to one or more employees or which results in the hospitalization of three or more employees must be reported by the employer orally to the nearest office of the Division within 8 hours after the time that the accident is reported to any agent or employee of the employer. A report submitted to the Division pursuant to the provisions of this subsection must include: (a) The name of the employer; (b) The location and time of the accident; (c) The number of employees killed or hospitalized as a result of the accident; (d) A brief description of the accident; and (e) The name of a person who may be contacted by the Division for further information. Upon receipt of such a report, the Division shall notify the employer of the estimated time that the Division’s investigator will arrive at the site of the accident. The Division shall initiate an investigation at the site of the accident within 8 hours after receiving the report. 2. An industrial insurer shall provide to the Division a monthly report setting forth the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employer’s Standard Industrial Classification or his classification for the purposes of industrial insurance. The Division shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, “industrial insurer” has the meaning ascribed to the term “insurer” in NRS 616A.270. 3. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect. 4. The Division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require. 5. Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the Division. (Added to NRS by 1991, 2432; A 1993, 2805; 1995, 74) NRS 618.379 Dismantling or removal of equipment causing fatal accident or accident requiring hospitalization of employees prohibited under certain circumstances; questioning of persons necessary for investigation. 1. Except as otherwise provided in subsection 2, if any accident occurring in the course of employment is fatal to one or more employees or results in the hospitalization of three or more employees, and is caused, in whole or in part, by any equipment located at the site of the accident, no person may dismantle or otherwise move that equipment until the division has investigated the accident and has authorized the dismantling or removal of the equipment. 2. The provisions of subsection 1 do not apply if the dismantling or removal of the equipment is necessary to free any person trapped by the equipment or to ensure the safety of or to prevent further injury to any person. If any equipment is dismantled or moved to free a trapped person, the equipment may be dismantled or moved only to the extent necessary to free the person. 3. Upon the occurrence of an accident described in subsection 1, the employer of an injured employee shall, upon the arrival of an investigator of the Division at the site of the accident, make available for questioning in a reasonable amount of time any person employed by the employer who is determined by the investigator to be necessary for the completion of the investigation, including the immediate supervisor of any injured employee and any employee who witnessed the accident. 4. As used in this section, “accident occurring in the course of employment” does not include: (a) An accident involving a motor vehicle that is being operated on a public highway in this State. (b) A homicide committed at an employer’s place of business. (Added to NRS by 1995, 73) NRS 618.380 Employee to be notified of harmful exposure and corrective action. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard adopted under this chapter, and shall inform such employee of any action being taken to correct the condition. (Added to NRS by 1975, 775) NRS 618.383 Establishment of safety program: Duties of certain employers; requirements of program; training for temporary employees; regulations; exemption. 1. Except as otherwise provided in subsections 8 and 9, an employer shall establish a written safety program and carry out the requirements of the program within 90 days after it is established. 2. The written safety program must include: (a) The establishment of a training program for employees concerning safety in the workplace, particularly in those areas where there have been recurring injuries or where explosives are manufactured. (b) If an employer has more than 25 employees, or if an employer’s employees are engaged in the manufacture of explosives, the establishment of a safety committee. The safety committee must include representatives of employees. If the employees are represented by a labor organization, the representatives of employees must be selected by the employees and not appointed by the employer. 3. A representative of employees while engaging in the business of a safety committee, including attendance at meetings, authorized inspections or any other activity of the committee, must be paid by his employer as if that employee were engaged in his usual work activities. 4. The written safety program and all training programs required pursuant to this section must be conducted and made available in a language and format that is understandable to each employee. 5. The Administrator of the Division shall adopt regulations establishing the minimum requirements for a written safety program. 6. The Administrator of the Division shall develop and provide each employer with a written guide for establishing a written safety program. 7. An employer who contracts with a temporary employment service shall provide specialized training concerning safety for the employees of the service before they begin work at each site or as soon as possible thereafter. 8. An employer who has 10 or fewer employees is exempted from the provisions of this section unless the employer has employees engaged in the manufacture of explosives. 9. For the purposes of this section, an employer in the mining industry shall not be deemed to be a manufacturer of explosives. 10. Except as otherwise provided in subsection 11, as used in this section, “explosives” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion. 11. For the purposes of this section, an explosive does not include: (a) Ammunition for small arms, or any component thereof; (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes: (1) In an ant

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