Assembly Bill No. 111–Committee on Commerce and Labor

(On Behalf of Commission on Workplace Safety)

February 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Revises requirements for workplace safety programs. (BDR 53-772)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to safety in the workplace; requiring the establishment of a written safety program in all workplaces where explosives are manufactured or handled; requiring an employer to furnish certain documents and programs related to safety in the workplace in a language and format that is understandable to each of his employees; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 618.376 is hereby amended to read as follows:

1-2 618.376 1. Every employer shall, upon hiring an employee, provide

1-3 the employee with a document or videotape setting forth the rights and

1-4 responsibilities of employers and employees to promote safety in the

1-5 workplace. The document, or evidence of receipt of the videotape, must be

1-6 signed by the employer and employee and placed in the employee’s

1-7 personnel file. The document or videotape shall not be deemed to be a part

1-8 of any employment contract.

1-9 2. The document or videotape must be in a language and format that

1-10 is understandable to each employee.

1-11 3. The division shall adopt regulations specifying the contents of such

1-12 a document . [and establishing requirements for issuing the document in

1-13 different languages.]

2-1 Sec. 2. NRS 618.383 is hereby amended to read as follows:

2-2 618.383 1. Except as otherwise provided in subsection [7,] 8, an

2-3 employer shall establish a written safety program and carry out the

2-4 requirements of the program within 90 days after it is established.

2-5 2. The written safety program must include:

2-6 (a) The establishment of a training program for employees concerning

2-7 safety in the workplace, particularly in those areas where there have been

2-8 recurring injuries [.] or where explosives are manufactured or handled.

2-9 (b) If an employer has more than 25 employees, or if an employer’s

2-10 employees are engaged in the manufacture or handling of explosives, the

2-11 establishment of a safety committee. The safety committee must include

2-12 representatives of employees. If the employees are represented by a labor

2-13 organization, the representatives of employees must be selected by the

2-14 employees and not appointed by the employer.

2-15 3. A representative of employees while engaging in the business of a

2-16 safety committee, including attendance at meetings, authorized inspections

2-17 or any other activity of the committee, must be paid by his employer as if

2-18 that employee were engaged in his usual work activities.

2-19 4. The written safety program and all training programs required

2-20 pursuant to this section must be conducted and made available in a

2-21 language and format that is understandable to each employee.

2-22 5. The administrator of the division shall adopt regulations

2-23 establishing the minimum requirements for a written safety program.

2-24 [5.] 6. The administrator of the division shall develop and provide

2-25 each employer with a written guide for establishing a written safety

2-26 program.

2-27 [6.] 7. An employer who contracts with a temporary employment

2-28 service shall provide specialized training concerning safety for the

2-29 employees of the service before they begin work at each site or as soon as

2-30 possible thereafter.

2-31 [7.] 8. An employer who has 10 or fewer employees is exempted from

2-32 the provisions of this section unless the employer [has] :

2-33 (a) Has been identified pursuant to NRS 616B.206 as having excessive

2-34 losses [.] ; or

2-35 (b) Has employees engaged in the manufacture or handling of

2-36 explosives.

2-37 9. As used in this section, "explosives" means gunpowders, powders

2-38 used for blasting, all forms of high explosives, blasting materials, fuses

2-39 other than electric circuit breakers, detonators and other detonating

2-40 agents, smokeless powders, other explosive or incendiary devices and any

2-41 chemical compound, mechanical mixture or device that contains any

3-1 oxidizing and combustible units, or other ingredients, in such

3-2 proportions, quantities or packing that ignition by fire, friction,

3-3 concussion, percussion or detonation of the compound, mixture or device

3-4 or any part thereof may cause an explosion.

3-5 Sec. 3. Section 119.5 of chapter 580, Statutes of Nevada 1995, at page

3-6 2038, is hereby amended to reads as follows:

3-7 Sec. 119.5. NRS 618.383 is hereby amended to read as

3-8 follows:

3-9 618.383 1. Except as otherwise provided in subsection 8, an

3-10 employer shall establish a written safety program and carry out the

3-11 requirements of the program within 90 days after it is established.

3-12 2. The written safety program must include:

3-13 (a) The establishment of a training program for employees

3-14 concerning safety in the workplace, particularly in those areas

3-15 where there have been recurring injuries or where explosives are

3-16 manufactured or handled.

3-17 (b) If an employer has more than 25 employees, or if an

3-18 employer’s employees are engaged in the manufacture or handling

3-19 of explosives, the establishment of a safety committee. The safety

3-20 committee must include representatives of employees. If the

3-21 employees are represented by a labor organization, the

3-22 representatives of employees must be selected by the employees

3-23 and not appointed by the employer.

3-24 3. A representative of employees while engaging in the

3-25 business of a safety committee, including attendance at meetings,

3-26 authorized inspections or any other activity of the committee, must

3-27 be paid by his employer as if that employee were engaged in his

3-28 usual work activities.

3-29 4. The written safety program and all training programs

3-30 required pursuant to this section must be conducted and made

3-31 available in a language and format that is understandable to each

3-32 employee.

3-33 5. The administrator of the division shall adopt regulations

3-34 establishing the minimum requirements for a written safety

3-35 program.

3-36 6. The administrator of the division shall develop and provide

3-37 each employer with a written guide for establishing a written safety

3-38 program.

3-39 7. An employer who contracts with a temporary employment

3-40 service shall provide specialized training concerning safety for the

3-41 employees of the service before they begin work at each site or as

3-42 soon as possible thereafter.

4-1 8. An employer who has 10 or fewer employees is exempted

4-2 from the provisions of this section unless the employer [:

4-3 (a) Has been identified pursuant to NRS 616.380 as having

4-4 excessive losses; or

4-5 (b) Has] has employees engaged in the manufacture or handling

4-6 of explosives.

4-7 9. As used in this section, "explosives" means gunpowders,

4-8 powders used for blasting, all forms of high explosives, blasting

4-9 materials, fuses other than electric circuit breakers, detonators and

4-10 other detonating agents, smokeless powders, other explosive or

4-11 incendiary devices and any chemical compound, mechanical

4-12 mixture or device that contains any oxidizing and combustible

4-13 units, or other ingredients, in such proportions, quantities or

4-14 packing that ignition by fire, friction, concussion, percussion or

4-15 detonation of the compound, mixture or device or any part thereof

4-16 may cause an explosion.

4-17 Sec. 4. This act becomes effective upon passage and approval.

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