiedapplicants in each occupation.

2. The Division may adopt regulations to includewithin the definition of occupation any discipline deemed necessary, includingthat of instructor in the control of asbestos.

(Added to NRS by 1989, 1277; A 1993, 1887)

NRS 618.800 Applicationfor license: Requirements and procedures. Aperson applying for a license in an occupation must:

1. Submit an application on a form prescribed andfurnished by the Division, accompanied by a fee prescribed by the Division;

2. Successfully complete a course of training in thecontrol of asbestos approved or administered by the Division for thatoccupation;

3. Pass an examination approved or administered by theDivision for that occupation;

4. If he is a contractor, present proof satisfactoryto the Division that he is insured to the extent determined necessary by theAdministrator for the appropriate activities for the control of asbestospermitted under the requested license, for the effective period of the license;and

5. Meet any additional requirement established by theDivision.

(Added to NRS by 1989, 1277; A 1993, 1887)

1. An applicant for the issuance or renewal of alicense in an occupation shall submit to the Division the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Division.

3. A license in an occupation may not be issued orrenewed by the Division if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Division shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2105)

NRS 618.802 Applicationfor license: Inclusion of social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor the issuance of a license in an occupation must include the social securitynumber of the applicant.

(Added to NRS by 1997, 2106)

1. To renew a license, a person must, on orbefore January 1 of each year:

(a) Apply to the Division for renewal;

(b) Submit the statement required pursuant to NRS 618.801;

(d) Submit evidence satisfactory to the Division of hiscompletion of the requirements for continuing education or training establishedby the Division, if any.

2. The Division may adopt regulations requiringcontinuing education or training of the licensees in any occupation and, as aprerequisite to the renewal or restoration of a license, require each licenseeto comply with those requirements.

(Added to NRS by 1989, 1278; A 1993, 1888; 1997,2107)

NRS 618.805 Renewal of license; continuingeducation or training. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. To renew a license a person must, on or beforeJanuary 1 of each year:

(a) Apply to the Division for renewal;

(b) Pay the annual fee for renewal set by the Division;and

(c) Submit evidence satisfactory to the Division of hiscompletion of the requirements for continuing education or training establishedby the Division, if any.

(Added to NRS by 1989, 1278; A 1993, 1888; 1997,2107, effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 618.810 Issuanceof license as contractor on basis of status as qualified employee prohibited. The Division shall not issue a license as a contractor forprojects for the control of asbestos on the basis of a persons status underchapter 624 of NRS as a qualified employee.

(Added to NRS by 1989, 1278; A 1993, 1888)

NRS 618.815 Issuanceof license to applicant who holds license issued by another state. The Division may issue a license in an occupation to anapplicant who holds a valid license in that occupation issued to him by theDistrict of Columbia or any state or territory of the United States, or who hasmet the requirements for that occupation set by the Environmental ProtectionAgency pursuant to the Asbestos Hazard Emergency Response Act, if:

1. The legal requirements of that district, state orterritory for licensure in that occupation were, at the time of issuance of thelicense, at least equivalent to those of this State.

2. The applicant passes an examination, if required bythe Board.

3. The applicant furnishes to the Board such otherproof of his qualifications as the Board requires.

(Added to NRS by 1989, 1278; A 1993, 1888)

NRS 618.820 Dutiesof person licensed as contractor. A personlicensed as a contractor for projects for the control of asbestos shall:

1. If a laboratory is used for any aspect ofcollecting or analyzing air samples for a project, use only a laboratory whichmeets the standards adopted by the Division.

2. If a commercial laboratory is used for any aspectof collecting or analyzing air samples for a project, use only a laboratory inwhich the contractor or owner of the building or structure has no financialinterest, unless the Division by regulation provides otherwise.

3. Comply with the standards adopted by the Divisionfor projects.

4. Unless specifically exempted by the Division,refrain from providing any of the services of an inspector, management planner,consultant or project designer on a project.

