AB112

Assembly Bill No. 112–Committee on Commerce and Labor

CHAPTER........

AN ACT relating to occupational safety; requiring the division of industrial relations of the

department of business and industry to establish standards and procedures for places

of employment where explosives are manufactured; providing exceptions; requiring

annual certification of such places of employment and of persons training

employees at those places of employment; requiring the disclosure of confidential

information of the division to law enforcement agencies under certain

circumstances; authorizing the legal counsel of the division to prosecute certain

criminal violations of laws relating to labor and industrial relations; providing

administrative penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 618 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. 1. The division shall adopt regulations establishing

standards and procedures for places of employment where explosives are

manufactured, or where an explosive is used, processed, handled, moved

on site or stored in relation to its manufacture, including, without

limitation, regulations requiring the:

(a) Establishment and implementation of safety plans and procedures;

(b) Establishment of safety zones at or around such places of

employment;

(c) Annual certification of such places of employment;

(d) Annual certification of trainers, production managers, supervisors

and other persons designated by an employer to provide an annual

training and testing program for employees; and

(e) Establishment and implementation of programs for the annual

training and testing of employees who are engaged in the manufacture of

an explosive, or the use, processing, handling, on-site movement or

storage of an explosive that is related to its manufacture, that will be

conducted by a trainer, production manager, supervisor or any other

person certified pursuant to paragraph (d).

2. If the standards and procedures adopted pursuant to this section

conflict with any ordinances of a local governing body regulating

explosives, the more stringent standard applies.

3. Except as otherwise provided in subsection 2, compliance with an

ordinance of a local governing body regulating explosives does not

excuse any person from complying with the standards and procedures

adopted by the division pursuant to this section.

4. Each employer engaged in the manufacture of explosives shall

provide to each of his employees, who in the course of their employment

are directly involved in the manufacture of explosives, or the handling of

an explosive or any hazardous component thereof, an annual training

and testing program that has been approved by the division in

accordance with subsection 1. The annual training must be conducted by

a trainer, production manager, supervisor or other person certified by the

division to provide such training. An employer shall not allow an

employee to engage in employment that requires the employee to be

directly involved in the manufacture of explosives, or the handling of an

explosive or any hazardous component thereof, until the employee has

completed the applicable training and testing program required pursuant

to this subsection. Any violation of this subsection by an employer

constitutes a serious violation which is subject to the provisions of NRS

618.645.

5. Notwithstanding any provision of this section to the contrary, the

provisions of this section do not apply to the mining industry.

6. Except as otherwise provided in subsection 7, as used in this

section, "explosive" means gunpowders, powders used for blasting, all

forms of high explosives, blasting materials, fuses other than electric

circuit breakers, detonators and other detonating agents, smokeless

powders, other explosive or incendiary devices and any chemical

compound, mechanical mixture or device that contains any oxidizing and

combustible units, or other ingredients, in such proportions, quantities or

packing that ignition by fire, friction, concussion, percussion, or

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

cause an explosion.

7. For the purposes of this section, an explosive does not include:

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

(b) Black powder commercially manufactured in quantities that do

not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

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

be used solely for sporting, recreation or cultural purposes:

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

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

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

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

existed on January 1, 1999; or

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

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

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

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

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

Sec. 3. 1. An applicant for the issuance or renewal of certification

as a trainer, production manager, supervisor or other person designated

by an employer to provide annual training and testing programs to

employees pursuant to section 2 of this act shall submit with his

application the statement prescribed by the welfare division of the

department of human resources pursuant to NRS 425.520. The statement

must be completed and signed by the applicant.

2. The division shall include the statement required pursuant to

subsection 1 in:

(a) The application or any other forms that must be submitted for the

issuance or renewal of the certification; or

(b) A separate form prescribed by the division.

3. Certification as a trainer, production manager, supervisor or other

person designated by an employer to provide annual training and testing

programs to employees pursuant to section 2 of this act may not be issued

or renewed pursuant to section 2 of this act if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that

he is subject to a court order for the support of a child and is not in

compliance with the order or a plan approved by the district attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to

subsection 1 that he is subject to a court order for the support of a child

and is not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the person to whom the

application was submitted shall advise the applicant to contact the district

attorney or other public agency enforcing the order to determine the

actions that the applicant may take to satisfy the arrearage.

