Nac: Chapter 618 - Occupational Safety And Health

Link to law: http://www.leg.state.nv.us/nac/NAC-618.html
Published: 2015

[Rev. 8/13/2015 4:10:12 PM]

[NAC-618 Revised Date: 8-15]

CHAPTER 618 - OCCUPATIONAL SAFETY AND

HEALTH

GENERAL PROVISIONS

618.001            Definitions.

618.002            “Administrator” defined.

618.004            “Chief” defined.

618.006            “Division” defined.

618.008            “Enforcement Section” defined.

CRANES

General Provisions

618.342            Definitions.

618.3425          “Certification program” defined.

618.343            “Certifying authority” defined.

618.344            “Crane” defined.

618.3445          “Crane operator” defined.

618.346            “Emergency” defined.

618.348            “Grounded” defined.

618.349            “Load block” defined.

618.350            “Load rating chart” defined.

618.3505          “Mobile crane” defined.

618.351            “Person” defined.

618.352            “Prime contractor” defined.

618.353            “Quadrant” defined.

618.354            “Rated load test” defined.

618.355            “Tower crane” defined.

618.3555          “Trainee” defined.

618.357            “Warning tape” defined.

618.358            Adoption of standards by reference;

review of revisions and addenda.

Certifying Authorities

618.359            Requirements for approval.

618.360            Employment by owner or lessee of

crane prohibited; exception.

Cranes Able to Lift Loads Weighing at Least 3 Tons: Use

618.364            Highly hazardous lift: Maintenance

of clear zone.

Tower Cranes: Certificates of Operation

618.365            Circumstances requiring issuance.

618.366            Qualifications.

618.367            Compliance with requirements.

618.368            Form; signature.

618.369            Notification of Nevada Occupational

Safety and Health Administration upon denial.

618.370            Expiration; violation of

requirements for qualification.

Cranes Used to Erect or Dismantle Tower Cranes: Certificates

of Operation

618.380            Circumstances requiring issuance.

618.381            Qualifications.

618.382            Compliance with requirements.

618.383            Form; signature.

618.384            Notification of Nevada Occupational

Safety and Health Administration upon denial.

618.385            Expiration; violation of

requirements for qualification.

Tower Cranes: Use

618.394            Plan for erection or dismantling of

tower crane: Submission; contents; maintenance on location; meeting for review.

618.395            Termination of process to erect or

dismantle tower crane.

618.396            Condition of devices installed on

crane to determine ability of crane to bear load.

618.397            Erection or dismantling of tower

crane: Maintenance of clear zone.

Mobile Cranes and Tower Cranes: Certification of Operators

618.402            Certification required;

responsibilities of employer of crane operator.

618.404            Certification program: Provision of

blank copy of certification form to Division; contents of form.

618.405            Certification program: Withdrawal

of approval; limitation on types of cranes for which program is approved.

618.407            Provisional certificate: Issuance;

requirements; expiration; renewal; maintenance.

618.408            Provisional certificate:

Responsibilities of employer of trainee.

618.410            Provisional certificate:

Restrictions on operation of crane by trainee.

PHOTOVOLTAIC SYSTEM PROJECTS

General Provisions

618.450            Definitions.

618.453            “Licensee” defined.

618.456            “Photovoltaic installer” defined.

Licensing of Photovoltaic Installers

618.459            Requirements for examination for

licensure.

618.462            Application for license;

notification of change in mailing address.

618.465            Grounds for denial of application

for license.

618.468            Renewal of license.

Disciplinary Action

618.471            Imposition of administrative fine:

Notice.

618.474            Imposition of administrative fine:

Appeal; hearing; decision.

618.477            Suspension or revocation of

license: Request for hearing; hearing; decision.

CONSTRUCTION PROJECTS

618.490            Definitions.

618.494            “Construction project” defined.

618.496            “Designated safety officer”

defined.

618.501            “Project manager or construction

superintendent” defined.

618.503            Adoption of standards by reference.

618.505            Notice of construction project;

meetings between Chief of Enforcement Section and general contractor or owner

of construction project.

618.507            Elevator or personnel hoist

required for construction of certain structures; approval of alternative means

of access.

MANUFACTURE OF EXPLOSIVES

General Provisions

618.509            Definitions.

618.5092          “Barricade” defined.

618.5093          “Binary explosive” defined.

618.5094          “Division 1.1 explosives” defined.

618.5095          “Division 1.2 explosives” defined.

618.5096          “Division 1.3 explosives” defined.

618.5097          “Explosives manufacturing building”

defined.

618.5098          “Explosives manufacturing plant”

defined.

618.5099          “Ground level” defined.

618.510            “Magazine” defined.

618.5101          “Mass explosion” defined.

618.5102          “Provider of training related to

explosives” defined.

Permit for Construction or Alteration of Explosives

Manufacturing Plant

618.5105          Application for permit: Content;

incomplete or inaccurate documentation.

618.5106          Suspension or revocation of permit

for violations.

618.5107          Notice of suspension or revocation

of permit.

618.5108          Appeal of suspension or revocation

of permit.

Certificates of Competency

618.511            Services for which certificate

required.

618.5111          Requirements for certificate.

618.5112          Renewal of certificate.

618.5113          Suspension or revocation of

certificate.

618.5114          Notification of Enforcement Section

of pending explosives training course.

Safety Programs and Procedures

618.5115          Adoption by reference of standards

relating to process safety management of highly hazardous chemicals.

618.5116          Adoption by reference of standards

relating to the storage of explosives.

618.5117          Establishment of safety procedures

and written safety program; availability of training materials to employees.

618.5118          Training of employees for duties

relating to manufacture of explosives.

618.5119          Separation of buildings within

confines of explosives manufacturing plant.

618.5120          Requirements for barricades.

MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE

618.5155          Definitions.

618.5159          “Ammonium perchlorate” defined.

618.5163          “Blending” defined.

618.5167          “By-product” defined.

618.5171          “Chemical intermediate” defined.

618.5179          “Drying” defined.

618.5183          “Explosive properties” defined.

618.5187          “Incompatible material” defined.

618.5191          “Operation” defined.

618.5195          “Operation building” defined.

618.5199          “Operation facility” defined.

618.5203          “Process” defined.

618.5207          “Qualified employee” defined.

618.5211          “Redissolve ammonium perchlorate”

defined.

618.5215          “Storage pad” defined.

618.5219          Applicability.

618.5223          Training of employees.

618.5231          Plan of action for emergency.

618.5235          Contractors and subcontractors:

Duties of employer who operates operation facility.

618.5239          Protective clothing and equipment;

showers.

618.5243          Facilities for employees to change

clothing.

618.5247          Requirements for construction of

operation building.

618.5251          Posting of signs prohibiting

smoking.

618.5255          Standards for equipment used to

manufacture ammonium perchlorate.

618.5259          Safe temperature for drying

ammonium perchlorate; mechanism for controlling temperature.

618.5263          Use of separator or detector of

foreign materials in screening of raw materials.

618.5267          Barriers to protect against entry;

posting of signs warning against trespassing.

618.5271          Operating procedures and rules of

safety.

618.5275          Availability and enforcement of

operating procedures.

618.5279          General requirements for

manufacture, handling and storage of ammonium perchlorate.

618.5283          Clean up of spills and hazardous

residues; maintenance of clean environment.

618.5287          Redissolution or disposal of

contaminated ammonium perchlorate.

618.5291          Identification, labeling and

tracking of redissolve and finished ammonium perchlorate.

618.5295          Tools and equipment.

618.5299          Repair of operation building and

machinery.

618.5303          Use of inorganic oil for

lubrication.

618.5307          Facilities for storage of

lubricating oil or fuel oil; performance of fueling operations.

618.5311          Restriction of vehicular traffic;

inspection and cleaning of vehicles used within operation facility.

618.5315          Permit for hot work.

618.5319          Transportation of ammonium

perchlorate.

618.5323          Storage of ammonium perchlorate:

General requirements.

618.5327          Storage of ammonium perchlorate:

Construction of storage pad.

618.5331          Storage of ammonium perchlorate:

Requirements for containers.

618.5335          Storage of ammonium perchlorate:

Distances from inhabited buildings, storage pads and operation buildings.

SAFETY PROGRAMS

618.538            Establishment of written safety

program.

618.540            Requirements of written safety

program.

618.542            Records of written safety program.

618.544            Conformance with document and

videotape produced by Division.

VARIANCES FROM STANDARDS

General Provisions

618.630            Definitions.

618.6304          “Affected employee” defined.

618.6307          “Interim order” defined.

618.631            “Permanent order” defined.

618.6313          “Temporary order” defined.

618.6316          Application for permanent variance:

General requirements.

618.6319          Application for permanent variance:

Contents.

618.6322          Interim order: Application; notice

of terms of order.

618.6325          Consideration of application made

while proceeding on citation pending.

618.6328          Consolidation.

618.6331          Denial of application.

618.6334          Notice of application; decision of

Administrator.

618.6337          Acceptance of federal variance.

618.634            Variance not retroactive.

Hearings

618.6343          Request for hearing.

618.6346          Hearings conducted by Administrator

or hearing officer.

618.6349          Powers of Administrator.

618.6352          Parties to hearings.

618.6355          Service of process; proof of

service.

618.6358          Prehearing conference.

618.6361          Agreements for settlement.

618.6364          Conduct at hearings.

618.6367          Discovery.

618.637            Presentation of evidence; objections.

618.6373          Records of hearings.

618.6376          Briefs.

618.6379          Decision of Administrator.

618.6382          Exceptions to decision.

ENFORCEMENT

General Provisions

618.640            Definitions.

618.64005        “Abatement” defined.

618.6401          “Board” defined.

618.6404          “District manager” defined.

618.641            “Establishment” defined.

618.6413          “Imminent danger” defined.

618.6416          “Inspection” defined.

618.6419          “Inspector” defined.

618.6422          “Working day” defined.

618.6425          Computation of time.

618.6428          Posting of notices; district managers

to provide applicable statutes, regulations and standards.

Inspections

618.6431          Advance notice of inspection.

618.6434          Powers and duties of inspector.

618.6437          Persons authorized to accompany

inspector.

618.644            Scope of inspection.

618.6443          Waiver of penalty prohibited.

618.6446          Authorization required to inspect

area with classified information.