(Added to NRS by 1989, 1279; A 1993, 1888)

NRS 618.825 Employmentof unlicensed person by licensed contractor prohibited. A person licensed as a contractor for projects for thecontrol of asbestos shall not employ to engage in activities directly relatedto asbestos on his projects a person who is not licensed pursuant to NRS 618.795.

(Added to NRS by 1989, 1279)

NRS 618.830 Inspectionof projects. The Division or a personauthorized by the Division shall inspect annually at least one project for thecontrol of asbestos conducted by each contractor licensed pursuant to NRS 618.795. The contractor shall, uponrequest of the Division or a person authorized by the Division, allow theinspection of all property, activities and facilities at the project and allrelated documents and records.

(Added to NRS by 1989, 1280; A 1993, 1889)

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licensein an occupation, the Division shall deem the license issued to that person tobe suspended at the end of the 30th day after the date on which the court orderwas issued unless the Division receives a letter issued to the holder of thelicense by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Division shall reinstate a license in anoccupation that has been suspended by a district court pursuant to NRS 425.540 if the Division receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2106)

NRS 618.835 Disciplinaryaction; owner of building not liable for employment of another contractor afterrevocation of license of original contractor.

1. If the Division finds that a person, other than aworker, has violated any of the provisions of NRS618.780, 618.790, 618.820 or 618.825, or the standards or regulationsadopted pursuant to NRS 618.750 to 618.850, inclusive, it may:

(a) Upon the first violation, impose upon him anadministrative fine of not more than $15,000.

(b) Upon the second and subsequent violations:

(1) Impose upon him an administrative fine ofnot more than $25,000; and

(2) If he is licensed pursuant to NRS 618.795, revoke his license and requirehim to fulfill certain training or educational requirements to have his licensereinstated.

Any penaltyimposed pursuant to this section does not relieve the person from criminalprosecution for engaging in the control of asbestos without a license, nor fromthe imposition of a penalty pursuant to NRS445B.640.

2. If the license of a contractor for projects for thecontrol of asbestos is revoked pursuant to this section and the owner of abuilding or structure upon which the contractor is engaged in a project employsanother licensed contractor to complete the project, the original contractormay not bring an action against the owner of the building or structure forbreach of contract or damages based on the employment of another contractor.

(Added to NRS by 1989, 1279; A 1993, 1889; 1995,1645)

NRS 618.840 Noticeof intent to revoke license; summary suspension; hearing.

1. Except as otherwise provided in subsection 2, ifthe Division intends to revoke a persons license, it shall first notify him bycertified mail. The notice must contain a statement of the Divisions legalauthority, jurisdiction and reasons for the proposed action.

2. If the Division finds that protection of the publichealth requires immediate action, it may order a summary suspension of alicense pending proceedings for revocation.

3. A person is entitled to a hearing to contest thesummary suspension or proposed revocation of his license. A request for such ahearing must be made pursuant to regulations adopted by the Division.

4. Upon receiving a request for a hearing to contest asummary suspension, the Division shall hold a hearing within 10 days after thedate of the receipt of the request.

(Added to NRS by 1989, 1279; A 1993, 1889)

NRS 618.845 Injunctiverelief. The Division may maintain in any courtof competent jurisdiction a suit for an injunction against any person engagedin the control of asbestos in violation of the provisions of NRS 618.780, 618.790, 618.820or 618.825, or the standards orregulations adopted by the division pursuant to NRS 618.750 to 618.850, inclusive. An injunction:

1. May be issued without proof of actual damagesustained by any person, this provision being a preventive as well as apunitive measure.

2. Does not relieve the person from criminal liabilityfor engaging in the control of asbestos without a license.

(Added to NRS by 1989, 1280; A 1993, 1889)

NRS 618.850 Penaltyfor acting without license. Any person whoengages in the control of asbestos without a license issued by the Division isguilty of a misdemeanor.

