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Nevada Operations Manual (NOM) December 2020

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Nevada Operations Manual (NOM) December 2020 STATE OF NEVADA Department of Business and Industry Division of Industrial Relations OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Nevada Operations Manual (NOM) December 2020 Executive Summary This Manual, revised January, 2017 cancels and replaces the Nevada Operations Manual (NOM) revision February 2013 and this document constitutes Nevada OSHA’s (NVOSHA) general enforcement policies and procedures manual for use by the NVOSHA District Offices in conducting inspections, issuing citations, and proposing penalties. The State of Nevada, under an agreement with Federal OSHA, operates an occupational safety and health program in accordance with Section 18 of the Occupational Safety and Health Act of 1970. Initial approval of the Nevada State Plan was published on January 4, 1974, and Final approval was published on April 18, 2000. The Nevada State Plan applies to all public and private sector employers in the State, with some exceptions, including, but not limited to Federal employees, the United States Postal Service (USPS), private sector maritime, employment on Indian lands, and areas of exclusive Federal jurisdiction. See NRS 618.315; 29 CFR 1952.295. The Administrator of the Division of Industrial Relations (the Administrator) is charged with enforcing the Nevada Occupational Safety and Health Act (the Act), NRS 618.005 et seq. He is also the Nevada State Plan designee. Under the Act, the Division of Industrial Relations is administered by the Department of Business and Industry and a decision on any question under the Act must be a decision of the Administrator, subject to review by the Department. Thus, either the Administrator of the Division of Industrial Relations or the Director of the Department of Business and Industry may, as they deem appropriate, participate in any activity authorized by the Act or set forth in this Operations Manual. NEVADA OPERATIONS MANUAL (Revised December 2020) - 2 - Table of Contents Significant Changes • Chapter 1 – Removed language regarding professionalism. “Some people do not like the government sticking its nose into their business…We can also require employers to change the way they do business, in order to meet a code requirement, sometimes at great expense. Employees working in these situations have been disciplined, and on occasion terminated, because they were not following code requirements during a NVOSHA inspection. For these and a multitude of other reasons, employers and employees alike often fear our agency.” (1.5) • Chapter 2 - Removed “…as well as complaints and referrals that do not involve imminent danger situations” regarding VPP participant inspection exemptions (2.3.a) • Chapter 2 – Added reference to Nevada Consultation Policies and Procedures Manual via hyperlink (2.3.2.B) • Chapter 3 – Added language regarding CSHO training and prevention programs associated with Workplace Violence (3.2.c.5) • Chapter 3 – Added reference to 29 CFR 1908.7(b)(2) regarding the termination of on-site consultation visits in progress (3.5.d.1.B) • Chapter 4 – Added “When a source of an identified hazard involves interrelated violations of different standards, the violations can be grouped into a single violation. The following situations normally call for grouping violations:” regarding the grouping of violations (4.10.b) • Chapter 6 – Amended language to say “…, the maximum GBP may be proposed.” (3.a.5.B) • Chapter 6 - A reference to the Annual Adjustments to OSHA Civil Penalties memorandum has now been included (6.3.b.1.A) • Chapter 6 – Added language that prohibits reductions in the event an employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye (6.3.b.3.A) • Chapter 6 – Amended language regarding minimum penalties associated with Willful Regulatory citations. New language requires that the penalty after reductions shall be no less than the statutory minimum (6.6.c.2) • Chapter 6 - Amended language regarding penalties for failure to abate. In situations where there was no initial proposed penalty, the language requires that in no case shall the GBP be less than amounts listed in OSHA’s Civil Penalties memorandum (6.7.b.2) • Chapter 6 – Total proposed penalty has been amended to reflect the FOM’s total proposed penalty of $180,000, which is used to define a significant enforcement action (aka significant case). The total proposed penalty has (6.9.a and b) NEVADA OPERATIONS MANUAL (Revised December 2020) - 3 - Table of Contents • Chapter 11 – Removed language directing CSHOs to not keep copies of sensitive documents involving fatalities in the case file. NEVADA OPERATIONS MANUAL (Revised December 2020) - 4 - Table of Contents Disclaimer This manual is intended to provide