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).

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

1-9 2. The division shall adopt regulations specifying the contents of such

1-10 a document or videotape and establishing requirements for [issuing]

1-11 making the document or videotape available in different languages.

1-12 Sec. 2. NRS 618.383 is hereby amended to read as follows:

1-13 618.383 1. Except as otherwise provided in [subsection 7,]

1-14 subsections 8 and 9, an employer shall establish a written safety program

2-1 and carry out the requirements of the program within 90 days after it is

2-2 established.

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

2-4 (a) The establishment of a training program for employees concerning

2-5 safety in the workplace, particularly in those areas where there have been

2-6 recurring injuries [.] or where explosives are manufactured.

2-7 (b) If an employer has more than 25 employees, or if an employer’s

2-8 employees are engaged in the manufacture of explosives, the

2-9 establishment of a safety committee. The safety committee must include

2-10 representatives of employees. If the employees are represented by a labor

2-11 organization, the representatives of employees must be selected by the

2-12 employees and not appointed by the employer.

2-13 3. A representative of employees while engaging in the business of a

2-14 safety committee, including attendance at meetings, authorized inspections

2-15 or any other activity of the committee, must be paid by his employer as if

2-16 that employee were engaged in his usual work activities.

2-17 4. The written safety program and all training programs required

2-18 pursuant to this section must be conducted and made available in a

2-19 language and format that is understandable to each employee.

2-20 5. The administrator of the division shall adopt regulations establishing

2-21 the minimum requirements for a written safety program.

2-22 [5.] 6. The administrator of the division shall develop and provide each

2-23 employer with a written guide for establishing a written safety program.

2-24 [6.] 7. An employer who contracts with a temporary employment

2-25 service shall provide specialized training concerning safety for the

2-26 employees of the service before they begin work at each site or as soon as

2-27 possible thereafter.

2-28 [7.] 8. An employer who has 10 or fewer employees is exempted from

2-29 the provisions of this section unless the employer [has] :

2-30 (a) Has been identified pursuant to NRS 616B.206 as having excessive

2-31 losses [.] ; or

2-32 (b) Has employees engaged in the manufacture of explosives.

2-33 9. For the purposes of this section, an employer in the mining

2-34 industry shall not be deemed to be a manufacturer of explosives.

2-35 10. Except as otherwise provided in subsection 11, as used in this

2-36 section, "explosives" means gunpowders, powders used for blasting, all

2-37 forms of high explosives, blasting materials, fuses other than electric

2-38 circuit breakers, detonators and other detonating agents, smokeless

2-39 powders, other explosive or incendiary devices and any chemical

2-40 compound, mechanical mixture or device that contains any oxidizing and

2-41 combustible units, or other ingredients, in such proportions, quantities or

2-42 packing that ignition by fire, friction, concussion, percussion or

3-1 detonation of the compound, mixture or device or any part thereof may

3-2 cause an explosion.

3-3 11. For the purposes of this section, an explosive does not include:

3-4 (a) Ammunition for small arms, or any component thereof;

3-5 (b) Black powder commercially manufactured in quantities that do

3-6 not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

3-7 quills, quick and slow matches, and friction primers that are intended to

3-8 be used solely for sporting, recreation or cultural purposes:

3-9 (1) In an antique firearm, as that term is defined in 18 U.S.C. §

3-10 921(a)(16), as that section existed on January 1, 1999; or

3-11 (2) In an antique device which is exempted from the definition of

3-12 "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section

3-13 existed on January 1, 1999; or

3-14 (c) Any explosive that is manufactured under the regulation of a

3-15 military department of the United States, or that is distributed to, or

3-16 possessed or stored by, the military or naval service or any other agency

3-17 of the United States, or an arsenal, a navy yard, a depot or any other

3-18 establishment owned by or operated on behalf of the United States.