618.6449          Trade secrets.

618.6452          Objections to inspections.

618.6455          Denial of request for investigation.

Citations, Notices of Violations and Proposed Penalties;

Abatements

618.6458          Citations and notices of

violations.

618.6461          Review upon refusal to issue

citation.

618.6464          Imminent dangers.

618.6465          Violations concerning movable

equipment.

618.6467          Posting of citation, notice of

violation or notice of intent to contest citation; compliance.

618.647            Modification of time for abatement

of violation: General requirements.

618.6473          Modification of time for abatement

of violation: Contents, posting and service of petition.

618.6476          Modification of time for abatement

of violation: Objections to petitions.

618.6479          Modification of time for abatement

of violation: Informal review upon denial of petition.

618.6482          Proposed penalties.

618.6485          Notices of contests.

618.6488          Conference for discussion of

intended contest of citation, date for abatement or proposed penalty.

618.6491          Failure to correct violations.

618.6494          Abatement: Certification;

exemption.

618.6495          Abatement: Submission of plan;

progress report.

618.6496          Abatement: Contents of

documentation; date of submission.

618.6497          Abatement: Posting of

documentation; notification of employee or authorized representative; right to

examine or copy documents.

PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW

BOARD

General Provisions

618.650            Definitions.

618.653            “Affected employee” defined.

618.656            “Authorized employee

representative” defined.

618.659            “Board” defined.

618.662            “Citation” defined.

618.665            “Day” defined.

618.668            “Notification of proposed penalty”

defined.

618.671            “Proceeding” defined.

618.674            “Representative” defined.

618.677            “Working day” defined.

618.680            Scope.

618.683            Computation of time.

618.686            Extensions of time.

618.692            Penalties.

618.695            Filing.

Parties

618.698            Participation by affected employee.

618.701            Representation of parties and

interveners; qualifications of representatives.

618.704            Withdrawal of representative.

618.707            Service of process: General

requirements.

618.710            Service of process: Authorized

employee representatives; unrepresented employees.

618.713            Proof of service.

Pleadings, Motions and Other Papers

618.716            Contents of initial pleading.

618.719            All relevant documents to be

submitted to Board with notice of appeal or contest.

618.720            Notice of appeal or contest to be

sent to all interested parties.

618.722            Captions; titles of cases.

618.725            Form of pleadings.

618.734            Response to motions.

618.737            Statement of position.

618.740            Petition for leave to intervene.

618.743            Failure to file pleadings.

Complaints

618.746            Filing by Chief; allegations;

amendment of citation or proposed penalty.

618.749            Answer.

Hearings

618.752            Conduct of hearings by Board.

618.755            Disqualification of member of

Board.

618.758            Chief’s participation in hearing.

618.761            Ex parte communication.

618.764            Confidential information.

618.767            Prehearing conference.

618.770            Notice of hearing.

618.773            Withdrawal of notice of contest.

618.776            Postponement of hearing.

618.779            Expedited proceeding.

618.782            Failure of party to appear.

618.785            Conduct at hearings.

618.788            Burden of proof.

618.791            Subpoenas.

618.794            Failure to comply with order for

discovery.

618.797            Depositions; interrogatories.

618.800            Requests for admissions.

618.803            Rules of evidence.

618.806            Exhibits.

618.809            Examination of witnesses;

affidavits.

618.812            Inspection and reproduction of

documents.

618.815            Objections.

618.818            Depositions.

618.821            Oral arguments.

618.824            Severance.

618.827            Consolidation.

618.830            Time for filing briefs or proposed

findings of fact or conclusions of law.

618.833            Settlement.

618.836            Decision of Board.

618.839            Stay of final order.

618.842            Transcript.

618.845            Reporter’s fees.

618.848            Witness fees; fees to persons

taking depositions.

ABATEMENT OF ASBESTOS

General Provisions

618.850            Definitions.

618.851            “Abatement” defined.

618.852            “Abatement worker” defined.

618.853            “Accredited” defined.

618.854            “Activity for the abatement of asbestos”

defined.

618.856            “Aggressive sampling” defined.

618.857            “AHERA” defined.

618.860            “Asbestos” defined.

618.861            “Asbestos fiber” defined.

618.862            “Building” defined.

618.863            “Containment area” defined.

618.864            “Contractor” defined.

618.866            “Demolition” defined.

618.869            “Emergency asbestos project”

defined.

618.870            “Employee” defined.

618.874            “EPA” defined.

618.875            “Friable material containing

asbestos” defined.

618.879            “Inspector” defined.

618.881            “License” defined.

618.882            “Licensed consultant” defined.

618.883            “Licensee” defined.

618.884            “Lock down” defined.

618.885            “Maintenance” defined.

618.886            “Management planner” defined.

618.887            “Material containing asbestos”

defined.

618.8875          “Material presumed to contain

asbestos” defined.

618.888            “Monitor” defined.

618.889            “Nonfriable material containing

asbestos” defined.

618.890            “Occupant” defined.

618.8905          “Owner of a building or structure”

defined.

618.891            “Plan for the abatement of

asbestos” defined.

618.892            “Project designer” defined.

618.893            “Project for spot repairs” defined.

618.894            “Project for the abatement of

asbestos” defined.

618.895            “Removal” defined.

618.896            “Renovation” defined.

618.897            “Repair” defined.

618.898            “Structural member” defined.

618.899            “Structure” defined.

618.900            “Supervisor” defined.

618.9005          “Surfacing material” defined.

618.9015          “Thermal system insulation”

defined.

618.902            “Training course approved by the

EPA” defined.

618.903            “Training day” defined.

618.904            “TSCA” defined.

618.906            Adoption by reference of certain

provisions of Code of Federal Regulations and other publications.

618.907            Limitations on exposure of persons

to asbestos; notice of excess levels in building; compliance with requirements.

Licensing and Accreditation to Perform Services

618.910            Application for initial license;

period of validity of license.

618.911            Action by Enforcement Section on

application for license or renewal.

618.912            Grounds for denial of application

for license or renewal.

618.913            Renewal of license: Generally.

618.914            Renewal of license: Fee.

618.915            Licensing of persons authorized to

act in other states.

618.9155          Contractors: License required;

qualified employees; compliance.

618.916            Contractors: Prerequisites to

obtaining license; fee.

618.917            Contractors: Training and

examination.

618.918            Contractors: Requirements for

maintenance of license.

618.919            Contractors: Permission to act as

limited contractor.

618.920            Supervisors: Prerequisites to

obtaining license; fee.

618.921            Supervisors: Training and

examination.

618.922            Supervisors: Location of current

license.

618.923            Supervisors: Permission to act as

probationary supervisor.

618.924            Abatement workers: Prerequisites to

obtaining license; fee.

618.925            Abatement workers: Training and

examination.

618.926            Abatement workers: Location of

current license.

618.927            Consultants: Licensing

requirements; fee.

618.928            Consultants: Services which may be

provided.

618.929            Consultants: Location of current

license.

618.930            Consultants: Accreditation in

particular disciplines.

618.9305          Inspectors: Requirements for

performance of certain inspections; exceptions.

618.931            Inspectors: Qualifications for

accreditation.

618.932            Inspectors: Training and

examination.

618.933            Inspectors: Services that may be

provided.

618.934            Inspectors: Permission to act as

inspector trainee.

618.935            Management planners: Qualifications

for accreditation.

618.936            Management planners: Training and

examination.

618.937            Management planners: Services that

may be provided.

618.9375          Project designer: Development of

plan for abatement of asbestos.

618.938            Project designers: Qualifications

for accreditation.

618.939            Project designers: Training and

examination.

618.940            Project designers: Services that

may be provided.

618.941            Monitors: Qualifications for

accreditation.

618.942            Monitors: Training and examination.

618.943            Monitors: Services that may be

provided.

618.944            Monitors: Permission to act as

monitor trainee.

618.945            Exemption of licensed supervisors

and contractors from licensing as abatement worker.

618.946            Licensing of person who performs

project for spot repairs.

618.948            Analyses of samples: Accreditation

of laboratories; certification of analyst.

Performance of Activities for Abatement

618.950            Applicability of provisions of Code

of Federal Regulations.

618.951            Exemption of certain activities

from requirements.

618.952            Declaratory order regarding nature

of activity: Petition; issuance; appeal.

618.953            Records of contractor: Maintenance;

availability to Enforcement Section; retention.

618.954            Project for the abatement of

asbestos: Notification of Enforcement Section; fees.

618.955            Emergency asbestos project:

Notification of Enforcement Section.

618.956            Project for the abatement of

asbestos: Final clearance.

618.958            Project for spot repairs.

618.960            Demolition of building or

structure.

618.961            Material presumed to contain

asbestos.

Disciplinary Action

618.970            Penalties for violation of

provisions; action against jointly responsible licensees.

618.971            Licensee presumed to have knowledge

of actions of employees; rebuttal of presumption.

618.972            Imposition of administrative fine:

Notification of licensee.

618.973            Imposition of administrative fine:

Appeal to Chief.

618.974            Imposition of administrative fine:

Review of Chief’s decision.

618.975            Suspension, modification or

revocation of license: Grounds.

618.976            Suspension, modification or

revocation of license: Notification of licensee.

618.977            Suspension, modification or

revocation of license: Appeal to Chief.

618.978            Suspension, modification or

revocation of license: Review of Chief’s decision.

618.979            Summary suspension of license:

Grounds.

618.980            Summary suspension of license:

Notification of licensee.

618.981            Summary suspension of license:

Appeal to Chief.

618.982            Summary suspension of license:

Review of Chief’s decision.

618.983            Summary suspension of license:

Permanency of suspension.

618.984            Summary suspension of license:

Modification and revocation of suspension.

618.985            Summary suspension of license:

Withdrawal.

618.986            Certain powers of Administrator not

affected by provisions.

MANDATORY OSHA-10 AND OSHA-30 TRAINING

618.990            Definitions.

618.9902          “Approved OSHA-10 continuing

education course” defined.

618.9904          “Approved OSHA-10 course” defined.

618.9906          “Approved OSHA-30 continuing

education course” defined.

618.9908          “Approved OSHA-30 course” defined.

618.991            “Qualified continuing education

course instructor” defined.

618.9912          “Valid completion card” defined.

