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ram or programs of any state agency in furtherance of the purposes of this chapter.
(Added to NRS by 1973, 1018; A 1981, 1506)
NRS 618.235 Division to be administered by Department of Business and Industry; review of Administrator’s decisions.
1. The Division must be administered by the Department of Business and Industry.
2. A decision on any question arising under the provisions of this chapter must be the decision of the Administrator, subject to 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 as in the opinion of the Administrator are necessary to enforce the provisions of this chapter.
2. Any safety and health representative employed by the Division must have practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The Administrator and other employees of the Division 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 other employees of the Division shall give their entire time to the business of the Division and shall not pursue any other business or vocation or hold any office of profit.
4. An employee of the Division shall not serve on any committee of any political party.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 582; 1981, 1507; 1985, 443; 1995, 2318)
NRS 618.257 Sections for Enforcement and for Safety and Health Consultation, Education, Information and Training: Establishment; duties; certain programs and services for small employers.
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 in subsections 2 and 3, as he deems necessary for the Sections established pursuant to paragraph (a).
2. If authorized by the Secretary of Labor, the Section for Enforcement shall develop a program for small employers to eliminate or abate hazards to the safety and health of employees. Except as otherwise provided by federal law, if a small employer complies with the program for small employers, the Section for Enforcement may reduce any penalty, 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 to provide advice to a small employer who seeks assistance in complying with the requirements of this chapter; and
(b) A program designed to assist a small employer in complying with the requirements of this chapter, including, as appropriate, the preparation and dissemination of pamphlets describing the requirements of this chapter.
(Added to NRS by 1999, 896)
NRS 618.265 Offices of Division.
1. The Division shall maintain its principal office in Carson City, Nevada.
2. The Division shall maintain suboffices at such places as industrial activity warrants. Suboffices may have complete facilities to supervise, regulate and enforce the provisions of this chapter.
(Added to NRS by 1973, 1012; A 1981, 1507)
NRS 618.285 Duties of Division. The Division shall:
1. Prevent or abate hazards to the safety and health of employees;
2. Develop a program of eliminating or abating hazards;
3. Advise and recommend a program of safety and health applicable to public and state agencies;
4. Institute legal proceedings to compel compliance with this chapter or any rules, regulations, standards or orders adopted or issued under this chapter; and
5. Accept, receive and administer grants and other funds from any private or public source, including the Federal Government.
(Added to NRS by 1973, 1012; A 1981, 1507)
NRS 618.295 Regulations and standards; medical examination for exposure to hazard.
1. The Division shall adopt such regulations as are necessary to provide safe and healthful employment in those employments within its jurisdiction.
2. The Division shall not propose standards or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.
3. The Division may adopt by emergency regulation temporary emergency standards for the protection of employees who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards.
4. Standards established under this chapter must apply equally to all places of employment.
5. Standards or regulations must provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information must include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.
6. If an employee has been exposed to a hazard and the Division considers a medical examination necessary, the cost of the examination must be paid by the employer. The results of the examination must be furnished only to the Division and, at the request of the employee, to the employee’s physician.
7. Standards or regulations must prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring any exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.
8. All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards unless the Division, in accordance with federal law, adopts regulations establishing alternative standards that provide protection equal to the protection provided by those federal occupational safety and health standards.
(Added to NRS by 1973, 1012; A 1975, 766; 1977, 85; 1981, 1507; 1995, 1890)
NRS 618.305 Sources for standards. The Division may consider the following 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 Authority of Division over working conditions; limitations; safety orders.
1. The Division has authority over working conditions in all places of employment except as limited by subsection 2.
2. The authority of the Division does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this State; or
(c) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (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 employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the Division.
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