(Added to NRS by 1989, 1280; A 1993, 1890)

Operation of Cranes

NRS 618.880 Establishmentof safety plans and procedures; certification of cranes; training andcertification of crane operators. [Effective through December 31, 2006.] The Division shall adopt regulations establishingstandards and procedures for the operation of cranes, including, withoutlimitation, regulations requiring the:

1. Establishment and implementation of site safetyplans and procedures for the erection and dismantling of tower cranes;

2. Establishment of a clear zone around the erection,dismantling or other highly hazardous lifts with a crane;

3. Annual certification of the mechanical liftingparts of the crane;

4. Certification of tower cranes each time a towercrane is erected and additional annual certifications of tower cranes whilethey continue to be in use; and

5. Establishment and implementation of programs forthe training and certification of crane operators.

(Added to NRS by 1995, 1889)

NRS 618.880 Establishment of safety plans andprocedures; certification of cranes; certification of operators of tower cranesand mobile cranes; exceptions. [Effective January 1, 2007.]

1. The Division shall adopt regulations establishingstandards and procedures for the operation of cranes, including, withoutlimitation, regulations requiring the:

(a) Establishment and implementation of site safetyplans and procedures for the erection and dismantling of tower cranes;

(b) Establishment of a clear zone around the erection,dismantling or other highly hazardous lifts with a crane;

(d) Certification of tower cranes each time a towercrane is erected and additional annual certifications of tower cranes whilethey continue to be in use.

2. Except as otherwise provided in subsection 3:

(a) The Division shall adopt regulations requiring theestablishment and implementation of programs for the certification of allpersons who operate:

(1) Tower cranes; or

(2) Mobile cranes having a usable boom length of25 feet or greater or a maximum machine rated capacity of 15,000 pounds orgreater.

(b) A person shall not operate a tower crane or amobile crane described in subparagraph (2) of paragraph (a) unless the personholds certification as a crane operator issued pursuant to this subsection forthe type of crane being operated.

(1) Is issued by an organization whose programof certification for crane operators:

(I) Is accredited by the NationalCommission for Certifying Agencies or an equivalent accrediting body approvedby the Division; or

(II) Meets other criteria established bythe Division; and

(2) Certifies that the person has met thestandards to be a crane operator established by the American Society ofMechanical Engineers in its standards B30.3, B30.4 or B30.5 as adopted byregulation of the Division.

3. The provisions of subsection 2 do not apply to aperson who:

(a) Is an employee of a utility while the person isengaged in work for or at the direction of the utility;

(b) Operates an electric or utility line truck that isregulated pursuant to 29 C.F.R. 1910.269 or 29 C.F.R. Part 1926, Subpart V;or

(c) Operates an aerial or lifting device, whether ornot self-propelled, that is designed and manufactured with the specific purposeof lifting one or more persons in a bucket or basket or on a ladder or platformand holding those persons in the lifted position while they perform tasks. Suchdevices include, without limitation:

(1) A bucket truck or lift;

(2) An aerial platform;

(3) A platform lift; or

(4) A scissors lift.

4. As used in this section, utility means any publicor private utility, whether or not the utility is subject to regulation by thePublic Utilities Commission of Nevada, that provides, at wholesale or retail:

(a) Electric service;

(b) Gas service;

(d) Telecommunication service, including, withoutlimitation, local exchange service, long distance service and personal wirelessservice; or

(e) Television service, including, without limitation,community antenna television service.

(Added to NRS by 1995, 1889; A 2005, 933, effectiveJanuary 1, 2007)

1. An applicant for the issuance or renewal ofcertification as a crane operator pursuant to NRS618.880 shall submit with his application the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the Division.

3. Certification as a crane operator may not be issuedor renewed pursuant to NRS 618.880 ifthe applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the person to whom theapplication was submitted shall advise the applicant to contact the districtattorney or other public agency enforcing the order to determine the actionsthat the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2104)

NRS 618.884 Applicationfor certification as crane operator: Inclusion of social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Anapplication for the issuance of certification as a crane operator pursuant to NRS 618.880 must include the socialsecurity number of the applicant.

