ique firearm, as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or (2) In an antique device which is exempted from the definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States. (Added to NRS by 1991, 2393; A 1993, 772, 1882; 1995, 579, 2037, 2038; 1999, 863, 865) NRS 618.384 Establishment of safety program: Employers encouraged to employ persons who have completed certain training in basic emergency care of persons in cardiac arrest. The Administrator shall encourage all employers who are required to establish a written safety program pursuant to NRS 618.383 to include as a part of that program the employment of a person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that: 1. Included training in the operation and use of an automated external defibrillator; and 2. Was conducted in accordance with the standards of the American Heart Association or the American National Red Cross. (Added to NRS by 1997, 1790; A 1999, 938) NRS 618.385 Employers not to maintain unsafe or unhealthy places of employment. An employer shall not: 1. Require, permit or suffer any employee to go or be in any employment or place of employment which is not safe and healthful. 2. Fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe and healthful. 3. Fail or neglect to do every other thing reasonably necessary to protect the life, safety and health of such employees. 4. Maintain any place of employment that is not safe and healthful. (Added to NRS by 1973, 1018; A 1975, 770) NRS 618.395 Construction and maintenance of unsafe or unhealthy place of employment prohibited. An employer, owner or lessee of any real property in this State shall not construct, cause to be constructed or maintained any place of employment that is not safe and healthful. (Added to NRS by 1973, 1018; A 1975, 770) NRS 618.405 Removal of or interference with safety devices or safeguards by employee prohibited. 1. An employee shall not remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person. 2. An employee shall not interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment or place of employment. 3. Each employee shall comply with occupational safety and health standards and all rules, which are applicable to his own actions and conduct. (Added to NRS by 1973, 1018) NRS 618.415 Permanent variances from standards. Any affected employer may apply to the Administrator for a rule or order for a permanent variance from a standard adopted under this chapter. Affected employees must be given notice of each application and an opportunity to participate in a hearing. The Administrator shall issue the rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the permanent variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order must prescribe the conditions the employer must maintain, the practices, means, methods, operations or processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees or by the Administrator on his own motion, in the manner prescribed for its issuance under this subsection at any time after 6 months after its issuance. (Added to NRS by 1973, 1013; A 1977, 584; 1981, 586; 1993, 1883) NRS 618.417 Variance from standard: Participation in experiments to safeguard health or safety. The Administrator may grant a variance from any standard or portion thereof whenever he determines that a variance is necessary to permit an employer to participate in an experiment designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. (Added to NRS by 1977, 584; A 1993, 1884) NRS 618.419 Variance from standard: Application for temporary order; notice and hearing. 1. Any employer may apply to the Administrator for a temporary order granting a variance from a standard which has been adopted pursuant to this chapter but has not become effective. The temporary order may be granted only if the employer files an application which meets the requirements of subsection 2 and, after notice to the affected employees and an opportunity for a hearing, establishes that: (a) He will not be able to comply with the standard by its effective date because of the unavailability of necessary professional or technical personnel or materials and equipment or because necessary construction or alteration of facilities cannot be completed by that date; (b) He is taking all available steps to safeguard his employees against the hazards covered by the standard; and (c) He has a program which will bring the working conditions into compliance with the standard as quickly as practicable. 2. The application for such a temporary order must contain: (a) A specification of the standard or portion thereof from which the employer seeks a variance; (b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor; (c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard; (d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard; and (e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed must be contained in the certification. The information to employees must also inform them of their right to petition to the Administrator for a hearing. (Added to NRS by 1977, 585; A 1993, 1884) NRS 618.421 Variance from standard: Contents; period of effectiveness and renewal of temporary order; interim order. 1. Every temporary order granting a variance from a standard which has not become effective must prescribe: (a) The practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect; and (b) The program to be carried out by the employer to achieve compliance with the standard. 2. Such a temporary order is effective for the period needed by the employer to ac

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