ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 6, page 2, by deleting lines 16 through 21 and inserting:
“principal contractor, if [the] :
(1) The estimated total cost of the construction project is equal to or greater than the threshold amount established by the Commissioner pursuant to subsection 3; or
(2) Pursuant to NRS 616B.717, the consolidated insurance program may cover more than one construction project and the combined total of the estimated total costs of all of the construction projects covered by the consolidated insurance program is equal to or greater than the threshold amount established by the Commissioner pursuant to subsection 3.”.
Amend sec. 7, page 3, line 25, by deleting “project.” and inserting:
“project [.] unless:
1. Each construction project covered by the consolidated insurance program:
(a) Is owned by the same private company, public entity or utility;
(b) Has reasonably contiguous construction sites;
(c) Has construction sites that are reasonably contiguous to the construction sites of the other construction projects covered by the consolidated insurance program; and
(d) Complies with the provisions set forth in NRS 616B.725 and 616B.727 relating to safety and the administration of claims for industrial insurance at each site of the construction project; and
2. All construction projects covered by the consolidated insurance program will be commenced and completed within the same 3-year period.”.
Amend sec. 8, page 3, by deleting lines 42 through 44 and inserting:
“(1) Delineates clearly the area within which coverage is”.
Amend sec. 8, page 4, line 1, by deleting “[(2)] (3)” and inserting “(2)”.
Amend the bill as a whole by renumbering sec. 9 as sec. 14 and adding new sections designated sections 9 through 13, following sec. 8, to read as follows:
“Sec. 9. NRS 616B.720 is hereby amended to read as follows:
616B.720 A contract for the provision of industrial insurance that is authorized pursuant to NRS 616B.712 must include, without limitation:
1. Provisions that require compliance with each of the requirements relating to safety and the administration of claims for industrial insurance at [the] each site of the construction project that are set forth in NRS 616B.725 and 616B.727;
2. The names and qualifications of the persons appointed to oversee issues of safety and the administration of claims for industrial insurance at [the] each site of the construction project pursuant to NRS 616B.725 and 616B.727;
3. The terms and conditions pursuant to which the contract provides industrial insurance coverage. The terms and conditions must include, without limitation:
(a) A definition of [the] each site of the construction project that:
(1) Delineates clearly the area within which coverage is provided; and
(2) Is reasonably contiguous to the actual physical site of the construction project [;] to which the definition applies; and
(b) A description of the scope and details of the construction project and the duration of industrial insurance coverage that is provided for the project;
4. A list in which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project are set forth as named insureds; and
5. A provision setting forth the penalties to which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project may be subject if such persons or entities fail to comply with the provisions relating to safety and the administration of claims for industrial insurance that are required pursuant to NRS 616B.725 and 616B.727.
Sec. 10. NRS 616B.725 is hereby amended to read as follows:
616B.725 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the safety of an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at [the] a site of the construction project.
2. The owner or principal contractor of the construction project shall develop and carry out a safety program that includes, without limitation:
(a) The establishment of minimum standards of safety to be observed during construction of the project;
(b) The holding of regular meetings to address and discuss issues related to safety;
(c) Training of contractors and subcontractors regarding issues and procedures related to safety;
(d) Regular inspections of [the] each site of the construction project to identify potential safety hazards and ensure that minimum standards of safety are being observed;
(e) The notification of contractors and subcontractors of special hazards that exist at [the] each site of the construction project, including advice on ways in which the contractors and subcontractors can avoid those hazards; and
(f) The prompt investigation of any injuries that take place at [the] a site of the construction project which result in death or serious bodily injury.
3. The owner or principal contractor of the construction project shall hire or contract with at least two persons to serve as the primary and alternate coordinators for safety for the construction project [.] and shall designate one of the persons as the primary coordinator. The primary and alternate coordinators for safety must:
(a) Possess credentials in the field of safety that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project, including, without limitation, credentials issued by the:
(1) Board of Certified Safety Professionals; or
(2) Insurance Institute of America; or
(b) Have at least 3 years of experience in overseeing matters of occupational safety and health in the field of construction that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project.