(Added to NRS by 1997, 2105)

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who has been certified asa crane operator pursuant to NRS 618.880,the Division shall deem the certification issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the Division receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person who has been issued the certification stating that the person hascomplied with the subpoena or warrant or has satisfied the arrearage pursuantto NRS 425.560.

2. The Division shall reinstate a certification as acrane operator issued pursuant to NRS618.880 that has been suspended by a district court pursuant to NRS 425.540 if the Division receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whosecertification was suspended stating that the person whose certification wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2105)

Manufacture and Use of Explosives

NRS 618.890 Regulationsestablishing safety plans and procedures; training and testing program foremployees; exception.

1. The Division shall adopt regulations establishingstandards and procedures for places of employment where explosives are manufactured,or where an explosive is used, processed, handled, moved on site or stored inrelation to its manufacture, including, without limitation, regulationsrequiring the:

(a) Establishment and implementation of safety plansand procedures;

(b) Establishment of safety zones at or around suchplaces of employment;

(d) Annual certification of trainers, productionmanagers, supervisors and other persons designated by an employer to provide anannual training and testing program for employees; and

(e) Establishment and implementation of programs forthe annual training and testing of employees who are engaged in the manufactureof an explosive, or the use, processing, handling, on-site movement or storageof an explosive that is related to its manufacture, that will be conducted by atrainer, production manager, supervisor or any other person certified pursuantto paragraph (d).

2. If the standards and procedures adopted pursuant tothis section conflict with any ordinances of a local governing body regulatingexplosives, the more stringent standard applies.

3. Except as otherwise provided in subsection 2,compliance with an ordinance of a local governing body regulating explosivesdoes not excuse any person from complying with the standards and proceduresadopted by the Division pursuant to this section.

4. Each employer engaged in the manufacture ofexplosives shall provide to each of his employees, who in the course of theiremployment are directly involved in the manufacture of explosives, or thehandling of an explosive or any hazardous component thereof, an annual trainingand testing program that has been approved by the Division in accordance withsubsection 1. The annual training must be conducted by a trainer, productionmanager, supervisor or other person certified by the Division to provide suchtraining. An employer shall not allow an employee to engage in employment thatrequires the employee to be directly involved in the manufacture of explosives,or the handling of an explosive or any hazardous component thereof, until theemployee has completed the applicable training and testing program requiredpursuant to this subsection. Any violation of this subsection by an employerconstitutes a serious violation which is subject to the provisions of NRS 618.645.

5. Notwithstanding any provision of this section tothe contrary, the provisions of this section do not apply to the miningindustry.

6. Except as otherwise provided in subsection 7, asused in this section, explosive means gunpowders, powders used for blasting,all forms of high explosives, blasting materials, fuses other than electriccircuit breakers, detonators and other detonating agents, smokeless powders,other explosive or incendiary devices and any chemical compound, mechanicalmixture or device that contains any oxidizing and combustible units, or otheringredients, in such proportions, quantities or packing that ignition by fire,friction, concussion, percussion, or detonation of the compound, mixture ordevice or any part thereof may cause an explosion.

7. For the purposes of this section, an explosive doesnot include:

(a) Ammunition for small arms, or any componentthereof;

(1) In an antique firearm, as that term isdefined in 18 U.S.C. 921(a)(16), as that section existed on January 1, 1999;or

(2) In an antique device which is exempted fromthe definition of destructive device pursuant to 18 U.S.C. 921(a)(4), asthat section existed on January 1, 1999; or

(Added to NRS by 1999, 1853)

NRS 618.892 Applicationfor certification as trainer, production manager, supervisor or other person toprovide training and testing of employees: Statement by applicant regardingchild support; grounds for denial of certification; duty of Division. [Expiresby limitation on the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. An applicant for the issuance or renewal ofcertification as a trainer, production manager, supervisor or other persondesignated by an employer to provide annual training and testing programs toemployees pursuant to NRS 618.890 shallsubmit with his application the statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the Division.

