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hieve compliance with the standard or 1 year, whichever period is shorter. The temporary order may be renewed, but not more than twice, if:
(a) The requirements of subsection 1 of NRS 618.419 are met; and
(b) An application for renewal is filed at least 90 days before the expiration date of the order.
Each renewal may remain in effect no longer than 180 days.
3. The Administrator may issue one interim order to be effective until a decision is made on the basis of the hearing.
(Added to NRS by 1977, 585; A 1993, 1884)
NRS 618.425 Request for investigation; confidentiality; investigation by Division.
1. Any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice, orally or in writing, to the Administrator or his representative of the violation or danger.
2. The person giving the notice must state with reasonable particularity the grounds for the notice. The name of any employee giving a complaint notice or names of employees mentioned in the complaint must be held confidential. If the complaint is given orally, the Division shall send to the complainant a form upon which he may supplement his oral complaint. His failure to return the form does not affect the Division’s duty to act pursuant to this section.
3. If upon receipt of the notification the Division determines that there are reasonable grounds to believe that a violation or imminent danger exists, it shall make a special investigation within 14 days unless there is a substantial probability that death or serious physical harm could result from the violation or danger, then the investigation must be made immediately after the Administrator receives the notice to determine whether a violation or imminent danger exists. The Division need not investigate a complaint within the times required by this subsection if, from the facts stated in the complaint, the Administrator determines that the complaint is intended solely to harass the employer. If the Division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or other person who gave the notice of such determination within 14 days after the Administrator receives the notice.
(Added to NRS by 1973, 1017; A 1975, 770; 1981, 1511; 1989, 470; 2001, 1252)
NRS 618.435 Complaint of violation before or during inspection of workplace; review of refusal to issue citation; accompaniment of Division’s representative during inspection.
1. Before or during any inspection of a workplace, any employee, representative of employees, provider of health care or governmental officer or employee whose primary duty is to ensure public safety, including a building inspector, building official or other similar authority, may notify the Administrator or any representative of the Administrator responsible for conducting the inspection, orally or in writing, of any violation of this chapter which they have reason to believe exists in the workplace. The Division shall by regulation establish procedures for informal review of any refusal by a representative of the Administrator to issue a citation with respect to any such alleged violation and shall furnish the employees or other persons requesting the review a written statement of the reasons for the Administrator’s final disposition of the case within 14 days after the Administrator receives the notice.
2. An opportunity must be afforded to a representative of the employer and an authorized representative of the employees to accompany the representative of the Division during the physical inspection of the place of employment or, where there is no authorized representative of the employees, consultation must be had with a reasonable number of employees, but no more than one employee may accompany the Division’s representative during the inspection.
3. Any employee of the employer who accompanies the representative of the Division during the inspection pursuant to subsection 2 is entitled to be paid by the employer at his regular rate of pay for the time spent with the representative of the Division inspecting the place of employment if he would have otherwise been compensated for working during that time.
4. For the purposes of this section, “representative of an employee” means a person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer and represents the affected employees.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 1512; 1989, 471; 2001, 1252)
NRS 618.445 Employee protected from discharge or discrimination; procedure for reinstatement.
1. A person shall not discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by this chapter.
2. Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3, after first notifying his employer and the Division of his intention to file the complaint. Any complaint must be filed with the Division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.
3. Upon receipt of the complaint by the Division, the Administrator shall cause such investigation to be made as he deems appropriate. If upon investigation, the Administrator determines that the provisions of subsection 1 have been violated, he shall bring an action in the name of the Administrator in any appropriate district court against the person who has committed the violation.
4. If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.
5. Any decision reached by the Administrator relating to the filing of an action pursuant to this section must be made available to the complaining employee within 90 days after the Division’s receipt of the complaint.
(Added to NRS by 1973, 1024; A 1975, 771; 1981, 1512; 1991, 2434)
NRS 618.455 Advance notice of inspection prohibited; exception. It is unlawful for anyone to give advance notice of an inspection except as authorized by the Administrator.
(Added to NRS by 1973, 1018; A 1993, 1885)
ENFORCEMENT
NRS 618.465 Issuance of citations.
1. If, upon inspection or investigation, the Administrator or his authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order adopted or issued pursuant to this chapter, the Division shall with reasonable promptness issue a citation to the employer. Each citation must be in writing and describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated. In addition the citation must fix a reasonable time for the abatement of the violation. The Administrator may prescribe procedures for the issuance of a notice in lieu of a citation with respect to:
(a) Minor violations which have no direct or immediate relationship to safety or health; and
(b) Violations which are not serious and which the employer agrees to correct within a reasonable time.
2. Each citation issued unde
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