618.9914          “Person who actually performs

physical work at a construction site that results in the construction,

alteration or destruction involved in the construction project, including,

without limitation, painting and decorating,” “construction worker” and

“components of the property” interpreted.

618.9917          Requirements for language and

format of all courses.

618.992            Criteria for approved courses.

618.9923          Renewal of valid completion card.

618.9925          Requirements for continuing

education courses provided by employer.

618.9927          Persons who may provide continuing

education courses.

 

 

GENERAL PROVISIONS

      NAC 618.001  Definitions. (NRS 618.295)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 618.002 to 618.008,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.002  “Administrator” defined. (NRS 618.295)  “Administrator”

means the Administrator of the Division.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.004  “Chief” defined. (NRS 618.295)  “Chief”

means the Chief Administrative Officer of the Enforcement Section.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.006  “Division” defined. (NRS 618.295)  “Division”

means the Division of Industrial Relations of the Department of Business and

Industry.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.008  “Enforcement Section” defined. (NRS 618.295)  “Enforcement

Section” means the Occupational Safety and Health Administration of the

Division.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000; A by R116-06, 11-13-2006)

CRANES

General Provisions

      NAC 618.342  Definitions.

(NRS

618.295, 618.880)  As used

in NAC 618.342 to 618.410,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.3425 to 618.357,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)

      NAC 618.3425  “Certification program” defined.

(NRS 618.295, 618.880)  “Certification

program” means a program approved by the Division to certify persons to operate

a mobile crane or a tower crane pursuant to the provisions of this chapter and chapter 618 of NRS.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.343  “Certifying authority” defined. (NRS 618.295, 618.880)  “Certifying

authority” means a person who is approved by the Division to inspect and

certify tower cranes which are used to erect and dismantle tower cranes

pursuant to the provisions of NAC 618.359, 618.360, 618.365 to 618.370, inclusive, and 618.380

to 618.385, inclusive.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.344  “Crane” defined. (NRS 618.295, 618.880)  “Crane”

means a machine which has a movable boom which:

     1.  Lifts and

lowers a load and moves it horizontally; and

     2.  Is

designed so that the mechanism which lifts the load is an integral part of the

machine.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.3445  “Crane operator” defined. (NRS 618.295, 618.880)  “Crane

operator” means a person who holds a certificate to operate a mobile crane or a

tower crane issued by a certification program.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.346  “Emergency” defined. (NRS 618.295, 618.880)  “Emergency”

means a condition which poses an imminent threat of injury or death to any

person or harm to property.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.348  “Grounded” defined. (NRS 618.295, 618.880)  “Grounded”

means placed at a point at which the weight of a load is no longer borne by the

crane which lifts that load.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.349  “Load block” defined. (NRS 618.295, 618.880)  “Load

block” has the meanings ascribed to it in the standards adopted by reference

pursuant to NAC 618.358, as the context requires.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.350  “Load rating chart” defined. (NRS 618.295, 618.880)  “Load

rating chart” has the meaning ascribed to it in the standards adopted by

reference pursuant to NAC 618.358.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.3505  “Mobile crane” defined. (NRS 618.295, 618.880)  “Mobile

crane” means a machine that is capable of traveling, is used for hoisting and

moving a load by using cables which run unencumbered over the boom or jib

sheave, and has a usable boom length of 25 feet or greater or a maximum machine

rated capacity of 15,000 pounds or greater.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.351  “Person” defined. (NRS 618.295, 618.880)  “Person”

means a natural person.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.352  “Prime contractor” defined. (NRS 618.295, 618.880)  “Prime

contractor” means the contractor who has the ultimate authority and

responsibility at any location where a crane is used. The term includes

“general contractor” and “management contractor.”

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.353  “Quadrant” defined. (NRS 618.295, 618.880)  “Quadrant”

means one of the four sections into which the area surrounding the base of a

crane is divided based upon the center of rotation of the crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.354  “Rated load test” defined. (NRS 618.295, 618.880)  “Rated

load test” has the meanings ascribed to it in the standards adopted by

reference pursuant to NAC 618.358, as the context

requires.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.355  “Tower crane” defined. (NRS 618.295, 618.880)  “Tower

crane” means a crane that is regularly assembled and disassembled for use at

various sites, and is powered by an electric motor or an internal combustion

engine, or any variation thereof which retains the same fundamental

characteristics, including cranes on which the operating radius is adjusted by

means of a boom luffing mechanism, or by means of a trolley traversing a

horizontal boom, or by a combination of the two. The term includes cranes

which:

     1.  Are mounted on a fixed or a rail mounted

traveling base; or

     2.  Use additional means for mounting, such

as arrangements that permit the crane to climb in the structure being built, or

that permit increasing the tower height as the structure rises and utilizing

braces attached to the hose structure as needed.

     (Added to NAC by Div. of Industrial Relations, eff. 2-25-97)

      NAC 618.3555  “Trainee” defined. (NRS 618.295, 618.880)  “Trainee”

means a person who holds a provisional certificate to operate a mobile crane or

a tower crane issued pursuant to NAC 618.407.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.357  “Warning tape” defined. (NRS 618.295, 618.880)  “Warning

tape” means a continuous strip of plastic or other similar material that is

highly visible which is intended for use as a barrier to prevent access to an

area.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.358  Adoption of standards by reference; review of revisions and

addenda. (NRS

618.295, 618.880)

     1.  The Division hereby adopts by reference

the standards of the American Society of Mechanical Engineers (ASME) set forth

in:

     (a) Construction Tower Cranes, B30.3, 2004

edition, published by the American Society of Mechanical Engineers. This

publication is available from the American Society of Mechanical Engineers,

Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New Jersey

07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org,

at a cost of $50.

     (b) Portal, Tower, and Pedestal Cranes,

B30.4, 2003 edition, published by the American Society of Mechanical Engineers.

This publication is available from the American Society of Mechanical

Engineers, Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New

Jersey 07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org,

at a cost of $55.

     (c) Mobile and Locomotive Cranes, B30.5,

2004 edition, published by the American Society of Mechanical Engineers. This

publication is available from the American Society of Mechanical Engineers,

Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, New Jersey

07007-2300, by telephone at (800) 843-2763 or at the Internet address http://www.asme.org,

at a cost of $80.

     2.  If a

revision or addendum to any publication adopted by reference pursuant to this

section is published, the Division will review the revision or addendum to

determine its suitability for this State. If the Division determines that the

revision or addendum is not suitable for this State, the Division will hold a

public hearing to review the determination and give notice of that hearing

within 6 months after the date of the publication of the revision or addendum.

If, after the hearing, the Division does not revise its determination, the

Division will give notice that the revision or addendum is not suitable for

this State within 30 days after the hearing. If the Division does not give such

notice, the revision or addendum becomes part of the publication adopted by

reference in this section.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)

Certifying Authorities

      NAC 618.359  Requirements

for approval. (NRS

618.295, 618.880)

     1.  A person

who desires to be approved by the Division as a certifying authority of tower

cranes or cranes which are used to erect and dismantle tower cranes must submit

to the Division proof that he or she:

     (a) Has completed at least 5 years of employment as

an inspector of cranes;

     (b) Has completed at least 5 years of employment as

a representative of a manufacturer of cranes;

     (c) Is approved in another state as a certifying

authority of cranes or the equivalent of a certifying authority, if the

Division determines that the requirements of the State for approval of a

certifying authority are substantially equivalent to the requirements set forth

in NAC 618.365 to 618.370,

inclusive, and 618.380 to 618.385,

inclusive; or

     (d) Has devoted at least 1,000 hours to the

mechanical and structural maintenance and repair of cranes during the last 5

years of employment.

     2.  In addition to the requirements set forth

in subsection 1, a person who desires to be approved as a certifying authority

of tower cranes or cranes which are used to erect and dismantle tower cranes

must pass:

     (a) A written or oral examination on the applicable

standards adopted by reference pursuant to NAC 618.358;

and

     (b) A practical examination which demonstrates the

ability of the person to:

          (1) Examine visually the welds and attachments

of the critical members of a crane;

          (2) Conduct a rated load test; and

          (3) Inspect and

test a crane for compliance with the requirements set forth in the standards

adopted by reference pursuant to NAC 618.358.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.360  Employment by owner or lessee of crane prohibited; exception. (NRS 618.295, 618.880)  A

certifying authority who inspects and certifies:

     1.  A tower

crane for compliance with the requirements set forth in NAC

618.366; or

     2.  A crane

which is used to erect or dismantle a tower crane for compliance with the

requirements set forth in NAC 618.381,

Ê

must not be employed by the person who owns or leases the crane unless the

owner or lessor of the crane is the manufacturer of the crane or is a

representative of the manufacturer of the crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

Cranes Able to Lift Loads Weighing at Least 3 Tons: Use

      NAC 618.364  Highly hazardous lift: Maintenance of clear zone. (NRS 618.295, 618.880)

     1.  Except in an emergency, when a crane

which has the ability to lift a load that weighs at least 3 tons is performing

a highly hazardous lift, the prime contractor shall establish and maintain a

clear zone within which a person who is not directly involved in the lift is,

if practicable, not permitted during the lifting of the load until the load is

securely grounded.

     2.  The clear zone required pursuant to

subsection 1 must be an area, the center of which is the crane which is lifting

the load, that is 125 percent of the sum of the length of the boom of the crane

and one-half of the length of the load which is lifted and which includes all

quadrants in which the crane could, because of its configuration, be reasonably

expected to tip over, including, but not limited to, any quadrant in which the

load is lifted.

     3.  To establish and maintain the clear zone

required pursuant to subsections 1 and 2, the prime contractor shall:

     (a) Provide written notification at least 24 hours

before the highly hazardous lift occurs to each person who owns or manages

property located within the boundaries of the clear zone. The notice must:

          (1) Specify the scheduled date, time and

location of the highly hazardous lift; and

          (2) Inform the owner or manager that the

property:

               (I) Is located within the boundaries of a

clear zone which is required by this section to be established and maintained;

and

               (II) Must be vacated, if practicable, and

the owner or manager must post signs on the property that warn each person

entering the property that crane operations are in progress.

