Assembly Amendment to Assembly Bill No. 112 (BDR 53-780)
Proposed by: Committee on Commerce and Labor
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 1, by deleting line 5 and inserting:
"
manufactured, or where an explosive is used, processed, handled, transported or stored in relation to its manufacture, including, without limitation,".Amend sec. 2, page 1, line 10, by deleting "
and".Amend sec. 2, page 1, by deleting lines 11 through 13 and inserting:
"
(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, transportation 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).
".Amend sec. 2, page 2, line 8, by deleting "
As" and inserting:"
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
".Amend sec. 2, page 2, between lines 16 and 17, by inserting:
"
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.
".Amend sec. 3, page 2, by deleting lines 18 and 19 and inserting:
"
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".Amend sec. 3, page 2, by deleting lines 28 and 29 and inserting:
"
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".Amend sec. 4, page 3, line 4, by deleting "
an".Amend sec. 4, page 3, by deleting line 5 and inserting:
"
a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees".Amend sec. 4, page 3, line 6, by deleting "
explosives".Amend sec. 5, page 3, line 11, by deleting "
an employee".Amend sec. 5, page 3, by deleting line 12 and inserting:
"
a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees".Amend sec. 5, page 3, line 20, by deleting "
an employee".Amend sec. 5, page 3, by deleting line 21 and inserting:
"
a trainer, production manager, supervisor or other person designated by an employer to provide annual training and testing programs to employees".Amend the bill as a whole by adding a new section designated sec. 7.5, following sec. 7, to read as follows:
"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
(a) Enforce
the laws relating to labor and industrial relations(b) Prosecute
for criminal violations of such laws.".Amend sec. 11, page 6, by deleting lines 14 through 17 and inserting:
"(b) The storage and use of
(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".Amend sec. 12, page 8, by deleting sec. 12 and inserting:
"Sec. 12. (Deleted by amendment.)".
Amend sec. 25, page 13, line 35, by deleting:
"6 and 7" and inserting:
"6, 7 and 7.5".
Amend the title of the bill to read as follows:
"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.".
Amend the summary of the bill to read as follows:
"SUMMARY—Requires establishment of standards and procedures for certain places of employment where explosives are manufactured. (BDR 53-780)".