Sec. 4. An application for the issuance of certification as a trainer,

production manager, supervisor or other person designated by an

employer to provide annual training and testing programs to employees

pursuant to section 2 of this act must include the social security number

of the applicant.

Sec. 5. 1. If the division receives a copy of a court order issued

pursuant to NRS 425.540 that provides for the suspension of all

professional, occupational and recreational licenses, certificates and

permits issued to a person who has been certified as a trainer, production

manager, supervisor or other person designated by an employer to

provide annual training and testing programs to employees pursuant to

section 2 of this act, the division shall deem the certification issued to

that person to be suspended at the end of the 30th day after the date on

which the court order was issued unless the division receives a letter

issued by the district attorney or other public agency pursuant to NRS

425.550 to the person who has been issued the certification stating that

the person has complied with the subpoena or warrant or has satisfied

the arrearage pursuant to NRS 425.560.

2. The division shall reinstate the certification of a trainer,

production manager, supervisor or other person designated by an

employer to provide annual training and testing programs to employees

pursuant to section 2 of this act that has been suspended by a district

court pursuant to NRS 425.540 if the division receives a letter issued by

the district attorney or other public agency pursuant to NRS 425.550 to

the person whose certification was suspended stating that the person

whose certification was suspended has complied with the subpoena or

warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 6. NRS 618.341 is hereby amended to read as follows:

618.341 1. Except as otherwise provided in this section, the public

may inspect all records of the division which contain information

regarding:

(a) An oral or written complaint filed by an employee or a representative

of employees alleging the existence of an imminent danger or a violation of

a safety or health standard that threatens physical harm;

(b) The manner in which the division acted on any such complaint;

its issuance; and

(d) Any penalty imposed by the division on an employer and the reason

therefor.

2. The division shall, upon oral or written request and payment of any

applicable charges, provide to any person a copy of any record of the

division which is open to public inspection pursuant to subsection 1. The

first six pages reproduced pursuant to each such request must be provided

without charge. The charge for each additional page copied must not

exceed the cost of reproduction.

3. [~~The]~~ Except as otherwise provided in subsection 4, the division

shall keep confidential:

(a) The name of any employee who filed any complaint against an

employer or who made any statement to the division concerning an

employer; and

(b) Any information which is part of a current investigation by the

division, but the fact that an investigation is being conducted is public

information.

~~[For the purposes of]~~ As used in this subsection, "current investigation"

means any investigation conducted before the issuance of a citation or

notice of violation or, if no citation or notice of violation is issued, an

investigation which is not closed.

4. The division shall, upon the receipt of a written request from a law

enforcement agency, disclose otherwise confidential information to that

law enforcement agency for the limited purpose of pursuing a criminal
investigation.

Sec. 7. NRS 618.365 is hereby amended to read as follows:

618.365 1. This chapter does not supersede or in any manner affect

the Nevada Industrial Insurance Act [,] or the Nevada Occupational

Diseases Act or enlarge, diminish or affect in any other manner the

common law or statutory rights, duties or liabilities of employers and

employees under the laws of this state with respect to injuries, occupational

or other, diseases or death of employees arising out of or in the course of

employment.
2. Statements, reports and information obtained or received by the

division in connection with an investigation under, or the administration or

enforcement of, the provisions of this chapter must not be admitted as

evidence in any civil action other than an action for enforcement, variance

hearing or review under this chapter.

3. Any report of investigation or inspection or any information

concerning trade secrets or secret industrial processes obtained under this

chapter must not be disclosed or open to public inspection , except [~~as]~~ :

(a) As such information may be disclosed to other officers or employees

concerned with carrying out this chapter [~~or when]~~ ;

(b) When relevant in any court proceeding under this chapter [.] ; or

(c) As otherwise provided in NRS 618.341.

4. The division, the courts, and where applicable, the review board

may issue such orders as may be appropriate to protect the confidentiality

of trade secrets.