     (b) Provide written notification at least 24 hours

before the highly hazardous lift occurs to each federal, state, county and

municipal agency that has jurisdiction over highways, streets, sidewalks,

railroads or other public property within the boundaries of the clear zone. The

notice must:

          (1) Specify the date, time and location of the

highly hazardous lift; and

          (2) Inform the agency that:

               (I) The property within its jurisdiction

is located within the boundaries of a clear zone which is required by this

section to be established and maintained; and

               (II) Any traffic on the property must be

restricted, if practicable, and the agency must post signs on the property that

warn traffic on the property that crane operations are in progress.

     (c) Post warning signs and, where practicable,

place warning tape around any property which is within the boundaries of the

clear zone and within the control of the prime contractor. The warning signs

must:

          (1) Be posted, if practicable, every 50 feet

and be legible under normal conditions at a distance of 100 feet; and

          (2) Advise that crane operations are in

progress and the area may not be entered during a highly hazardous lift.

     (d) Sound a warning horn just before a highly

hazardous lift.

     4.  The establishment and maintenance of a

clear zone does not relieve the prime contractor or the owner or lessee of the

crane from liability for failure to operate the crane in a safe and prudent

manner. During the highly hazardous lift, the prime contractor and the owner or

lessee of the crane shall provide safeguards against artificially created and

natural conditions, including, but not limited to, unstable ground, inclement

weather and winds of high velocity. Except in an emergency, a highly hazardous

lift must not be commenced during winds which exceed 35 miles per hour.

     5.  As used in this section, a “highly

hazardous lift” means a lift in which the load to be lifted is, in the existing

configuration of the crane, at the maximum capacity of the crane as specified

on the load rating chart of the crane.

     (Added to NAC by Div. of Industrial Relations, eff. 2-25-97)

Tower Cranes: Certificates of Operation

      NAC 618.365  Circumstances

requiring issuance. (NRS 618.295, 618.880)  The

owner or lessee of a tower crane shall ensure that the tower crane has been

issued a valid certificate of operation by a certifying authority:

     1.  Each time

the tower crane is erected;

     2.  Each year the tower crane remains erected

at one location; and

     3.  Each time

a tower crane is repaired or modified in any way which affects the structural

integrity of the crane, other than the addition or removal of sections to the

mast of the crane or the addition of other components which are a permanent

part of the tower crane in its working condition, such as a load block or

rigging.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.366  Qualifications. (NRS 618.295, 618.880)  To

qualify for a certificate of operation, a tower crane must be tested according

to and comply with the applicable:

     1.  Recommendations

of the manufacturer;

     2.  Provisions of the Nevada occupational

safety and health standards established pursuant to NRS 618.295; and

     3.  Standards

adopted by reference pursuant to NAC 618.358.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.367  Compliance with requirements. (NRS 618.295, 618.880)  A

certifying authority shall ensure that a tower crane complies with the

requirements set forth in NAC 618.366 before the

certifying authority issues a certificate of operation for that crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.368  Form; signature. (NRS 618.295, 618.880)  The

certifying authority shall:

     1.  Issue a

certificate of operation for a tower crane upon a form:

     (a) Supplied by the manufacturer of the tower

crane; or

     (b) Approved by the Division; and

     2.  Sign each

certificate of operation for a tower crane that the certifying authority

issues.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.369  Notification of Nevada Occupational Safety and Health

Administration upon denial. (NRS 618.295, 618.880)  A

certifying authority shall notify in writing the Nevada Occupational Safety and

Health Administration, 1301 North Green Valley Parkway, Suite 200, Henderson,

Nevada 89074, within 5 working days after the certifying authority denies a

certificate of operation for a tower crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)

      NAC 618.370  Expiration; violation of requirements for qualification. (NRS 618.295, 618.880)

     1.  Except as

otherwise provided in this section, a certificate of operation for a tower

crane expires 1 year after the date on which it is issued.

     2.  Unless the tower crane remains erected at

one location for at least 1 year, the certificate of operation for a tower

crane expires on the date the tower crane is dismantled.

     3.  If a tower crane is repaired or modified

in any way which affects the structural integrity of the crane, other than the

addition or removal of sections to the mast of the crane or the addition of

other components which are a permanent part of the tower crane in its working

condition, such as a load block or rigging, the certificate of operation for

the tower crane expires on the date the tower crane is repaired or modified.

     4.  If the

Enforcement Section determines that any condition of a tower crane violates the

requirements set forth in NAC 618.366, the

Enforcement Section may require the owner or lessee of the tower crane to

correct the violation and obtain a new certificate of operation for the tower

crane before the tower crane is operated.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

Cranes Used to Erect or Dismantle Tower Cranes:

Certificates of Operation

      NAC 618.380  Circumstances requiring issuance.

(NRS 618.295, 618.880)  The

owner or lessee of a crane which is used to erect or dismantle a tower crane

shall ensure that such a crane has been issued a valid certificate of operation

by a certifying authority:

     1.  Before the crane is operated; and

     2.  Each time

a crane which is used to erect or dismantle a tower crane is repaired or

modified in any way which affects the structural integrity of the crane other

than the addition of components which are a permanent part of the tower crane

in its working condition, such as the jib, sections of the boom, a load block

or rigging.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.381  Qualifications. (NRS 618.295, 618.880)  To

qualify for a certificate of operation, a crane which is used to erect or

dismantle a tower crane must be tested according to and comply with the

applicable:

     1.  Recommendations of the manufacturer;

     2.  Provisions of the Nevada occupational

safety and health standards established pursuant to NRS 618.295; and

     3.  Standards

adopted by reference pursuant to NAC 618.358.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.382  Compliance with requirements. (NRS 618.295, 618.880)  A

certifying authority shall ensure that a crane which is used to erect or

dismantle a tower crane complies with the requirements set forth in NAC 618.381 before the certifying authority issues a

certificate of operation for that crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.383  Form; signature. (NRS 618.295, 618.880)  The

certifying authority shall:

     1.  Issue a

certificate of operation for a crane which is used to erect or dismantle a

tower crane upon a form:

     (a) Supplied by the manufacturer of the crane which

is used to erect or dismantle a tower crane; or

     (b) Approved by the Division; and

     2.  Sign each

certificate of operation for a crane which is used to erect or dismantle a

tower crane that the certifying authority issues.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.384  Notification of Nevada Occupational Safety and Health

Administration upon denial. (NRS 618.295, 618.880)  A

certifying authority shall notify in writing the Nevada Occupational Safety and

Health Administration, 1301 North Green Valley Parkway, Suite 200, Henderson,

Nevada 89074, within 5 working days after the certifying authority denies a

certificate of operation for a crane which is used to erect or dismantle a

tower crane.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97; A by R117-06, 11-13-2006, eff. 1-1-2007)

      NAC 618.385  Expiration; violation of requirements for qualification. (NRS 618.295, 618.880)

     1.  Except as

otherwise provided in this section, a certificate of operation for a crane

which is used to erect or dismantle a tower crane expires 1 year after the date

on which it is issued.

     2.  If a crane which is used to erect or

dismantle a tower crane is repaired or modified in any way which affects the

structural integrity of the crane, other than the addition of components which

are a permanent part of the tower crane in its working condition, such as the

jib, sections of the boom, a load block or rigging, the certificate of operation

for the crane expires on the date the crane is repaired or modified.

     3.  If the

Enforcement Section determines that any condition of a crane which is used to

erect or dismantle a tower crane violates the requirements set forth in NAC 618.381, the Enforcement Section may require the

owner or lessee of the crane to correct the violation and obtain a new

certificate of operation for the crane before the crane is operated.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

Tower Cranes: Use

      NAC 618.394  Plan for erection or dismantling of tower crane: Submission;

contents; maintenance on location; meeting for review. (NRS 618.295, 618.880)

     1.  Except in an emergency, at least 15

working days before a tower crane is erected or dismantled, the prime

contractor for the project which requires the use of a crane to erect or

dismantle a tower crane shall submit to the Enforcement Section for its review

a plan for the erection or dismantling of the tower crane.

     2.  The plan required pursuant to subsection

1 must set forth:

     (a) The recommendations of the manufacturer of the

tower crane for the erection or dismantling of the crane;

     (b) The weight of each component of the tower crane

which must be lifted during the erection or dismantling of the crane;

     (c) A diagram of the riggings which shows the

points of attachment of the riggings to the crane and the size and capacity of

the hardware used to attach the riggings to the crane;

     (d) Any point of potential interference between the

crane, the load and existing structures;

     (e) Any special requirement for supporting the

outriggers and tracks of the crane, including a statement addressing any

conditions of the ground;

     (f) A study which shows:

          (1) The location of the crane which will be

used to erect or dismantle the tower crane in plan and profile view that

specifically notes the locations of the initial lift and final placement of the

components of the tower crane;

          (2) The configuration of the boom,

counterweights and attachments for the lift of each component; and

          (3) The maximum lifting capacity of the crane

as specified on the load rating chart of the crane and the actual weight of the

anticipated loads;

     (g) A description of the sequence of steps to be

followed to erect or dismantle the tower crane and any special requirements for

the safe execution of each step;

     (h) The procedure for communication and assignment

of responsibility among:

          (1) The members of the crew which erects or

dismantles the tower crane;

          (2) The person who supervises the erection or

dismantling of the tower crane; and

          (3) The operator of the tower crane and the

operators of any machinery which is required to erect or dismantle the tower

crane;

     (i) A description of the manner in which the clear

zone required pursuant to NAC 618.397 will be

maintained;

     (j) The name of any person who will operate the

tower crane or any other crane used to erect or dismantle the tower crane; and

     (k) A copy of the certificate of operation of each

crane used to erect or dismantle the tower crane.

     3.  A copy of the plan required pursuant to

subsection 2 must be maintained at the location where the tower crane is

erected or dismantled.

     4.  The prime contractor shall ensure that a

meeting is conducted at the location where the tower crane will be erected or

dismantled immediately before the tower crane is erected or dismantled to

review the plan and the manner in which a clear zone will be established. The

following persons shall attend the meeting:

     (a) The members of the crew which erects or

dismantles the tower crane;

     (b) The person who supervises the erection or

dismantling of the tower crane;

     (c) The operator of the tower crane and the

operators of any machinery which is required to erect or dismantle the tower

crane;

     (d) A representative of the prime contractor;

     (e) A representative of the owner of the tower

crane, if the owner of the tower crane is not already represented at the

meeting; and

     (f) A representative of the owner or lessee of the

property upon which the tower crane will be erected or dismantled.

