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b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees. (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful. (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands. (e) Provide the method and frequency of making investigations, examinations and inspections. (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications. (g) Furnish blank forms upon request. (h) Provide for adequate notice to each employer or employee of his right to administrative review of any action or decision of the Division as set forth in NRS 618.475 and 618.605 and to judicial review. (i) Consult with the Health Division of the Department of Health and Human Services with respect to occupational health matters in chapter 617 of NRS. (j) Appoint and fix the compensation of advisers who shall assist the Division in establishing standards of safety and health. The Division may adopt and incorporate in its general orders such safety and health recommendations 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 Powers of Administrator and representatives; entry and inspection of places of employment. 1. The Administrator and his representatives appointed under this chapter shall act with full power and authority to carry out and enforce the orders, standards and policies fixed by the Division, and for the purposes set forth in this chapter may: (a) Certify to official acts; (b) Take depositions; (c) Issue subpoenas; (d) Compel the attendance of witnesses; and (e) Compel the production of books, papers, records, documents and testimony. 2. Upon presenting appropriate credentials to any employer, the Administrator or his representative may: (a) Enter without delay and at reasonable times any place of employment; and (b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, that place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any employer or an employee. 3. The Division shall not notify the employer of any randomly scheduled or customary regulatory inspection to be performed by the Division. (Added to NRS by 1973, 1016; A 1975, 768; 1981, 1509; 1989, 469) NRS 618.336 Record and logbook of complaints received from employees: Maintenance; contents; accessibility; retention. 1. The Division shall maintain a record of all oral complaints it receives under this chapter from employees or representatives of employees. The record must include a summary of the substance of each such complaint, a listing of any evidence offered to support the complaint, the date the employer was notified of the complaint and a notation of the action taken by the Division as a result of the complaint. The Division shall submit the record quarterly to the advisory council of the Division for review and comment. 2. In addition to the records maintained pursuant to subsection 1, the Division shall maintain a separate logbook which contains a notation of: (a) Each oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm; (b) The action taken by the Division in response to each such complaint, including, as the case may be, a notation of the fact that: (1) A special investigation was not made because the complaint was found to be groundless after a preliminary investigation; (2) A special investigation was made which resulted in a finding that the complaint was based on reasonable grounds and the Division took such action as was deemed appropriate; or (3) A special investigation was made which resulted in a finding that the complaint was not based on reasonable grounds; (c) Each citation issued by the Division to an employer and the reason for its issuance; (d) Each inspection performed regarding the employer; and (e) Each penalty imposed by the Division on an employer and the reason therefor. 3. The Division shall respond to oral or written requests about the information contained in or compiled from the logbook and otherwise act as necessary to disseminate the information which is required to be compiled pursuant to this section. The logbook maintained pursuant to subsection 2 must be open to public inspection during the Division’s regular hours of operation. 4. The Division shall retain the records pertaining to its investigations and the records entered in the logbook maintained pursuant to this section for at least 5 years. (Added to NRS by 1989, 467; A 1993, 1880) NRS 618.341 Records of Division: Public inspection; copying; confidentiality; exception. 1. Except as otherwise provided in this section, the public may inspect all records of the Division which contain information regarding: (a) An oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm; (b) The manner in which the Division acted on any such complaint; (c) Any citation issued by the Division to an employer and the reason for its issuance; and (d) Any penalty imposed by the Division on an employer and the reason therefor. 2. The Division shall, upon oral or written request and payment of any applicable charges, provide to any person a copy of any record of the Division which is open to public inspection pursuant to subsection 1. The first six pages reproduced pursuant to each such request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction. 3. Except as otherwise provided in subsection 4, the Division shall keep confidential: (a) The name of any employee who filed any complaint against an employer or who made any statement to the Division concerning an employer; and (b) Any information which is part of a current investigation by the Division, but the fact that an investigation is being conducted is public information. As used in this subsection, “current investigation” means any investigation conducted before the issuance of a citation or notice of violation or, if no citation or notice of violation is issued, an investigation which is not closed. 4. The Division shall, upon the receipt of a written request from a law enforcement agency, disclose otherwise confidential information to that law enforcement agency for the limited purpose of pursuing a criminal investigation. (Added to NRS by 1989, 468; A 1999, 1856) NRS 618.345 Programs for collection, compilation and analysis of statistics. 1. The Division shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the Division, cover all employments. 2. To carry out the provisions of subsection 1, the Divisio

Vegas Law




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