Sec. 7.5. NRS 232.660 is hereby amended to read as follows:

232.660 1. The administrator may:

(a) Appoint one or more legal counsel to provide services for the

division. If appointed, they are in the unclassified service of the state.

(b) Provide for contract services to be rendered by such other legal

counsel as are needed for assistance in administering the laws relating to

labor and industrial relations.

2. Each of the legal counsel must be an attorney admitted to practice

law in Nevada.

3. In the prosecution of all claims and actions referred to him, a legal

counsel has the same power as that vested in the district attorneys of the

several counties to [~~enforce]~~ :

(a) Enforce the laws relating to labor and industrial relations [~~, except~~

~~that a legal counsel does not have the authority to prosecute]~~ ; and

(b) Prosecute for criminal violations of such laws.

Sec. 8. NRS 244.2961 is hereby amended to read as follows:

244.2961 1. The board of county commissioners may by ordinance

create a district for a fire department. The board of county commissioners

is ex officio the governing body of any district created pursuant to this

section and may:

(a) Organize, regulate and maintain the fire department.

(b) Appoint and prescribe the duties of the fire chief.

(d) Regulate or prohibit the storage of any explosive, combustible or

inflammable material in or transported through the county, and prescribe

the distance from any residential or commercial area where it may be kept.

Any ordinance adopted pursuant to this paragraph that regulates places

of employment where explosives are stored must be at least as stringent

as the standards and procedures adopted by the division of industrial

relations of the department of business and industry pursuant to section

2 of this act.

(e) Establish, by ordinance, a fire code and other regulations necessary

to carry out the purposes of this section.

(f) Include the budget of the district in the budget of the county.

(g) Hold meetings of the governing body of the district in conjunction

with the meetings of the board of county commissioners without posting

additional notices of the meetings within the district.

2. The other officers and employees of the county shall perform duties

for the district that correspond to the duties they perform for the county.

3. All persons employed to perform the functions of the fire

department are employees of the county for all purposes.

Sec. 9. NRS 266.310 is hereby amended to read as follows:

266.310 The city council may:

1. Organize, regulate and maintain a fire department.

2. Prescribe the duties of the fire chief.

3. Designate arson investigators as peace officers.

4. Regulate or prohibit the storage of any explosive, combustible or

inflammable material in or transported through the city, and prescribe the

distance from any residential or commercial area where it may be kept. Any

ordinance adopted pursuant to this subsection that regulates places of

employment where explosives are stored must be at least as stringent as

the standards and procedures adopted by the division of industrial

relations of the department of business and industry pursuant to section

2 of this act.

5. Establish, by ordinance, a fire code and other regulations necessary

to carry out the purposes of this section.

Sec. 10. NRS 269.220 is hereby amended to read as follows:

269.220 In addition to the powers and jurisdiction conferred by other

laws, the town board or board of county commissioners [~~shall have the~~

~~power and duty to]~~ may regulate the storage of gunpowder and other

explosive or combustible materials. Any ordinance adopted pursuant to

this section that regulates places of employment where explosives are

stored must be at least as stringent as the standards and procedures

adopted by the division of industrial relations of the department of
business and industry pursuant to section 2 of this act.

Sec. 11. NRS 477.030 is hereby amended to read as follows:

477.030 1. Except as otherwise provided in this section, the state fire

marshal shall enforce all laws and adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of [~~combustibles,]~~ :

(1) Combustibles, flammables and fireworks [.

~~(c) The storage and use of explosives]~~ ; and

(2) Explosives in any commercial construction, but not in mining or

the control of avalanches [.

~~(d)]~~

,

under those circumstances that are not otherwise regulated by the

division of industrial relations of the department of business and industry

pursuant to section 2 of this act.

(c) The safety, access, means and adequacy of exit in case of fire from

mental and penal institutions, facilities for the care of children, foster

homes, residential facilities for groups, facilities for intermediate care,

nursing homes, hospitals, schools, all buildings, except private residences,

which are occupied for sleeping purposes, buildings used for public

assembly and all other buildings where large numbers of persons work, live

or congregate for any purpose. As used in this paragraph, "public

assembly" means a building or a portion of a building used for the

gathering together of 50 or more persons for purposes of deliberation,

education, instruction, worship, entertainment, amusement or awaiting

transportation, or the gathering together of 100 or more persons in

establishments for drinking or dining.