     (Added to NAC by Div. of Industrial Relations, eff. 2-25-97)

      NAC 618.395  Termination of process to erect or dismantle tower crane. (NRS 618.295, 618.880)  During

the erection or dismantling of a tower crane:

     1.  The prime

contractor for the project which requires the use of the tower crane;

     2.  The owner or lessee of the property on

which the tower crane is located; or

     3.  Any other

employer of any person who will be involved in the erection or dismantling of

the tower crane,

Ê

must terminate the erection or the dismantling of the tower crane if he or she

knows or receives reliable information that a condition exists which threatens

the safety of his or her employees or the general public until that condition

is corrected or until the prime contractor determines that the condition is not

a threat or that the threat no longer exists.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.396  Condition of devices installed on crane to determine ability of

crane to bear load. (NRS 618.295, 618.880)  The person

who supervises the erection or dismantling of a tower crane shall ensure that

any device which is installed on a crane or other machine used to erect or

dismantle the tower crane and upon which the operator relies in determining the

ability of the crane or other machine to bear a load, including instruments

known as:

     1.  “Load cells”;

     2.  “Boom angle indictors”;

     3.  “Load moment indicators” or “LMIs”; or

     4.  “Wind

velocity indicators,”

Ê

are in good working order.

     (Added to NAC by Div. of

Industrial Relations, eff. 2-25-97)

      NAC 618.397  Erection or dismantling of tower crane: Maintenance of clear

zone. (NRS

618.295, 618.880)

     1.  Except in an emergency, when a tower

crane is erected or dismantled, the prime contractor shall establish and

maintain a clear zone within which a person who is not directly involved in the

erection or dismantling is, if practicable, not permitted during the lifting of

a load until the load is securely grounded.

     2.  The clear zone required pursuant to

subsection 1 must be an area, the center of which is the crane which is lifting

the load, that is 125 percent of the sum of the length of the boom of the crane

and one-half of the length of the load which is lifted and which includes all

quadrants in which the crane could, because of its configuration, be reasonably

expected to tip over, including, but not limited to, any quadrant in which the

load is lifted.

     3.  To establish and maintain the clear zone

required pursuant to subsections 1 and 2, the prime contractor shall:

     (a) Provide written notification at least 24 hours

before the scheduled erection or dismantling of the tower crane to each person

who owns or manages property located within the boundaries of the clear zone.

The notice must:

          (1) Specify the scheduled date, time and

location of the erection or dismantling of the tower crane; and

          (2) Inform the owner or manager that the

property:

               (I) Is located within the boundaries of a

clear zone which is required by this section to be established and maintained;

and

               (II) Must be vacated, if practicable, and

the owner or manager must post signs on the property that warn each person

entering the property that crane operations are in progress.

     (b) Provide written notification at least 24 hours

before the scheduled erection or dismantling of the tower crane to each

federal, state, county and municipal agency that has jurisdiction over

highways, streets, sidewalks, railroads or other public property within the boundaries

of the clear zone. The notice must:

          (1) Specify the date, time and location of the

erection or dismantling of the tower crane; and

          (2) Inform the agency that:

               (I) The property within its jurisdiction

is located within the boundaries of a clear zone which is required by this

section to be established and maintained; and

               (II) Any traffic on the property must be

restricted, if practicable, and the agency must post signs on the property that

warn traffic on the property that crane operations are in progress.

     (c) Post warning signs and, where practicable,

place warning tape around any property which is within the boundaries of the

clear zone and within the control of the prime contractor. The warning signs

must:

          (1) Be posted, if practicable, every 50 feet

and be legible under normal conditions at a distance of 100 feet; and

          (2) Advise that crane operations are in

progress and the area may not be entered during a lift.

     (d) Sound a warning horn just before a lift.

     4.  If a prime contractor who is required to

establish and maintain a clear zone pursuant to subsections 1 and 2 believes

that the establishment and maintenance of the clear zone is impracticable, the

prime contractor must ensure that the crane used in the erection or dismantling

of a tower crane is limited to loads of no more than 90 percent of the maximum

lifting capacity of the crane as specified on the load rating chart of the

crane and the prime contractor must comply with paragraphs (c) and (d) of

subsection 3 for any quadrant in which the load is lifted.

     5.  The establishment and maintenance of a

clear zone does not relieve the prime contractor or the owner or lessee of the

crane from liability for failure to operate the crane in a safe and prudent

manner. During the erection and dismantling of a tower crane, the prime

contractor and the owner or lessee of the crane shall provide safeguards

against artificially created and natural conditions, including, but not limited

to, unstable ground, inclement weather and winds of high velocity. Except in an

emergency, a load must not be lifted during the erection or dismantling of a

tower crane during winds which exceed 35 miles per hour.

     (Added to NAC by Div. of Industrial Relations, eff. 2-25-97)

Mobile Cranes and Tower Cranes: Certification of Operators

      NAC 618.402  Certification required; responsibilities of employer of crane

operator. (NRS

618.295, 618.880)

     1.  Except as otherwise provided in NAC 618.410, a person shall obtain certification to

operate a mobile crane or a tower crane, as applicable, before the person

operates a mobile crane or a tower crane.

     2.  An employer of an operator of a mobile

crane or a tower crane shall ensure that the crane operator holds a certificate

to operate a mobile crane or a tower crane issued by a certification program.

     3.  An employer of a crane operator shall

maintain copies of all certificates held by the crane operator at the main

office of the employer or at the workplace of the crane operator.

     4.  The copies of certificates required by

subsection 3 must be maintained during the period of employment of the crane

operator and for at least 3 years after the end of employment.

     5.  An employer of a crane operator shall

provide copies of the certificates described in subsection 3 that pertain to

the crane operator to the Division upon request if the certificates are

requested not more than 3 years after the end of employment of the crane

operator.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.404  Certification program: Provision of blank copy of certification

form to Division; contents of form. (NRS 618.295, 618.880)

     1.  A certification program must provide to

the Division a blank copy of the certification form to operate a mobile crane

or a tower crane issued to crane operators who successfully complete the

program. Each certification form must include:

     (a) The signature of an authorized representative;

     (b) The date of expiration;

     (c) The type of mobile crane or tower crane the

holder is certified to operate; and

     (d) The name of the certification program.

     2.  As used in this section, “authorized

representative” means a person who is employed or retained by a certification

program to provide an assessment to a person who desires to become a crane

operator.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.405  Certification program: Withdrawal of approval; limitation on

types of cranes for which program is approved.

(NRS 618.295, 618.880)

     1.  The Division will withdraw its approval

of a certification program if the program fails to:

     (a) Maintain accreditation as required by the

Division;

     (b) Submit proof of continuing accreditation as

requested by the Division; or

     (c) Submit other information requested by the

Division.

Ê The Division

will give 15 working days’ notice to the certification program before the

withdrawal of approval.

     2.  The Division may limit the types of

mobile cranes or tower cranes for which a certification program is approved as

it deems necessary in the interest of public safety.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.407  Provisional certificate: Issuance; requirements; expiration;

renewal; maintenance. (NRS 618.295, 618.880)

     1.  An employer may issue a provisional

certificate to operate a mobile crane or a tower crane to a person who is not

certified as a crane operator if the employer verifies that the person meets

the physical requirements of trainees established by the applicable standards

adopted by reference pursuant to NAC 618.358.

     2.  A provisional certificate must:

     (a) Be issued on a form approved by the Division;

and

     (b) Include the type of mobile crane or tower crane

the trainee is provisionally certified to operate.

     3.  A provisional certificate expires:

     (a) When the trainee obtains certification as a

crane operator pursuant to this chapter and chapter

618 of NRS; or

     (b) Five years after the date of issuance,

Ê whichever

occurs first.

     4.  A provisional certificate may be renewed

as many times as necessary if the trainee continues to meet the physical

requirements of trainees established by the applicable standards adopted by

reference pursuant to NAC 618.358.

     5.  A trainee shall maintain his or her

provisional certificate and provide a copy to the Division upon request.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.408  Provisional certificate: Responsibilities of employer of trainee. (NRS 618.295, 618.880)

     1.  An employer of a trainee shall maintain

copies of all provisional certificates held by the trainee at the main office

of the employer or at the workplace of the trainee.

     2.  The copies of provisional certificates

required by subsection 1 must be maintained during the period of employment of

the trainee and for at least 3 years after the end of employment.

     3.  An employer of a trainee shall provide

copies of the provisional certificates described in subsection 1 that pertain

to the trainee to the Division upon request if the provisional certificates are

requested not more than 3 years after the end of employment of the trainee.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

      NAC 618.410  Provisional certificate: Restrictions on operation of crane by

trainee. (NRS

618.295, 618.880)

     1.  Except as otherwise provided in

subsection 2, a trainee may operate a mobile crane or a tower crane if the

trainee:

     (a) Holds a provisional certificate issued pursuant

to NAC 618.407; and

     (b) Is under the direct supervision of a crane

operator:

          (1) Whose sole responsibility during the

period of the supervision is to observe the operation of the crane by the

trainee; and

          (2) Who holds a certificate to operate the

type of crane being operated by the trainee during the period of direct

supervision.

     2.  A trainee shall not operate a mobile

crane or a tower crane that is used to erect or dismantle a tower crane.

     3.  As used in this section, “direct

supervision” means the supervision of a trainee by a crane operator who is in

the immediate area of the trainee, within visual sighting distance of the

trainee and able to communicate effectively with the trainee.

     (Added to NAC by Div. of Industrial Relations by R117-06,

11-13-2006, eff. 1-1-2007)

PHOTOVOLTAIC SYSTEM PROJECTS

General Provisions

      NAC 618.450  Definitions. (NRS 618.295, 618.918)  As used

in NAC 618.450 to 618.477,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.453 and 618.456

have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.453  “Licensee” defined. (NRS 618.295, 618.918)  “Licensee”

means any person who is licensed by the Division pursuant to NAC 618.450 to 618.477,

inclusive.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.456  “Photovoltaic installer” defined.

