Senate Bill No. 315–Committee on Commerce and Labor

 

(On Behalf of Department of Business and
Industry—Industrial Relations)

 

March 12, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions concerning administration of Nevada occupational safety and health act. (BDR 53‑577)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to occupational safety and health; eliminating the requirement that safety and health representatives have practical experience in certain fields; providing that any person may file a complaint with the division of industrial relations of the department of business and industry alleging the existence of a violation of a safety and health standard or of an imminent danger; providing that an employee of the division may not testify concerning certain information obtained during an investigation and that such information is not subject to subpoena; 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 618.255 is hereby amended to read as follows:

1-2    618.255  1.  The division may employ such qualified employees as in

1-3  the opinion of the administrator are necessary to enforce the provisions of

1-4  this chapter.

1-5    2.  [Any safety and health representative employed by the division

1-6  must have practical experience in the field of construction, trade, craft,

1-7  technical skill, profession or industry in which his services are required.

1-8    3.] The administrator and other employees of the division must not be

1-9  financially interested in any business interfering with, or inconsistent with,

1-10  their duties. Except as otherwise provided in NRS 284.143, the

1-11  administrator and other employees of the division shall give their entire

1-12  time to the business of the division and shall not pursue any other business

1-13  or vocation or hold any office of profit.

1-14    [4.] 3.  An employee of the division shall not serve on any committee

1-15  of any political party.

2-1    Sec. 2.  NRS 618.341 is hereby amended to read as follows:

2-2    618.341  1.  Except as otherwise provided in this section, the public

2-3  may inspect all records of the division which contain information

2-4  regarding:

2-5    (a) An oral or written complaint filed [by an employee or a

2-6  representative of employees alleging] with the administrator or his

2-7  representative that alleges the existence of an imminent danger or a

2-8  violation of a safety or health standard that threatens physical harm;

2-9    (b) The manner in which the division acted on any such complaint;

2-10    (c) Any citation issued by the division to an employer and the reason for

2-11  its issuance; and

2-12    (d) Any penalty imposed by the division on an employer and the reason

2-13  therefor.

2-14    2.  The division shall, upon oral or written request and payment of any

2-15  applicable charges, provide to any person a copy of any record of the

2-16  division which is open to public inspection pursuant to subsection 1. The

2-17  first six pages reproduced pursuant to each such request must be provided

2-18  without charge. The charge for each additional page copied must not

2-19  exceed the cost of reproduction.

2-20    3.  Except as otherwise provided in subsection 4, the division shall

2-21  keep confidential:

2-22    (a) The name of any [employee] person who filed any complaint

2-23  against an employer or who made any statement to the division concerning

2-24  an employer; and

2-25    (b) Any information which is part of a current investigation by the

2-26  division, but the fact that an investigation is being conducted is public

2-27  information.

2-28  As used in this subsection, “current investigation” means any investigation

2-29  conducted before the issuance of a citation or notice of violation or, if no

2-30  citation or notice of violation is issued, an investigation which is not

2-31  closed.

2-32    4.  The division shall, upon the receipt of a written request from a law

2-33  enforcement agency, disclose otherwise confidential information to that

2-34  law enforcement agency for the limited purpose of pursuing a criminal

2-35  investigation.

2-36    Sec. 3.  NRS 618.365 is hereby amended to read as follows:

2-37    618.365  1.  This chapter does not supersede or in any manner affect

2-38  the Nevada Industrial Insurance Act or the Nevada Occupational Diseases

2-39  Act or enlarge, diminish or affect in any other manner the common law or

2-40  statutory rights, duties or liabilities of employers and employees under the

2-41  laws of this state with respect to injuries, occupational or other, diseases or

2-42  death of employees arising out of or in the course of employment.

2-43    2.  Statements, reports and information obtained or received by the

2-44  division in connection with an investigation under, or the administration or

2-45  enforcement of, the provisions of this chapter are not subject to subpoena

2-46  and must not be admitted as evidence in any civil action other than an

2-47  action for enforcement, variance hearing or review [under] pursuant to this

2-48  chapter. An employee of the division may not testify concerning such

3-1  statements, reports or information, except in an action for enforcement

3-2  or review pursuant to this chapter or in a variance hearing.