[~~(e)]~~ (d) The suppression and punishment of arson and fraudulent claims

or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but,

except with respect to state-owned or state-occupied buildings, his

authority to enforce them or conduct investigations under this chapter is

limited to those counties whose population is less than 35,000, except in

those local jurisdictions in other counties where he is requested to exercise

that authority by the chief officer of the organized fire department of that

jurisdiction.

2. The state fire marshal may set standards for equipment and

appliances pertaining to fire safety or to be used for fire protection within

this state, including the threads used on fire hose couplings and hydrant

fittings.

3. The state fire marshal shall cooperate with the state forester

firewarden in the preparation of regulations relating to standards for fire

retardant roofing materials pursuant to paragraph (e) of subsection 1 of

NRS 472.040.

4. The state fire marshal shall cooperate with the division of child and

family services of the department of human resources in establishing

reasonable minimum standards for overseeing the safety of and directing

the means and adequacy of exit in case of fire from family foster homes and

group foster homes.

5. The state fire marshal shall coordinate all activities conducted

pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f

and 278g, and receive and distribute money allocated by the United States

pursuant to that act.

6. Except as otherwise provided in subsection 10, the state fire marshal

shall:

(a) Investigate any fire which occurs in a county whose population is

less than 35,000, and from which a death results or which is of a suspicious

nature.
(b) Investigate any fire which occurs in a county whose population is

35,000 or more, and from which a death results or which is of a suspicious

nature, if requested to do so by the chief officer of the fire department in

whose jurisdiction the fire occurs.

of a fraudulent claim under an insurance policy for any fire of a suspicious

nature.

(d) Cooperate with any local fire department in the investigation of any

report received pursuant to NRS 629.045.

(e) Provide specialized training in investigating the causes of fires if

requested to do so by the chief officer of an organized fire department.

7. The state fire marshal shall put the Uniform Fire Incident Reporting

System into effect throughout the state and publish at least annually a

summary of data collected under the system.

8. The state fire marshal shall provide assistance and materials to local

authorities, upon request, for the establishment of programs for public

education and other fire prevention activities.

9. The state fire marshal shall:

(a) Assist in checking plans and specifications for construction;

(b) Provide specialized training to local fire departments; and

on request or as he deems necessary.

10. In a county whose population is less than 35,000, the state fire

marshal shall, upon request by a local government, delegate to the local

government by interlocal agreement all or a portion of his authority or

duties if the local government’s personnel and programs are, as determined

by the state fire marshal, equally qualified to perform those functions. If a

local government fails to maintain the qualified personnel and programs in

accordance with such an agreement, the state fire marshal shall revoke the

agreement.

Sec. 12. (Deleted by amendment.)

Sec. 13. Section 2.160 of the charter of the City of Caliente, being

chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read

as follows:

Sec. 2.160 Powers of city council: Fire protection; regulation

of explosives, inflammable materials; fire codes and regulations.

The city council may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.

3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

subsection that regulates places of employment where explosives

are stored must be at least as stringent as the standards and

procedures adopted by the division of industrial relations of the

department of business and industry pursuant to section 2 of this

act.

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 14. Section 2.170 of the charter of the City of Carlin, being

chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to

read as follows:

Sec. 2.170 Powers of board of councilmen: Fire protection;

regulation of explosives, inflammable materials; fire codes and

regulations. The board of councilmen may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.

3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 15. Section 2.165 of the charter of Carson City, being chapter

118, Statutes of Nevada 1985, at page 474, is hereby amended to read as

follows:

Sec. 2.165 Power of board: Regulation of hazardous material.

The board may regulate or prohibit the storage within or

transportation through Carson City of any explosive, combustible,

toxic or other hazardous material. Any ordinance adopted pursuant

to this section that regulates places of employment where

explosives are stored must be at least as stringent as the standards

and procedures adopted by the division of industrial relations of

the department of business and industry pursuant to section 2 of
this act.