(NRS 618.295, 618.918)  “Photovoltaic

installer” has the meaning ascribed to it in NRS 618.912.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

Licensing of Photovoltaic Installers

      NAC 618.459  Requirements for examination for licensure. (NRS 618.295, 618.918)  For the

purposes of NRS 618.922, an

examination which is approved by the Enforcement Section must test a person’s

knowledge on subjects which are consistent with the guidelines, standards and

training suggested by the Interstate Renewable Energy Council, the North

American Board of Certified Energy Practitioners or any other nationally

recognized organization involved in developing guidelines, standards and

training to improve the quality of services provided by photovoltaic

installers.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.462  Application for license; notification of change in mailing

address. (NRS

618.295, 618.918)

     1.  A person applying for a license as a

photovoltaic installer must:

     (a) Comply with the requirements set forth in NRS 618.922 and 618.924; and

     (b) Pay an application fee of $25.

     2.  An applicant must notify the Enforcement

Section of a change in his or her mailing address within 15 working days after

the change occurs.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.465  Grounds for denial of application for license. (NRS 618.295, 618.918)  The

Enforcement Section may deny an application for a license on the following

grounds:

     1.  Failure to comply with any of the

requirements, procedures or standards provided in this chapter or chapter 618 of NRS; or

     2.  Use of fraudulent or deceptive means in

procuring a license as a photovoltaic installer.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.468  Renewal of license. (NRS 618.295, 618.918)  To renew

his or her license as a photovoltaic installer, a licensee must, on or before

the date on which the license expires:

     1.  Comply with the requirements set forth in

NRS 618.926; and

     2.  Pay a renewal fee of $25.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

Disciplinary Action

      NAC 618.471  Imposition of administrative fine: Notice. (NRS 618.295, 618.918)  If the

Enforcement Section intends to impose an administrative fine pursuant to NRS 618.930, it will notify the

person of its intention by:

     1.  Delivering a notice of violation to the

person by certified mail;

     2.  Enclosing with the notice of violation:

     (a) A statement indicating the Enforcement

Section’s legal authority and jurisdiction to impose an administrative fine;

     (b) A statement of the reasons for the imposition

of the administrative fine, including a citation of the applicable regulations

supporting the imposition of the fine; and

     (c) A statement of the amount of the administrative

fine; and

     3.  Stating the effective date of the

imposition of the proposed administrative fine upon failure to appeal and the

procedures for bringing an appeal.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.474  Imposition of administrative fine: Appeal; hearing; decision. (NRS 618.295, 618.918)

     1.  A person may appeal the imposition of an

administrative fine by filing an appeal with the Chief within 30 days after the

receipt of the notice of violation.

     2.  An appeal filed pursuant to this section

stays the imposition of the administrative fine.

     3.  An appeal filed pursuant to this section:

     (a) Must be in writing and describe in particular

the matters to be appealed. If it is alleged that the Enforcement Section does

not have the jurisdiction or legal authority to act with regard to the

imposition of an administrative fine, it must be indicated in the appeal

documents.

     (b) Must be accompanied by:

          (1) Any documents applicable to the appeal;

          (2) The names of any witnesses who may be

called at the hearing on the appeal; and

          (3) The expected time needed to present the

appeal.

     4.  The Chief or a designee of the Chief

shall set a date for hearing an appeal within 10 days after the receipt of a

written appeal.

     5.  The Chief or a designee of the Chief

shall hear all appeals made pursuant to this section and give all parties

thereto notice of the hearing and a fair opportunity to participate at the

hearing. The Chief or a designee of the Chief shall issue a written decision

within a reasonable time after the conclusion of the hearing.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

      NAC 618.477  Suspension or revocation of license: Request for hearing;

hearing; decision. (NRS 618.295, 618.918)

     1.  If the Enforcement Section notifies a

licensee that it intends to suspend or revoke his or her license pursuant to NRS 618.932, the licensee may file

a request for a hearing within 30 days after the receipt of the notice of

intention to suspend or revoke.

     2.  A request filed pursuant to this section:

     (a) Must be in writing and describe in particular

the matters to be heard. If it is alleged that the Enforcement Section does not

have the jurisdiction or legal authority to act with regard to the suspension

or revocation, it must be indicated in the filed documents.

     (b) Must be accompanied by:

          (1) Any documents applicable to the suspension

or revocation;

          (2) The names of any witnesses who may be

called at the hearing; and

          (3) The expected time needed for the hearing.

     3.  The Chief or a designee of the Chief

shall hold a hearing within 10 days after the receipt of a written request for

a hearing.

     4.  The Chief or a designee of the Chief

shall hear all requests filed pursuant to this section and give all parties

thereto notice of the hearing and a fair opportunity to participate at the

hearing. The Chief or a designee of the Chief shall issue a written decision

within a reasonable time after the conclusion of the hearing.

     (Added to NAC by Div. of Industrial Relations by R116-06,

eff. 11-13-2006)

CONSTRUCTION PROJECTS

      NAC 618.490  Definitions. (NRS 618.295)  As used

in NAC 618.490 to 618.507,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.494, 618.496

and 618.501 have the meanings ascribed to them in

those sections.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94;

A by R142-98, 2-28-2000)

      NAC 618.494  “Construction project” defined. (NRS 618.295)

     1.  “Construction project” means a project

which involves:

     (a) A total construction cost of $10,000,000 or

more, not including costs for any related highway construction project;

     (b) A new building or structure which, when

completed, will be 50,000 square feet or more; or

     (c) A new building or structure which, when

completed, will be more than 60 feet above the ground or more than 48 feet

below ground level.

     2.  For the purposes of this section:

     (a) The height of a building or structure must be

determined by measuring from the ground level to the highest structural level

of the building or structure, including any parapet wall, mechanical room,

stair tower or elevator penthouse structure, but not including any antenna,

smokestack, flagpole or similar attachment.

     (b) The depth of a building or structure must be

determined by measuring from the ground level to the lowest floor level of the

building or structure. The lowest level of a building or structure does not

include any local depression such as a sump or an elevator pit.

     (c) In computing the height of a building or

structure, the depth of the building or structure must not be considered, and

in computing the depth of a building or structure, the height of the building

must not be considered.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94;

A by R109-00, 9-6-2001)

      NAC 618.496  “Designated safety officer” defined. (NRS 618.295)  “Designated

safety officer” means any person who:

     1.  Is capable of identifying:

     (a) The existing and predictable hazards in the

areas surrounding a construction project; or

     (b) Those working conditions at a construction

project that are unsanitary, hazardous or dangerous to employees; and

     2.  Has the authority to take prompt

corrective measures to eliminate those hazards.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94)

      NAC 618.501  “Project manager or construction superintendent” defined. (NRS 618.295)  “Project

manager or construction superintendent” means any person who has the authority

and ability to remedy any problems related to the safety of persons working on

a construction project under review.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94)

      NAC 618.503  Adoption of standards by reference. (NRS 618.295)

     1.  The Division hereby adopts by reference

the Safety Requirements for Steel Erection, ANSI A10.13, 1989 edition,

published by the American National Standards Institute, 11 West 42nd Street,

New York, New York 10036. The standards may be purchased for the price of $32.

     2.  Each contractor on a construction project

shall comply with the standards adopted pursuant to subsection 1.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94;

A by R142-98, 2-28-2000)

      NAC 618.505  Notice of construction project; meetings between Chief of

Enforcement Section and general contractor or owner of construction project. (NRS 618.295)

     1.  The general contractor or owner, if there

is no general contractor, of a construction project shall, before commencing

construction on the project, give written notice to the Chief which sets forth

the height, square footage, type of construction, total cost of construction

and location of the project.

     2.  After receiving notice pursuant to

subsection 1, the Chief or a person designated by the Chief may require one or

more meetings with the general contractor or owner. The Chief or the person so

designated may require the general contractor or owner to provide at any such

meeting:

     (a) A copy of:

          (1) The written safety program for each

contractor on the construction project; and

          (2) The general plans related to the project

that are prepared by an engineer or architect and are available at the time of

the meeting. The general plans may be requested only to evaluate and comment on

the safety of the workplace at the construction project.

     (b) The names of the following persons working on

the construction project:

          (1) The project manager or construction superintendent;

and

          (2) The designated safety officer.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94)

      NAC 618.507  Elevator or personnel hoist required for construction of certain

structures; approval of alternative means of access. (NRS 618.295)

     1.  Except as otherwise provided in

subsection 4, the general contractor of a construction project or, if there is

no general contractor, the owner, shall install an elevator or personnel hoist

for transporting workers for each building or structure of the construction

project which is more than 60 feet above ground level or more than 48 feet

below ground level.

     2.  For the purposes of this section:

     (a) The height of the building or structure must be

determined by measuring from the ground level to the highest structural level,

including any parapet wall, mechanical room, stair tower or elevator penthouse

structure, but not including any antenna, smokestack, flagpole or other similar

attachment.

     (b) The depth of the building or structure must be

determined by measuring from the ground level to the lowest floor level. The

lowest level of a building or structure does not include any local depression

such as a sump or an elevator pit.

     (c) In computing the height of a building or

structure, the depth must not be considered, and in computing the depth of a

building or structure, the height must not be considered.

     3.  An elevator or hoist required by this

section must:

     (a) Be installed within 10 working days after the

date on which:

          (1) The building or structure measures 60 feet

above ground level or 48 feet below ground level; and

          (2) The installation of the flooring or

decking for a floor or roof begins.

     (b) Operate to a level not less than three floors

below the highest floor erected, or if the building or structure extends more

than 48 feet below ground level, to the lowest level of the building or

structure.

     (c) Be equipped with suitable voice communication

equipment which will allow for communication between the elevator or hoist and

each floor in an emergency.

     4.  Upon the written request of the owner or

contractor of a building or structure under construction, the Enforcement

Section may approve alternate means of access at locations where the

installation or construction of an elevator for transporting employees is not

feasible, if the Enforcement Section provides written notice to and consults

with all affected parties, as determined by the Enforcement Section.

     5.  As used in this section:

     (a) “Alternate means of access” means:

          (1) A crane with a personnel basket, which is

available and accessible in the immediate work area, that is under positive

power up and down if:

               (I) Employees in the basket are protected

by safety belts; and

               (II) Lanyards are attached from the

safety belts to a hook on the cable for the crane.

          (2) Suspended scaffolds that are driven by

power if employees are protected by safety belts that are secured to

independent safety lines and there is a device approved by the Enforcement

Section that controls the descent of the scaffolds.

          (3) Appropriate elevating and rotating

platforms that are vehicle mounted.

          (4) Any other means approved by the

Enforcement Section.