3. Certification as a trainer, production manager, supervisoror other person designated by an employer to provide annual training andtesting programs to employees pursuant to NRS618.890 may not be issued or renewed pursuant to NRS 618.890 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the person to whom theapplication was submitted shall advise the applicant to contact the districtattorney or other public agency enforcing the order to determine the actionsthat the applicant may take to satisfy the arrearage.

(Added to NRS by 1999, 1855)

NRS 618.894 Applicationfor certification as trainer, production manager, supervisor or other person toprovide training and testing of employees: Inclusion of social security numberof applicant. [Expires by limitation on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.] An application for theissuance of certification as a trainer, production manager, supervisor or otherperson designated by an employer to provide annual training and testingprograms to employees pursuant to NRS618.890 must include the social security number of the applicant.

(Added to NRS by 1999, 1855)

NRS 618.896 Suspensionof certification as trainer, production manager, supervisor or other person toprovide training and testing of employees for failure to pay child support orcomply with certain subpoenas or warrants; reinstatement of certification.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who has been certified asa trainer, production manager, supervisor or other person designated by anemployer to provide annual training and testing programs to employees pursuantto NRS 618.890, the Division shall deemthe certification issued to that person to be suspended at the end of the 30thday after the date on which the court order was issued unless the Divisionreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwho has been issued the certification stating that the person has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate the certification of atrainer, production manager, supervisor or other person designated by anemployer to provide annual training and testing programs to employees pursuantto NRS 618.890 that has been suspendedby a district court pursuant to NRS 425.540if the Division receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose certification was suspended stating that the person whosecertification was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1999, 1855)

NRS 618.898 Permitfor construction or alteration of major process used to protect lives, safetyand health of employees: Application; standards for issuance; fee; regulations;exception.

1. No owner or operator of a place of employment maycommence the construction of, substantially alter the construction of, ormodify any major process used to protect the lives, safety and health ofemployees at a place of employment where an explosive is manufactured, or used,processed, handled, moved on site or stored in relation to its manufacture,unless he first obtains a permit therefor from the Division. Before issuing anypermit, the Division shall consult with the Division of EnvironmentalProtection of the State Department of Conservation and Natural Resources.

2. An application for such a permit must be submittedon a form prescribed by the Division.

3. The Division may require the applicant to complywith requirements that it establishes by regulation before issuing such apermit.

4. The Division may charge and collect a fee for theissuance of such a permit.

5. The Division shall adopt such regulations as arenecessary to carry out the provisions of this section.

6. Notwithstanding any provision of this section tothe contrary, the provisions of this section do not apply to the miningindustry.

7. Except as otherwise provided in subsection 8, asused in this section, explosive means gunpowders, powders used for blasting,all forms of high explosives, blasting materials, fuses other than electric circuitbreakers, detonators and other detonating agents, smokeless powders, otherexplosive or incendiary devises and any chemical compound, mechanical mixtureor device that contains any oxidizing and combustible units, or otheringredients, in such proportions, quantities or packing that ignition by fire,friction, concussion, percussion, or detonation of the compound, mixture ordevice or any part thereof may cause an explosion.

8. For the purposes of this section, an explosive doesnot include:

(a) Ammunition for small arms, or any componentthereof;

(1) In an antique firearm, as that term isdefined in 18 U.S.C. 921(a)(16), as that section existed on January 1, 1999;or

(2) In an antique device which is exempted fromthe definition of destructive device pursuant to 18 U.S.C. 921(a)(4), asthat section existed on January 1, 1999; or

(Added to NRS by 1999, 2010)

NRS 618.900 Permitfor construction or alteration of major process used to protect lives, safetyand health of employees: Injunctive relief and penalty for failure to obtainpermit. If any person violates the provisionsof NRS 618.898, the Division may:

1. Maintain an action in a court of competentjurisdiction for injunctive or any other appropriate relief to prohibit andprevent the violation. The court may proceed in the action in a summary manner.

2. Unless a greater penalty is provided in thischapter, require the violator to pay an administrative fine of not more than$25,000.