3-19 Sec. 3. Section 119.5 of chapter 580, Statutes of Nevada 1995, at page

3-20 2038, is hereby amended to reads as follows:

3-21 Sec. 119.5. NRS 618.383 is hereby amended to read as

3-22 follows:

3-23 618.383 1. Except as otherwise provided in subsections 8 and

3-24 9, an employer shall establish a written safety program and carry

3-25 out the requirements of the program within 90 days after it is

3-26 established.

3-27 2. The written safety program must include:

3-28 (a) The establishment of a training program for employees

3-29 concerning safety in the workplace, particularly in those areas

3-30 where there have been recurring injuries or where explosives are

3-31 manufactured.

3-32 (b) If an employer has more than 25 employees, or if an

3-33 employer’s employees are engaged in the manufacture of

3-34 explosives, the establishment of a safety committee. The safety

3-35 committee must include representatives of employees. If the

3-36 employees are represented by a labor organization, the

3-37 representatives of employees must be selected by the employees and

3-38 not appointed by the employer.

3-39 3. A representative of employees while engaging in the

3-40 business of a safety committee, including attendance at meetings,

3-41 authorized inspections or any other activity of the committee, must

3-42 be paid by his employer as if that employee were engaged in his

3-43 usual work activities.

4-1 4. The written safety program and all training programs

4-2 required pursuant to this section must be conducted and made

4-3 available in a language and format that is understandable to each

4-4 employee.

4-5 5. The administrator of the division shall adopt regulations

4-6 establishing the minimum requirements for a written safety

4-7 program.

4-8 6. The administrator of the division shall develop and provide

4-9 each employer with a written guide for establishing a written safety

4-10 program.

4-11 7. An employer who contracts with a temporary employment

4-12 service shall provide specialized training concerning safety for the

4-13 employees of the service before they begin work at each site or as

4-14 soon as possible thereafter.

4-15 8. An employer who has 10 or fewer employees is exempted

4-16 from the provisions of this section unless the employer [:

4-17 (a) Has been identified pursuant to NRS 616.380 as having

4-18 excessive losses; or

4-19 (b) Has] has employees engaged in the manufacture of

4-20 explosives.

4-21 9. For the purpose of this section, an employer in the mining

4-22 industry shall not be deemed to be a manufacturer of explosives.

4-23 10. Except as otherwise provided in subsection 11, as used in

4-24 this section, "explosives" means gunpowders, powders used for

4-25 blasting, all forms of high explosives, blasting materials, fuses other

4-26 than electric circuit breakers, detonators and other detonating

4-27 agents, smokeless powders, other explosive or incendiary devices

4-28 and any chemical compound, mechanical mixture or device that

4-29 contains any oxidizing and combustible units, or other ingredients,

4-30 in such proportions, quantities or packing that ignition by fire,

4-31 friction, concussion, percussion or detonation of the compound,

4-32 mixture or device or any part thereof may cause an explosion.

4-33 11. For the purposess of this section, an explosive does not

4-34 include:

4-35 (a) Ammunition for small arms, or any component thereof;

4-36 (b) Black powder commercially manufactured in quantities that

4-37 do not exceed 50 pounds, percussion caps, safety and pyrotechnic

4-38 fuses, quills, quick and slow matches, and friction primers that are

4-39 intended to be used solely for sporting, recreation or cultural

4-40 purposes:

4-41 (1) In an antique firearm, as that term is defined in 18 U.S.C.

5-1 (2) In an antique device which is exempted from the definition

5-2 of "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that

5-3 section existed on January 1, 1999; or

5-4 (c) Any explosive that is manufactured under the regulation of a

5-5 military department of the United States, or that is distributed to, or

5-6 possessed or stored by, the military or naval service or any other

5-7 agency of the United States, or an arsenal, a navy yard, a depot or

5-8 any other establishment owned by or operated on behalf of the

5-9 United States.

5-10 Sec. 4. This act becomes effective upon passage and approval.