LAS VEGAS (KTNV) — No businesses in Southern Nevada, and three businesses in the northern part of the state, were cited by OSHA last week, the state Division of Industrial Relations (DIR) says.
Notices of citation and penalties were issued by OSHA to the following businesses from Aug. 31 through Sept. 4):
- 9/1 -- Dad’s Quik Mart, LLC on 5212 Sparks Blvd., Suite 100 in Sparks -- $2,212
- 9/4 -- Dayton Valley Tire and Service on 480 Old Highway 50 in Dayton -- $2,603
- 9/4 -- Mike’s Automotive on 9205 Lemmon Drive in Reno -- $2,603
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The citations were issued after officials observed noncompliance with one or more requirements of general and industry-specific guidance and directives during both an initial observation and a follow-up visit by division officials. The employer was provided notice and a request for compliance during the first visit. Upon observation of ongoing non-compliance during a follow-up visit, a formal investigation was opened with the employer.
In addition, a notice was provided indicating that in the event of future non-compliance, the Administrator may issue an order requiring the business to cease all activity at that location during this state of emergency under NRS 618.545(1) until the business has established and implemented operating procedures to comply with the requirements.
Initial Observations
Division officials are reporting a 92 percent compliance rate for initial observations that were conducted at 395 business establishments last week across the state and a variety of business sectors.
DIR officials have conducted a total of 7,359 initial visits at business establishments since late June, finding a cumulative 88 percent statewide compliance rate.
Cities with compliance rates below the statewide average of 92 percent during the week beginning August 31 include Las Vegas (87 percent), North Las Vegas (91 percent), Sparks (83 percent), and Zephyr Cove (80 percent).
Follow Up Observations
Since observations to determine compliance with mandated health and safety measures began, DIR officials have conducted 1,265 follow up visits finding a 95 percent statewide compliance rate.
During the week beginning August 31, officials conducted 148 follow up visits finding a 99 percent compliance rate statewide. If noncompliance is observed during the follow-up visit, an inspection is opened with the employer which may result in a citation and penalty being issued if violations are substantiated.
To date, 36 citations have been issued since the Governor’s Declaration of Emergency Directive 04 and Nevada OSHA’s Guidance for Businesses Operating in Phase 2 went into effect on June 24.
Complaints
In addition to the field observation process, Nevada OSHA continues to respond to complaints and referrals regarding face coverings, social distancing, cleaning and disinfection, and other areas of concern related to COVID-19 received by their offices. Of the 3,255 complaints filed as of August 27, the largest percentage of complaints concern general retail, 27 percent and restaurants and bars, 16 percent.
The majority of complaints are resolved through an employer inquiry and response process. In instances where the inquiry process does not provide a satisfactory response or resolution of the complaint, an investigation is opened. A notice of citation and penalty is issued to the business if a violation is found as a result of the investigation.
Workplace health and safety complaints can be reported to the Division by filing an online complaint at osha.gov.
Important Information for Employers
Employers should note that the Nevada OSHA’s Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan (latest update published on July 29) can be found at dir.nv.gov.
The updated document states that Nevada OSHA does not recognize face shields as an alternative to or as an effective “face covering” as required by section 4 of the Nevada Declaration of Emergency Directive 024. The face-covering must effectively control the breathing zone and restrain any expelled or exhaled water droplets within the covering. Industry-specific guidance and links to all of the Emergency Directives can be found at nvhealthresponse.nv.gov.
The Division’s Safety Consultation and Training Section (SCATS) also offers free consultations to businesses to help them understand and implement the requirements in order to comply with the health and safety guidance and directives for all businesses, and specific requirements for each industry. SCATS can be reached by calling 1-877-4SAFENV.