(Added to NRS by 1999, 2011)

Photovoltaic System Projects

NRS 618.910 Definitions.[Effective July 1, 2006.] As used in NRS 618.910 to 618.936, inclusive, unless the contextotherwise requires, the words and terms defined in NRS 618.912, 618.914 and 618.916 have the meanings ascribed to themin those sections.

(Added to NRS by 2005, 22nd SpecialSession, 72, effective July 1, 2006)

NRS 618.912 Photovoltaicinstaller defined. [Effective July 1, 2006.] Photovoltaicinstaller means a person directly engaged with the electrical connection andwiring of a photovoltaic system project in a capacity other than as an inspector,management planner, consultant, project designer, contractor or supervisor forthe photovoltaic system project.

(Added to NRS by 2005, 22nd SpecialSession, 72, effective July 1, 2006)

NRS 618.914 Photovoltaicsystem defined. [Effective July 1, 2006.] Photovoltaicsystem means a facility or energy system for the generation of electricitythat uses photovoltaic cells and solar energy to generate electricity.

(Added to NRS by 2005, 22nd SpecialSession, 72, effective July 1, 2006)

NRS 618.916 Photovoltaicsystem project defined. [Effective July 1, 2006.]

1. Photovoltaic system project means a projectrelated to:

(a) The installation of a photovoltaic system; or

(b) The maintenance of a photovoltaic system.

2. The term does not include the installation ormaintenance of a photovoltaic system before January 1, 2007.

(Added to NRS by 2005, 22nd SpecialSession, 72, effective July 1, 2006)

NRS 618.918 Regulationsof Division. [Effective July 1, 2006.] The Divisionmay adopt such regulations as are necessary to carry out the provisions of NRS 618.910 to 618.936, inclusive.

(Added to NRS by 2005, 22nd SpecialSession, 73, effective July 1, 2006)

NRS 618.920 Issuanceof license as photovoltaic installer. [Effective July 1, 2006.] The Division shall issue a license to each qualifiedapplicant for licensure as a photovoltaic installer.

(Added to NRS by 2005, 22nd SpecialSession, 73, effective July 1, 2006)

NRS 618.922 Applicationfor license: Requirements and procedures. [Effective July 1, 2006.] A person applying for a license as a photovoltaicinstaller must:

1. Submit an application on a form prescribed andfurnished by the Division;

2. Pay all required fees established by the Divisionby regulation;

3. Pass an examination approved or administered by theDivision for licensure as a photovoltaic installer;

4. If the person is a contractor, provide proof to theDivision that the person has been issued a license of the appropriateclassification by the State Contractors Board pursuant to chapter 624 of NRS;and

5. Meet any additional requirements established by theDivision.

(Added to NRS by 2005, 22nd SpecialSession, 73, effective July 1, 2006)

1. In addition to any other requirements set forth in NRS 618.910 to 618.936, inclusive, an applicant for theissuance or renewal of a license as a photovoltaic installer shall submit tothe Division:

(a) The statement prescribed by the Welfare Division ofthe Department of Human Resources pursuant to NRS425.520. The statement must be completed and signed by the applicant.

(b) The social security number of the applicant.

2. The Division shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of a license; or

(b) A separate form prescribed by the Division.

3. A license as a photovoltaic installer may not beissued or renewed by the Division if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(Added to NRS by 2005, 22nd SpecialSession, 73, effective July 1, 2006)

NRS 618.926 Renewalof license; continuing education or training. [Effective July 1, 2006.]

1. A license as a photovoltaic installer expires 1year after the date on which the license is issued. To renew a license as aphotovoltaic installer, a person must, on or before the date on which thelicense expires:

(a) Apply to the Division for renewal;

(b) Pay the annual fee for renewal established by theDivision by regulation; and

(c) Submit evidence satisfactory to the Division thatthe person has completed the requirements for continuing education or trainingestablished by the Division, if any.

2. The Division may adopt regulations establishingrequirements for continuing education or training that a person must completein order for the person to renew a license as a photovoltaic installer.