3-3    3.  Any report of investigation or inspection or any information

3-4  concerning trade secrets or secret industrial processes obtained under this

3-5  chapter must not be disclosed or open to public inspection, except:

3-6    (a) As such information may be disclosed to other officers or employees

3-7  concerned with carrying out the provisions of this chapter;

3-8    (b) When relevant in any court proceeding under this chapter; or

3-9    (c) As otherwise provided in NRS 618.341.

3-10    4.  The division, the courts, and where applicable, the review board

3-11  may issue such orders as may be appropriate to protect the confidentiality

3-12  of trade secrets.

3-13    Sec. 4.  NRS 618.425 is hereby amended to read as follows:

3-14    618.425  1.  Any person, including, without limitation, an employee,

3-15  representative of employees, provider of health care or governmental

3-16  officer or [employee] person whose primary duty of employment is to

3-17  ensure public safety, including a building inspector, believing that a

3-18  violation of a safety or health standard exists that threatens physical harm,

3-19  or that an imminent danger exists, may request an investigation by [giving

3-20  notice, orally or in writing, to] filing an oral or written complaint with the

3-21  administrator or his representative [of] that alleges the existence of the

3-22  violation or danger.

3-23    2.  The person [giving the notice] filing the complaint must state with

3-24  reasonable particularity the grounds for the [notice.] complaint. The name

3-25  of any employee [giving] filing a complaint [notice or] and the names of

3-26  employees mentioned in the complaint must be held confidential. If the

3-27  complaint is given orally, the division shall send to the complainant a form

3-28  upon which he may supplement his oral complaint. His failure to return the

3-29  form does not affect the division’s duty to act pursuant to this section.

3-30    3.  If upon receipt of the [notification] complaint the division

3-31  determines that there are reasonable grounds to believe that a violation or

3-32  imminent danger exists, it shall make a special investigation within 14 days

3-33  unless there is a substantial probability that death or serious physical harm

3-34  could result from the violation or danger, then the investigation must be

3-35  made immediately after the administrator receives the [notice] complaint

3-36  to determine whether a violation or imminent danger exists. The division

3-37  need not investigate a complaint within the times required by this

3-38  subsection if, from the facts stated in the complaint, the administrator

3-39  determines that the complaint is intended solely to harass the employer. If

3-40  the division determines that there are no reasonable grounds to believe that

3-41  a violation or imminent danger exists, it shall notify the [employees or

3-42  other] person who [gave the notice] filed the complaint of such

3-43  determination within 14 days after the administrator receives the [notice.]

3-44  complaint.

3-45    Sec. 5.  NRS 618.435 is hereby amended to read as follows:

3-46    618.435  1.  Before or during any inspection of a workplace, any

3-47  person, including, without limitation, an employee, representative of

3-48  employees, provider of health care or governmental officer or [employee]

3-49  person whose primary duty of employment is to ensure public safety,

4-1  including a building inspector, may notify the administrator or any

4-2  representative of the administrator responsible for conducting the

4-3  inspection, orally or in writing, of any violation of this chapter which [they

4-4  have] he has reason to believe exists in the workplace. The division shall

4-5  by regulation establish procedures for informal review of any refusal by a

4-6  representative of the administrator to issue a citation with respect to any

4-7  such alleged violation and shall furnish the [employees or other persons]

4-8  person requesting the review a written statement of the reasons for the

4-9  administrator’s final disposition of the case within 14 days after the

4-10  administrator receives the notice.

4-11    2.  An opportunity must be afforded to a representative of the employer

4-12  and an authorized representative of the employees to accompany the

4-13  representative of the division during the physical inspection of the place of

4-14  employment or, where there is no authorized representative of the

4-15  employees, consultation must be had with a reasonable number of

4-16  employees, but no more than one employee may accompany the division’s

4-17  representative during the inspection.

4-18    3.  Any employee of the employer who accompanies the representative

4-19  of the division during the inspection pursuant to subsection 2 is entitled to

4-20  be paid by the employer at his regular rate of pay for the time spent with

4-21  the representative of the division inspecting the place of employment if he

4-22  would have otherwise been compensated for working during that time.

4-23    4.  For the purposes of this section, “representative of an employee”

4-24  means a person previously identified to the division as an authorized

4-25  representative of the employee bargaining unit of a labor organization

4-26  which has a collective bargaining relationship with the employer and

4-27  represents the affected employees.

4-28    Sec. 6.  This act becomes effective on July 1, 2001.

 

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