     (b) “Ground level” means the level of the primary

construction entrance to the building or structure.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 6-6-90; A by Div. of Enforcement for Industrial Safety &

Health, 12-11-92; A by Div. of Industrial Relations by R142-98, 2-28-2000)

MANUFACTURE OF EXPLOSIVES

General Provisions

     NAC 618.509  Definitions. (NRS 618.295, 618.890)  As used

in NAC 618.509 to 618.5120,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.5092 to 618.5102,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5092  “Barricade” defined. (NRS 618.295, 618.890)  “Barricade”

means a barrier that effectively screens a building containing explosives from

other buildings, public ways or magazines from the force of an explosion.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5093  “Binary explosive” defined. (NRS 618.295, 618.890)  “Binary

explosive” means an explosive material that is made by combining two

nonexplosive materials.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5094  “Division 1.1 explosives” defined. (NRS 618.295, 618.890)  “Division

1.1 explosives” means explosives that have a mass explosion hazard.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5095  “Division 1.2 explosives” defined. (NRS 618.295, 618.890)  “Division

1.2 explosives” means explosives that have a projection hazard, but not a mass

explosion hazard.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5096  “Division 1.3 explosives” defined. (NRS 618.295, 618.890)  “Division

1.3 explosives” means explosives that have a fire hazard and a minor blast

hazard or a minor projection hazard, but not a mass explosion hazard.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5097  “Explosives manufacturing building” defined. (NRS 618.295, 618.890)  “Explosives

manufacturing building” means a building in which explosives are manufactured.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5098  “Explosives manufacturing plant” defined. (NRS 618.295, 618.890)  “Explosives

manufacturing plant” means a place of employment where explosives are

manufactured or where explosives are used, processed, handled, moved on-site or

stored in relation to their manufacture. The term does not include a place of

employment where there is on-site mixing of a binary explosive if that

explosive is used on the same day at the same site.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5099  “Ground level” defined. (NRS 618.295, 618.890)  “Ground

level” means the level of the primary construction entrance to a building or

structure.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.510  “Magazine” defined. (NRS 618.295, 618.890)  “Magazine”

means a building or structure, other than an explosives manufacturing building,

used for the storage of explosives materials.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5101  “Mass explosion” defined. (NRS 618.295, 618.890)  “Mass

explosion” means an explosion that affects almost the entire load of explosives

instantaneously.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5102  “Provider of training related to explosives” defined. (NRS 618.295, 618.890)  “Provider

of training related to explosives” means a person who holds a certificate of

competency issued by the Enforcement Section to provide annual explosives

training and testing to employees who work at an explosives manufacturing

plant.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

Permit for Construction or Alteration of Explosives

Manufacturing Plant

      NAC 618.5105  Application for permit: Content; incomplete or inaccurate

documentation. (NRS 618.295, 618.898)

     1.  To obtain a permit for the construction

or alteration of an explosives manufacturing plant, a person must submit an

application form to the Enforcement Section and make the following information

available for review by the Administrator or a representative of the

Administrator:

     (a) A copy of the safety plan and procedures for

the explosives manufacturing plant;

     (b) A copy of the written safety program for the

explosives manufacturing plant;

     (c) A copy of the program for process safety

management of highly hazardous chemicals;

     (d) A map of a 1-mile radius surrounding the area

of the explosives manufacturing plant, which identifies all:

          (1) Inhabited buildings;

          (2) Roadways;

          (3) Railways; and

          (4) Other buildings and areas where there may

be people, including, without limitation, ranching operations;

     (e) A plot plan of the explosives manufacturing plant

that includes:

          (1) A general layout of the explosives

manufacturing plant;

          (2) The location of each explosives

manufacturing building within the explosives manufacturing plant with a

description of:

               (I) The types of explosives present in

the building;

               (II) The maximum quantity of each

identified type of explosive; and

               (III) The maximum number of employees who

are present during the manufacturing operations;

          (3) The location of each magazine in the

explosives manufacturing plant;

          (4) The location of all buildings, other than

explosives manufacturing buildings, within the explosives manufacturing plant

and a description of the uses of each such building; and

          (5) The location and dimensions of all

barricades within the explosives manufacturing plant;

     (f) A copy of the building plans for each

explosives manufacturing building within the explosives manufacturing plant,

which include:

          (1) Details and diagrams describing the

materials used to construct the floors, walls, ceilings and roofs of each

building, including the location and setup of revetment and blast walls;

          (2) Electrical installations and fixtures, and

diagrams describing locations, type and code designations of those

installations and fixtures;

          (3) Diagrams of the plumbing, including water

supply, drains and grey water;

          (4) Plans and diagrams of the ventilation of

each building, including heating, ventilation and air-conditioning systems and

local exhaust systems;

          (5) Fire suppression systems, if installed;

          (6) Lightning protection systems, if

installed;

          (7) Steam plant and steam distribution

systems, if installed; and

          (8) Detailed diagrams of the electrostatic

discharge system, if installed; and

     (g) A copy of the building plans for all buildings,

other than explosives manufacturing buildings.

     2.  If the Enforcement Section receives

incomplete or inaccurate documentation in an application package for a

construction permit, the Enforcement Section shall notify the applicant for the

permit in writing and inform him or her of the deficiencies. An applicant must

correct the deficiencies within 30 days after being notified of the

deficiencies.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5106  Suspension or revocation of permit for violations. (NRS 618.295, 618.898)  The

Enforcement Section may suspend or revoke a permit issued pursuant to NRS 618.898 if the Enforcement

Section finds that:

     1.  The holder of the permit is in violation

of any federal or state statute or regulation that governs activities for the

safe manufacture of explosives; and

     2.  The violation constitutes an imminent

danger.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5107  Notice of suspension or revocation of permit. (NRS 618.295, 618.898)

     1.  Before the Enforcement Section may

suspend or revoke a permit pursuant to NAC 618.5106,

the Enforcement Section shall notify the holder of the permit of the suspension

or revocation by delivering, by certified mail, a notice of suspension or

revocation to the holder at the address indicated on the application for the

permit.

     2.  A notice of suspension or revocation

issued pursuant to this section must include:

     (a) A statement indicating the legal authority and

jurisdiction of the Division to suspend or revoke the permit; and

     (b) A statement of the reasons for the suspension

or revocation, including a citation of the federal or state statutes or

regulations that support the suspension or revocation.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5108  Appeal of suspension or revocation of permit. (NRS 618.295, 618.898)

     1.  A holder of a permit issued pursuant to NRS 618.898 may appeal the

suspension or revocation of the permit by filing an appeal with the

Administrator within 15 days after the date on which the permit is suspended or

revoked.

     2.  An appeal filed pursuant to this section

must be made in writing and describe in particular the matters to be appealed.

An appeal must be accompanied by:

     (a) All documents that are applicable to the

appeal;

     (b) The names of any witnesses who may be called at

the hearing on the appeal; and

     (c) The expected time needed to present the appeal.

     3.  If a holder of a permit who is appealing

the suspension or revocation of the permit alleges that the Division does not

have legal authority or jurisdiction to act with regard to the suspension or

revocation of the permit, the holder of the permit must so indicate on his or

her appeal.

     4.  The Administrator or a designee of the

Administrator shall set a date for hearing an appeal filed pursuant to this

section within 30 days after the date on which the appeal is received by the

Division. A holder of a permit may request that the hearing be held on an

earlier date by submitting a written request to the Administrator. A request

for an earlier date must demonstrate that the holder of the permit will suffer

a substantial hardship if the date of the hearing for the appeal is not changed

and must include a proposed date for the hearing. The holder of the permit has

the burden of establishing the existence of a substantial hardship.

     5.  The Administrator or a designee of the

Administrator shall hear all appeals filed pursuant to this section and give

each party to such an appeal notice of the hearing on the appeal and an

opportunity to participate in the hearing. The Administrator or a designee of

the Administrator shall issue his or her decision on the appeal within a

reasonable time after the conclusion of the hearing. The decision of the

Administrator or a designee of the Administrator issued pursuant to this

section is a final decision for the purposes of judicial review.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

Certificates of Competency

      NAC 618.511  Services for which certificate required. (NRS 618.295, 618.890)  A person

shall not provide annual explosives training or testing of employees who

manufacture explosives unless the person has first obtained a certificate of

competency from the Enforcement Section.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5111  Requirements for certificate. (NRS 618.295, 618.890)  To

receive a certificate of competency, a person must provide to the Enforcement

Section:

     1.  A completed application on a form

provided by the Enforcement Section;

     2.  A description of the qualifications of

the applicant;

     3.  A copy of the lesson plans and course

materials that the applicant will be using to instruct the explosives training

course; and

     4.  A copy of the examinations, including

answers, that the applicant will be using to instruct the explosives training

course.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5112  Renewal of certificate. (NRS 618.295, 618.890)  A

certificate of competency must be renewed by the holder of the certificate

annually, and at any other time that the explosives training which the holder

is instructing is updated. To renew the certificate of competency, the holder

of the certificate must submit an application for renewal to the Enforcement

Section. Such an application must include a copy of all new and updated

materials to be used in the explosives training.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5113  Suspension or revocation of certificate. (NRS 618.295, 618.890)

     1.  The Enforcement Section may, at any time,

upon a showing of good cause and after notice and an opportunity to be heard,

suspend or revoke a certificate of competency.

     2.  The Enforcement Section shall provide

notice of the suspension or revocation of a certificate of competency to the

holder of the certificate at least 48 hours before the time set by the

Enforcement Section for a hearing on the matter.

     3.  Service of a notice of suspension or

revocation of a certificate of competency must be made by personal service or

by certified mail to the holder of the certificate. Such a notice must specify

the reason for the suspension or revocation of the certificate to allow the

holder of the certificate to prepare for the hearing on the matter.

     4.  A hearing on the suspension or revocation

of a certificate of competency must be held at the Office of the Enforcement

Section as soon as possible after the Enforcement Section determines that the

certificate should be suspended or revoked. The Chief or a designee of the

Chief shall preside over such a hearing.

     5.  At a hearing held pursuant to this

section, the Enforcement Section has the burden of establishing the existence

of good cause for the suspension or revocation of the certificate of

competency. Good cause shall be deemed to exist if the Enforcement Section

establishes that the holder of the certificate did not provide the required

explosives training or examination.