4. The primary and alternate coordinators for safety for the construction project:
(a) Must not serve as coordinators for safety for another construction project that is covered by a different consolidated insurance program;
(b) Shall oversee and enforce the safety program established pursuant to subsection 2, including, without limitation, resolving problems related to the operation of the safety program; and
(c) Shall ensure that the contractors, employers and subcontractors who are engaged in the construction of the project coordinate their efforts regarding issues of occupational safety and health to create and maintain a safe and healthful workplace.
5. [The] Each alternate coordinator for safety at a site of the construction project shall report to the primary coordinator for safety regarding activities that take place at [the] that site of the construction project when the primary coordinator is absent.
6. The owner or principal contractor of the construction project shall ensure that [the primary or alternate] a coordinator for safety for the construction project is physically present at [the] each site of the construction project whenever activity related to construction is taking place at [the] that site.
Sec. 11. NRS 616B.727 is hereby amended to read as follows:
616B.727 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at [the] a site of the construction project.
2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the administrator of claims for industrial insurance for the construction project. Such a person must not serve as an administrator of claims for industrial insurance for another construction project that is covered by a different consolidated insurance program.
3. The administrator of claims for industrial insurance for the construction project who is hired or with whom the owner or principal contractor contracts pursuant to subsection 2 shall:
(a) Assist an employee who is covered under the consolidated insurance program or, in the event of the employee’s death, one of his dependents, in filing a written notice of injury or death as required pursuant to NRS 616C.015 or a written notice of an occupational disease as required pursuant to NRS 617.342;
(b) Sign and file on behalf of a contractor or subcontractor whose employees are covered under the consolidated insurance program an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045 or 617.354;
(c) Ensure that an employee who is covered under the consolidated insurance program and who has been injured or who has incurred an occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program;
(d) Handle all issues, to the extent reasonably practicable, relating to claims for industrial insurance at [the] a site of the construction project; and
(e) Hire or contract such assistant administrators as may be necessary to carry out his responsibilities pursuant to this section.
4. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically present at [the] each site of the construction project whenever activity related to construction is taking place at [the] that site.
Sec. 12. NRS 616B.730 is hereby amended to read as follows:
616B.730 1. A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at [the] a site of the construction project.
2. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance coverage for its employees who:
(a) Are not assigned to participate in the construction of the project; or
(b) Are assigned to participate in the construction of the project but who do not work exclusively at [the site] one or more sites of the project.
3. The owner or principal contractor of a construction project shall reimburse a contractor or subcontractor who bids successfully on the construction project for the cost of providing separate industrial insurance coverage for an employee if:
(a) The contractor or subcontractor set the amount of his bid in a reasonable, good faith belief that the employee would work exclusively at [the site] one or more sites of the construction project and would therefore be fully covered by the consolidated insurance program; and
(b) Because of changed circumstances not reasonably foreseeable at the time the bid was submitted, the employee worked in whole or in part at a location other than [the] a site of the construction project, requiring the contractor or subcontractor to obtain separate industrial insurance coverage for that employee.
Sec. 13. NRS 616B.735 is hereby amended to read as follows:
616B.735 With respect to a construction project for which the owner intends to establish and administer an owner-controlled insurance program or the principal contractor intends to establish and administer a contractor-controlled insurance program, the owner or principal contractor, as appropriate, shall:
1. In the notice or advertisement for bids for the construction of the project, state:
(a) That the employees of contractors and subcontractors who are engaged in the construction of the project will be covered under a consolidated insurance program when such employees work at [the] a site of the project; and
(b) Whether such a program will be an owner-controlled insurance program or a contractor-controlled insurance program; and
2. Hold a pre-bid conference at which it provides to potential contractors and subcontractors, without limitation, the following information:
(a) A general explanation of the manner in which a consolidated insurance program operates;
(b) An overview of the provisions of NRS 616B.710 to 616B.737, inclusive;
(c) A general description of the safety procedures that will be required as part of the consolidated insurance program; and
(d) The procedures pursuant to which claims for industrial insurance will be administered.”.
Amend the title of the bill, seventh line, by deleting “project;” and inserting:
“project under certain circumstances; providing for construction projects that have more than one construction site;”.