instruction regarding some of the internal operations of the Nevada Occupational Safety and Health Administration (NVOSHA), and is solely for the benefit of the State of Nevada Government. No duties, rights, or benefits, substantive or procedural, are created or implied by this manual. The contents of this manual are not enforceable by any person or entity against the Division of Industrial Relations or the State of Nevada. Statements, which reflect current Nevada Occupational Safety and Health Review Board or court precedents, do not necessarily indicate acquiescence with those precedents. NEVADA OPERATIONS MANUAL (Revised December 2020) - 5 - Table of Contents Chapter 1 TABLE OF CONTENTS Executive Summary 2 Significant Changes 3 Disclaimer 5 Table of Contents 6 CHAPTER 1 - INTRODUCTION 1.1 Purpose 19 1.2 Scope 19 1.3 References 19 1.4 Definitions and Terminology 19 a. The NVOSH Act b. Compliance Safety and Health Officer (CSHO) c. He/She and His/Hers d. Professional Judgement e. Workplace and Worksite f. SCATS g. Chief Administrative Officer (CAO) 1.5 Professionalism 19 CHAPTER 2 – PROGRAMING PLANNING 2.1 Introduction 21 2.2 District Office Responsibilities 21 a. Providing Assistance to Small Employers b. Outreach Program c. Responding to Requests for Assistance 2.3 Cooperative Programs Overview 22 a. Voluntary Protection Program (VPP) b. Onsite Consultation Program c. Alliance Program 2.4 Enforcement Program Scheduling 22 a. General b. Inspection Priority Criteria c. Effect of Contest d. Enforcement Exemptions and Limitations e. Preemption by a Federal Agency NEVADA OPERATIONS MANUAL (Revised December 2020) 0 Table of Contents Chapter 1 f. United States Postal Service g. Home Based Worksites h. Inspection/Investigation Types 2.5 Unprogrammed Activity – Hazard Evaluation and Inspection 26 Scheduling 2.6 Programmed Inspections 26 a. Inspection Targeting Program (ITP) b. Scheduling for Construction Inspections c. Scheduling for Maritime Inspections d. Special Emphasis Programs (SEP) e. National Emphasis Programs (NEP) f. Local Emphasis Programs (LEP) and Regional Emphasis Programs (REP) g. Other Special Programs h. Inspection Scheduling and Interface With Cooperative Program Participants CHAPTER 3 – INSPECTION PROCEDURES 3.1 Inspection Preparation 33 3.2 Inspection Planning 33 a. Review of Inspection History b. Review of Cooperative Program Participation c. Safety and Health Issues Relating to CSHOs d. Advance Notice e. Pre-Inspection Compulsory Process f. Personal Security Clearance g. Expert Assistance 3.3 Inspection Scope 37 a. Comprehensive b. Partial 3.4 Conduct of Inspections 37 a. Time of Inspection b. Presenting Credentials c. Refusal to Permit Inspection and Interference d. Employee Participation e. Release for Entry f. Bankrupt or Out of Business g. Employee Responsibilities h. Strike or Labor Dispute i. Variances 3.5 Opening Conference 41 a. General NEVADA OPERATIONS MANUAL (Revised December 2020) 1 Table of Contents Chapter 1 b. Review of Appropriation Action Exemptions and Limitation c. Review Screening for Process Safety Management (PSM) Coverage d. Review of Voluntary Compliance Programs e. Disruptive Conduct f. Classified Areas 3.6 Review of Records 46 a. Safety and Health and Other Record Reviews b. Injury and Illness Records 3.7 Walkaround Inspection 48 a. Walkaround Representatives b. Evaluation of Written Safety and Health Program c. Record All Facts Pertinent to a Violation d. Testifying in Hearings e. Trade Secrets f. Collecting Samples g. Photographs and Video Recording h. Violations of Other Laws i. Interviews of Non-Managerial Employees j. Multi-Employer Worksites k. Administrative Subpoena l. Employer Abatement Assistance 3.8 Closing Conference 56 a. Participants b. Discussion Items c. Advice to Attendees d. Penalties e. Feasible Administrative, Work Practice and Engineering Controls f. Reducing Employee Exposure g. Abatement Verification h. Employee Discrimination 3.9 Special Inspection Procedures 59 a. Follow-Up and Monitoring Inspections b. Construction Inspections CHAPTER 4 - VIOLATIONS 4.1 Basis of Violations 62 a. Standards and Regulations b. Employee Access c. Regulatory Requirements d. Hazard Communication e. Employer/Employee Responsibilities NEVADA OPERATIONS MANUAL (Revised December 2020) 2 Table of Contents Chapter 1 4.2 Serious Violations 66 a. NRS 618.625(2) b. Establishing Serious Violations c. Four Steps to be Documented 4.3 General Duty Requirements – NRS 618.375(1) 70 a. Evaluation of General Duty Requirements b. Elements of a General Duty Requirement Violation c. Use of the General Duty Clause d. Limitations of Use of the General Duty Clause e. Classification of Violations Cited Under the General Duty Clause f. Procedures for Implementation of NRS 618.375 Enforcement 4.4 Other-Than-Serious Violations 79 4.5 Willful Violations
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