Sec. 16. Section 2.200 of the charter of the City of Elko, being chapter

276, Statutes of Nevada 1971, at page 481, is hereby amended to read as

follows:

Sec. 2.200 Powers of board of supervisors: Fire protection;

regulation of explosives, inflammable materials; fire codes and

regulations. The board of supervisors may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.
3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section, and to provide

for the prevention, suppression and extinguishment of fires and

conditions hazardous to life and property from fire, explosion or

combustion, and to provide for the enforcement of all such codes

and regulations by imposing adequate penalties for violations

thereof.

Sec. 17. Section 2.170 of the charter of the City of Gabbs, being

chapter 265, Statutes of Nevada 1971, at page 391, is hereby amended to

read as follows:

Sec. 2.170 Powers of board of councilmen: Fire protection;

regulation of explosives, inflammable materials; fire codes and

regulations. The board of councilmen may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.

3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 18. Section 2.160 of the charter of the City of Henderson, being

chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to

read as follows:

Sec. 2.160 Powers of city council: Fire protection; regulation

of explosives, inflammable materials; fire codes and regulations.

The city council may:

1. Organize, regulate and maintain a fire department.

2. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

3. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 19. Section 2.170 of the charter of the City of Las Vegas, being

chapter 517, Statutes of Nevada 1983, at page 1399, is hereby amended to

read as follows:

Sec. 2.170 Powers of city council: Fire protection; regulation

of explosives, inflammable materials; fire codes and regulations.

The city council may:

1. Organize, regulate and maintain a fire department.

2. Regulate or prohibit the storage in or the transportation

through the city of any explosive, combustible or inflammable

material and prescribe the location within the city where those

materials may be kept. Any ordinance adopted pursuant to this

3. Establish by ordinance a fire code and other regulations

which are necessary to provide for the prevention of and protection

against fires and to carry out the purposes of this section.

4. Suspend or revoke the license of any business for its failure

to comply with any regulation which is adopted pursuant to this

section.

Sec. 20. Section 2.160 of the charter of the City of North Las Vegas,

being chapter 573, Statutes of Nevada 1971, at page 1216, is hereby

amended to read as follows:

Sec. 2.160 Powers of city council: Fire protection; regulation

of explosives, flammable materials; fire codes and regulations.
The city council may:

1. Organize, regulate and maintain a fire department.

2. Regulate or prohibit the storage of any explosive,

combustible or flammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

act.

3. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 21. Section 2.170 of the charter of the City of Wells, being

chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to

read as follows:

Sec. 2.170 Powers of board of councilmen: Fire protection;

regulation of explosives, inflammable materials; fire codes and

regulations. The board of councilmen may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.

3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 22. Section 2.160 of the charter of the City of Yerington, being

chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to

read as follows:

Sec. 2.160 Powers of city council: Fire protection; regulation

of explosives, inflammable materials; fire codes and regulations.

The city council may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his

duties.

3. Regulate or prohibit the storage of any explosive,

combustible or inflammable material in or transported through the

city, and prescribe the distance from any residential or commercial

area where it may be kept. Any ordinance adopted pursuant to this

4. Establish, by ordinance, a fire code and other regulations

necessary to carry out the purposes of this section.

Sec. 23. Sections 3, 4 and 5 of this act expire by limitation on the date

on which the provisions of 42 U.S.C. § 666 requiring each state to establish

procedures under which the state has authority to withhold or suspend, or to

restrict the use of professional, occupational and recreational licenses of

persons who:

1. Have failed to comply with a subpoena or warrant relating to a

proceeding to determine the paternity of a child or to establish or enforce

an obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

Sec. 24. The division of industrial relations of the department of

business and industry shall adopt the regulations required by section 2 of

this act on or before February 1, 2000.

Sec. 25. 1. This section and sections 6, 7 and 7.5 of this act become

effective upon passage and approval.

2. Sections 1 to 5, inclusive, and 8 to 24, inclusive, of this act become

effective upon passage and approval for the purpose of the adoption of

regulations by the division of industrial relations of the department of

business and industry pursuant to section 2 of this act and on February 1,

2000, for all other purposes.