Senate Bill No. 8–Committee on Commerce and Labor

 

(On Behalf of Subcommittee on Industrial Explosions)

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—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.

 

~

 

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

 

AN ACT relating to occupational safety; 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 the death of any employee, shall be punished:

1-6  1.  For a first offense, by a fine of not more than [$20,000]

1-7  $50,000 or by imprisonment in the county jail for not more than 6

1-8  months, or by both fine and imprisonment.

1-9  2.  For a second or subsequent offense, by a fine of not more

1-10  than [$40,000] $100,000 or by imprisonment in the county jail for

1-11  not more than 1 year, or by both fine and imprisonment.

1-12      Sec. 2.  This act becomes effective upon passage and approval

1-13  for the purpose of requesting approval of the amendatory provisions

1-14  of this act pursuant to 29 U.S.C. § 667(c) and, for all other purposes,

1-15  on:

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

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

2-3  require approval pursuant to 29 U.S.C. § 667(c); or

2-4  2.  On the date the amendatory provisions of this act are

2-5  approved or determined not to require approval pursuant to 29

2-6  U.S.C. § 667(c), only if the amendatory provisions of this act are

2-7  approved or determined not to require approval pursuant to 29

2-8  U.S.C. § 667(c) after October 1, 2003.

 

2-9  H