Senate Bill No. 8–Committee on Commerce and Labor

 

(On Behalf of Subcommittee on Industrial Explosions)

 

Prefiled January 24, 2003

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Referred to  Committee on Commerce and Labor

 

SUMMARY—Clarifies scope of and increases penalty for certain punishable conduct by employer leading to death of employee. (BDR 53‑298)

 

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; clarifying the scope of certain punishable conduct by an employer that leads to the death of an employee; increasing the penalty for certain punishable conduct by an employer that leads to the death of an employee; 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 618.685 is hereby amended to read as follows:

1-2  618.685  Any employer who willfully violates any requirement

1-3  of this chapter, or any standard, rule, regulation or order

1-4  promulgated or prescribed pursuant to this chapter, where the

1-5  violation causes or creates a condition that causes the death of any

1-6  employee, shall be punished:

1-7  1.  For a first offense, by a fine of not more than [$20,000]

1-8  $50,000 or by imprisonment in the county jail for not more than 6

1-9  months, or by both fine and imprisonment.

1-10      2.  For a second or subsequent offense, by a fine of not more

1-11  than [$40,000] $100,000 or by imprisonment in the county jail for

1-12  not more than 1 year, or by both fine and imprisonment.

2-1  Sec. 2.  This act becomes effective upon passage and approval

2-2  for the purpose of requesting approval of the amendatory provisions

2-3  of this act pursuant to 29 U.S.C. § 667(c) and, for all other purposes,

2-4  on:

2-5  1.  October 1, 2003, only if, on or before October 1, 2003, the

2-6  amendatory provisions of this act are approved or determined not to require

2-7  approval pursuant to 29 U.S.C. § 667(c); or

2-8  2.  On the date the amendatory provisions of this act are approved or

2-9  determined not to require approval pursuant to 29 U.S.C. § 667(c), only if

2-10  the amendatory provisions of this act are approved or determined not to

2-11  require approval pursuant to 29 U.S.C. § 667(c) after October 1, 2003.

 

2-12  H