NRS616B.627. Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees.

      1.  Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of chapters 616A to 616D, inclusive, of NRS. A state agency, political subdivision or metropolitan police department may furnish coverage for industrial insurance for a contractor as specified in the contract.

      2.  In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor:

      (a) In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS; and

      (b) Is otherwise in compliance with those terms, conditions and provisions.

      3.  If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain industrial insurance for himself or herself during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit.

      4.  A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section:

      (a) Must not, for any purpose, be considered to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and

      (b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.

      [29:168:1947; 1943 NCL § 2680.29]—(NRS A 1973, 927; 1981, 1465; 1985, 665; 1993, 549; 2001, 609)