(Added to NRS by 2005, 22nd SpecialSession, 73, effective July 1, 2006)

1. If the Division receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseas a photovoltaic installer, the Division shall deem the license issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued, unless the Division receives a letter issued to theholder of the certificate by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the license has complied with the subpoena or warrant, or hassatisfied the arrearage pursuant to NRS425.560.

2. The Division shall reinstate a license that hasbeen suspended by a district court pursuant to NRS 425.540 if the Division receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2005, 22nd SpecialSession, 74, effective July 1, 2006)

NRS 618.930 Disciplinaryaction; owner of building not liable for employment of another photovoltaicinstaller after suspension or revocation of license of original installer.[Effective July 1, 2006.]

1. In addition to any other remedy or penalty, if theDivision finds that a person has violated any provision of NRS 618.910 to 618.936, inclusive, or the standards orregulations adopted pursuant thereto, the Division may:

(a) Upon the first violation, impose upon the person anadministrative fine of not more than $1,500.

(b) Upon the second violation or a subsequentviolation:

(1) Impose upon the person an administrativefine of not more than $2,500; and

(2) If the person is licensed pursuant to NRS 618.910 to 618.936, inclusive, suspend or revoke his licenseand require the person to fulfill certain training or educational requirementsto have his license reinstated.

2. Any penalty imposed pursuant to subsection 1 doesnot relieve the person from criminal prosecution for acting as a photovoltaicinstaller without a license.

3. If the license of a photovoltaic installer issuspended or revoked pursuant to subsection 1 and the owner of a building orstructure who has contracted with the photovoltaic installer for a photovoltaicsystem project contracts with another licensed photovoltaic installer tocomplete the project, the original photovoltaic installer may not bring anaction against the owner of the building or structure for breach of contract ordamages based on the contract with the other licensed photovoltaic installer.

(Added to NRS by 2005, 22nd SpecialSession, 74, effective July 1, 2006)

NRS 618.932 Noticeof intent to suspend or revoke license; hearing. [Effective July 1, 2006.]

1. If the Division intends to suspend or revoke apersons license, the Division shall first notify the person by certified mail.The notice must contain a statement of the Divisions legal authority,jurisdiction and reasons for the proposed action.

2. A person is entitled to a hearing to contest theproposed suspension or revocation of his license. A request for such a hearingmust be made pursuant to regulations adopted by the Division.

3. Upon receiving a request for a hearing to contest aproposed suspension or revocation, the Division shall hold a hearing within 10days after the date of the receipt of the request.

(Added to NRS by 2005, 22nd SpecialSession, 74, effective July 1, 2006)

NRS 618.934 Injunctiverelief. [Effective July 1, 2006.] The Divisionmay maintain in a court of competent jurisdiction a suit for an injunctionagainst any person who acts as a photovoltaic installer in violation of anyprovision of NRS 618.910 to 618.936, inclusive, or the standards orregulations adopted pursuant thereto. An injunction:

1. May be issued without proof of actual damagesustained by any person.

2. Does not relieve the person from criminal liabilityfor acting as a photovoltaic installer without a license.

(Added to NRS by 2005, 22nd SpecialSession, 75, effective July 1, 2006)

NRS 618.936 Penaltyfor acting as photovoltaic installer without license or employing orcontracting with person to act as installer without license. [Effective July 1,2006.]

1. Except as otherwise provided in subsection 2, aperson shall not:

(a) Act as a photovoltaic installer for a photovoltaicsystem project unless the person holds a license as a photovoltaic installerissued by the Division; or

(b) Employ or contract with another person to act as aphotovoltaic installer for a photovoltaic system project unless the otherperson holds a license as a photovoltaic installer issued by the Division.

2. A person is not required to obtain a license fromthe Division to install or maintain a photovoltaic system project on propertythat the person owns and occupies as a residence.

3. A person who violates any provision of this sectionis guilty of a misdemeanor.

(Added to NRS by 2005, 22nd SpecialSession, 75, effective July 1, 2006)

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