NRS618.315. Authority of Division over working conditions; limitations; safety orders.  


Latest version.
  •       1.  The Division has authority over working conditions in all places of employment except as limited by subsection 2.

          2.  The authority of the Division does not extend to working conditions which:

          (a) Exist in household domestic service;

          (b) Exist in motor vehicles operating on public highways of this State; or

          (c) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §§ 801 et seq., the Federal Safety Appliance Act, 49 U.S.C. §§ 20301 et seq., or the Federal Railroad Safety Act of 1970, 49 U.S.C. §§ 20101 et seq., and any amendments thereto.

          3.  The Division may:

          (a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the Division.

          (b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.

          (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.

          (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.

          (e) Except as otherwise provided in NRS 618.480, provide the method and frequency of making investigations, examinations and inspections.

          (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.

          (g) Furnish blank forms upon request.

          (h) Provide for adequate notice to each employer or employee of his or her right to administrative review of any action or decision of the Division as set forth in NRS 618.475 and 618.605 and to judicial review.

          (i) Consult with the Health Division of the Department of Health and Human Services with respect to occupational health matters in chapter 617 of NRS.

          (j) Appoint and fix the compensation of advisers who shall assist the Division in establishing standards of safety and health. The Division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.

      (Added to NRS by 1973, 1015, 1406; A 1975, 525, 767; 1977, 86, 582; 1981, 585, 1508; 1991, 2011; 1995, 648; 2011, 1937)