NRS459.38195. Investigation of certain accidents: Powers and duties of Division; duty of owner or operator of facility to cooperate.

      1.  The Division may investigate an accident occurring in connection with a process that involves one or more highly hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which presented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cause of the accident if the owner or operator of the facility:

      (a) Is unwilling to commence and has not commenced an investigation in a timely manner; or

      (b) Is not capable of and has not retained expertise capable of conducting an investigation.

      2.  If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the operation of the facility, cooperate with the Division by:

      (a) Allowing the Division:

             (1) To investigate the accident site and directly related facilities, including, without limitation, control rooms;

             (2) To examine physical evidence; and

             (3) If practicable, to inspect equipment both externally and internally;

      (b) Providing the Division with pertinent documents; and

      (c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the facility and the employees to be represented by legal counsel, management representatives and union representatives during the interviews.

      3.  To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the facility and its employees.

      4.  The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section and may recover its costs for such services from the owner or operator of the facility.

      5.  If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident occurred.

      6.  The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by the Division in conducting the investigation.

      (Added to NRS by 2003, 1594)