Nevada Administrative Code Chapter 618 - Occupational Safety and Health
🛠️ Overview of NAC Chapter 618
1. General Provisions
NAC 618.001 to 618.010: Define key terms and establish the authority of the DIR to adopt and enforce occupational safety and health standards.
NAC 618.020 to 618.030: Outline the scope of the regulations, specifying the industries and workplaces to which they apply, and the procedures for adopting new standards.
2. Safety Programs and Training
NAC 618.540: Mandates that employers develop and implement written safety programs that include:
Responsibilities of managers, supervisors, and employees.
Methods for identifying and controlling hazardous conditions.
Training procedures for employees.
Accident investigation procedures and corrective actions.
Methods to ensure employee compliance with safety rules.
NAC 618.Sec. 5.5: Requires employers to perform a one-time, written job hazard analysis to assess working conditions that may cause occupational exposure to heat illness, especially before a task is undertaken for the first time or when a task materially changes.
NAC 618.Sec. 7.5: Obligates employers to provide training programs for employees in job classifications identified as having potential heat illness exposure, covering hazard recognition and procedures to minimize risks.
3. Mandatory OSHA Training
NAC 618.Sec. 25: Establishes requirements for OSHA-10 and OSHA-30 training courses, ensuring they meet or exceed guidelines issued by the U.S. Department of Labor for specific industries.
NAC 618.Sec. 12: Specifies that OSHA-10 and OSHA-30 courses must align with federal safety and health regulatory requirements specific to the industry in which the employer operates.
4. Enforcement and Penalties
NAC 618.788: Details the burden of proof in demonstrating a violation of OSHA law, requiring the Chief Administrative Officer of NOSHA to establish:
Applicability of the OSHA regulation.
Noncompliance with the regulation.
Employee exposure to a hazardous condition.
Employer's actual or constructive knowledge of the violative conduct.
⚖️ Relevant Case Law
Original Roofing Company LLC v. Chief Administrative Officer of Occupational Safety and Health Administration (2019)
In this case, the Nevada Supreme Court addressed the burden of proof in OSHA violation cases. The court emphasized that the Chief Administrative Officer of NOSHA must demonstrate the applicability of the OSHA regulation, noncompliance, employee exposure to a hazardous condition, and the employer's knowledge of the violation. The court found that NOSHA failed to establish the employer's knowledge of the violative conduct, leading to a decision in favor of the employer
✅ Summary
NAC Chapter 618 provides a comprehensive framework for occupational safety and health in Nevada, encompassing general provisions, safety programs, mandatory training, and enforcement mechanisms. The regulations aim to protect employees from workplace hazards and ensure employers maintain safe working environments. The case law highlights the importance of establishing all elements of a violation, including the employer's knowledge, to uphold enforcement actions.
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