Nevada OSHA announces COVID-19 business compliance finding for end of July

Local News

LAS VEGAS (KLAS) — Today, the Division of Industrial Relations has announced that violation of required workplace health and safety measures has resulted in Nevada OSHA issuing notices of citation and penalty.

Three investigations remain open and potential citations are pending.

A citation to Vino 100 was issued after officials observed noncompliance with one or more requirements of general and industry-specific guidance and directives during both an initial observation and a follow-up visit by division officials.

The employer was provided notice and a request for compliance during the first visit. Upon observation of ongoing non-compliance during a follow-up visit, a formal investigation was opened with the employer.

In addition, a notice was provided indicating that in the event of future non-compliance, the Administrator may issue an order requiring the business to cease all activity at that location during this state of emergency until the business established and implemented operating procedures to comply with the requirements.

Follow up visits have been conducted at 431 businesses where Nevada OSHA officials found that 94% of those locations are now in compliance. Twelve businesses have received citations.

Since initial observations to determine compliance with mandated health and safety measures began, Division of Industrial Relations officials have visited 4,596 business establishments in northern and southern Nevada.

The compliance rate for all business sectors statewide at the time of initial observation is 88%, with a 90% compliance rate in northern Nevada, and 87% in the south.

Initial observation compliance rates have increased significantly since the first full week observations began:

  • June 29- July 3: 84% of businesses in northern Nevada in compliance, 66 percent in southern Nevada
  • July 27- July 31: 93% of businesses in northern Nevada in compliance, 94 percent in southern Nevada

Initial observations will continue this week, focusing on rural areas of the state where increased cases are being reported by state health officials.

In addition to the field observation process, Nevada OSHA continues respond to complaints and referrals regarding face coverings, social distancing, cleaning and disinfection, and other areas of concern related to COVID-19 received by their offices.

More than 2,100 complaints have been received since mid-March. General retail establishments were the subject of the highest percentage of complaints filed (26%), followed by restaurants (15%).

The majority of filed complaints are addressed and resolved through an employer inquiry and response process.

In instances where the inquiry process does not provide a satisfactory response or resolution of the complaint, an investigation is opened.

A notice of citation and penalty is issued to the business if a violation is found as a result of the investigation.

Employers should note that an updated version of Nevada OSHA’s Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan was published on July 29 and can be found on their website.

The updated document states that Nevada OSHA does not recognize face shields as an alternative to or as an effective face-covering as required by Section 4 of the Nevada Declaration of Emergency Directive 024. The face-covering must effectively control the breathing zone and restrain any expelled or exhaled water droplets within the covering. Industry-specific guidance and links to all of the Emergency Directives can be found at http://nvhealthresponse.nv.gov.

Workplace health and safety complaints can be reported to the Division by filing an online complaint.

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