     6.  The Chief or a designee of the Chief, as

appropriate, shall issue his or her decision on the matter within a reasonable

time after the conclusion of the hearing. A decision by the Chief or a designee

of the Chief is a final decision for the purposes of judicial review.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5114  Notification of Enforcement Section of pending explosives

training course. (NRS 618.295, 618.890)  A holder

of a certificate of competency must, at least 10 days before conducting an

explosives training course, notify the Enforcement Section so that the

Enforcement Section may audit the course if it so chooses.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

Safety Programs and Procedures

      NAC 618.5115  Adoption by reference of standards relating to process safety

management of highly hazardous chemicals. (NRS 618.295, 618.890)  An

employer that manufactures explosives must comply with the requirements set

forth in 29 C.F.R. § 1910.119, relating to process safety management of highly

hazardous chemicals, which is hereby adopted by reference. A copy of 29 C.F.R.

Parts 1900-1910 may be obtained for $42 by mail from the Superintendent of

Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis,

Missouri 63197-9000, or by toll-free telephone at (866) 512-1800.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

      NAC 618.5116  Adoption by reference of standards relating to the storage of

explosives. (NRS

618.295, 618.890)  An

employer that manufactures explosives must comply with the requirements

relating to the storage of explosives that are set forth in 27 C.F.R. §§ 55.201

et seq., which is hereby adopted by reference. A copy of 27 C.F.R. Parts 1-199

may be obtained for $57 by mail from the Superintendent of Documents, U.S.

Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or

by toll-free telephone at (866) 512-1800.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5117  Establishment of safety procedures and written safety program;

availability of training materials to employees. (NRS 618.295, 618.383, 618.890)

     1.  In addition to any other requirement set

forth in subsection 2 of NRS 618.383

or in NAC 618.540, an employer that manufactures

explosives shall establish and carry out safety procedures and a written safety

program. The safety procedures and program must include:

     (a) Work rules to prevent the exposure of employees

to hazards and accidental explosions in the workplace.

     (b) A program concerning personal protective

equipment that is in compliance with 29 C.F.R. § 1910.132.

     (c) If the employer manufactures any explosive

containing trinitrotoluene, a program for medical surveillance of the employees

who manufacture the explosives that is under the direction of a licensed

physician.

     (d) If the employer manufactures division 1.1, 1.2

or 1.3 explosives, or any combination thereof, the provision of a change room

and shower facility that conforms with 29 C.F.R. § 1910.141.

     (e) Provisions for the security of the site to

ensure that only designated persons enter the explosives manufacturing plant.

     (f) Procedures that are to occur during the

approach and duration of an electrical storm that suspend manufacturing

operations and allow for the safe withdrawal of the employees working in the

explosives manufacturing plant.

     (g) An emergency evacuation plan, which must be

tested at least once each year.

     (h) Procedures for the safe movement of explosives

materials within the explosives manufacturing plant.

     (i) Procedures for testing explosives and for

quality control operations.

     (j) The limits for the number of personnel and

amount of explosives for each explosives manufacturing building, which must be

posted on each such building.

     (k) The limit of the amount of explosives materials

for each magazine, which must be posted on the magazine.

     (l) Procedures to ensure that foreign matter that

could cause an accidental explosion does not enter the process of manufacturing

the explosives.

     (m) Operating rules and standard operating

procedures, which must be posted for each operation involving explosives

materials.

     (n) Procedures to ensure that personnel do not

enter, remain in or go near explosives manufacturing buildings unless it is

necessary for the personnel to enter, remain in or go near such a building in

the performance of their duties.

     (o) Procedures to ensure that only approved tools are

used for construction, maintenance and repairs in explosives material

operations.

     2.  An employer that manufactures explosives

shall make available to its employees copies of the initial explosives training

program and annual training programs which those employees are required to

take.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5118  Training of employees for duties relating to manufacture of

explosives. (NRS

618.295, 618.890)  An

employee must participate in an explosives training course and pass an

examination from that course before an employer may assign the employee to any

duties relating to the manufacturing of explosives. An employee who is assigned

to any duties relating to the manufacturing of explosives shall annually

participate in a refresher explosives training course.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5119  Separation of buildings within confines of explosives

manufacturing plant. (NRS 618.295, 618.890)

     1.  Except as otherwise provided in this

section, a building that contains division 1.1, 1.2 or 1.3 explosives, or any

combination thereof, must be separated from all other buildings, including

magazines, that are within the confines of the explosives manufacturing plant

by a distance as follows:

 



 





 





Distance in





 





 





Distance in







Pounds

of





Pounds of





  feet when





Pounds

of





Pounds of





  feet when







explosives





explosives





  building is





explosives





explosives





  building is







over





  not over





  barricaded





over





  not over





  barricaded







 





 





 





 





 





 







            2





          5





        16





   12,000





   14,000





      220







            5





        10





        20





   14,000





   16,000





      230







          10





        20





        25





   16,000





   18,000





      238







          20





        30





        28





   18,000





   20,000





      245







          30





        40





        31





   20,000





   25,000





      265







          40





        50





        34





   25,000





   30,000





      280







          50





        75





        38





   30,000





   35,000





      295







          75





      100





        42





   35,000





   40,000





      310







        100





      125





        45





   40,000





   45,000





      320







        125





      150





        48





   45,000





   50,000





      330







        150





      200





        53





   50,000





   55,000





      340







        200





      250





        57





   55,000





   60,000





      350







        250





      300





        60





   60,000





   65,000





      360







        300





      400





        66





   65,000





   70,000





      370







        400





      500





        71





   70,000





   75,000





      380







        500





      600





        76





   75,000





   80,000





      390







        600





      700





        80





   80,000





   85,000





      395







        700





      800





        84





   85,000





   90,000





      400







        800





      900





        87





   90,000





   95,000





      410







        900





   1,000





        90





   95,000





100,000





      420







     1,000





   1,200





        96





100,000





110,000





      430







     1,200





   1,400





      101





110,000





120,000





      445







     1,400





   1,600





      106





120,000





130,000





      455







     1,600





   1,800





      110





130,000





140,000





      465







     1,800





   2,000





      113





140,000





150,000





      475







     2,000





   2,500





      122





150,000





160,000





      485







     2,500





   3,000





      130





160,000





170,000





      495







     3,000





   4,000





      143





170,000





180,000





      505







     4,000





   5,000





      154





180,000





190,000





      515







     5,000





   6,000





      164





190,000





200,000





      525







     6,000





   7,000





      172





200,000





210,000





      535







     7,000





   8,000





      180





210,000





230,000





      555







     8,000





   9,000





      190





230,000





250,000





      575







     9,000





10,000





      200





250,000





275,000





      600







   10,000





12,000





      210





275,000





 





      635







 

     2.  If a building or magazine that contains

explosives does not have a barricade as prescribed by NAC

618.5120, the required distance between the building or magazine and other

buildings and magazines as determined by this section must be doubled.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

     NAC 618.5120  Requirements for barricades. (NRS 618.295, 618.890)  A

barricade for a building or magazine containing explosives materials must

effectively screen the building from the other buildings, public ways and

magazines in the explosives manufacturing plant. A barricade that is made of

mounds of revetted walls of earth must be not less than 3 feet in thickness. A

barricade for a building or magazine containing explosives materials will be

considered to be in compliance with this section if a straight line from the

top of any side wall of the building or magazine to the eave line of any other

building, or to a point that is 12 feet above the center line of a public way,

passes through the barricade for the building or magazine.

     (Added to NAC by Div. of Industrial Relations by R109-00,

eff. 9-6-2001)

MANUFACTURE, HANDLING AND STORAGE OF AMMONIUM PERCHLORATE

      NAC 618.5155  Definitions. (NRS 618.295)  As used

in NAC 618.5155 to 618.5335,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.5159 to 618.5215,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5159  “Ammonium perchlorate” defined. (NRS 618.295)  “Ammonium

perchlorate” means any chemical compound in a solid state that is represented

by the formula NH4ClO4.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5163  “Blending” defined. (NRS 618.295)  “Blending”

means any operation in which different lots of ammonium perchlorate are

combined together in a mixture.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5167  “By-product” defined. (NRS 618.295)  “By-product”

means any chemical compound, other than ammonium perchlorate, that is produced

during the manufacture of ammonium perchlorate, separated from the process of

manufacturing and not reintroduced into the process.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5171  “Chemical intermediate” defined.

(NRS 618.295)  “Chemical

intermediate” means any chemical compound that is produced as a precursor in

the manufacture of ammonium perchlorate. The term does not include any

by-product.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5179  “Drying” defined. (NRS 618.295)  “Drying”

means any operation in which ammonium perchlorate is dehydrated.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5183  “Explosive properties” defined. (NRS 618.295)  “Explosive

properties” means physical or chemical characteristics that cause a chemical

compound or a mixture to undergo a very rapid chemical change, with the

evolution of a large volume of highly heated gases that exert pressure in the

surrounding medium, if the compound or mixture is subjected to heat, impact,

friction, detonation or other suitable initiation.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5187  “Incompatible material” defined.

(NRS 618.295)  “Incompatible

material” means:

     1.  Any material that is ignited easily and

burns readily; or

     2.  Any substance that, when mixed with

ammonium perchlorate, decreases the stability of the mixture and makes it more

susceptible to an undesired event.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5191  “Operation” defined. (NRS 618.295)  “Operation”

means any activity directly involved in the manufacture, handling or storage of

ammonium perchlorate or any chemical intermediate.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5195  “Operation building” defined. (NRS 618.295)  “Operation

building” means any structure in which an operation occurs.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5199  “Operation facility” defined. (NRS 618.295)  “Operation

facility” means the land, structures and machinery used directly in the

manufacture, handling or storage of ammonium perchlorate.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5203  “Process” defined. (NRS 618.295)  “Process”

means any treatment or chemical reaction used in the manufacture of ammonium

perchlorate. The term includes oxidation, reduction, double decomposition,

displacement, electrolysis, pumping, filtration, evaporation, crystallization,

drying, screening, conveying, pneumatic transferring, blending and packaging.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5207  “Qualified employee” defined. (NRS 618.295)  “Qualified

employee” means a person employed at an operation facility who:

     1.  Possesses a recognized degree or

certificate; or

     2.  Through extensive knowledge, training and

experience, has successfully demonstrated the ability to solve problems

relating to the operation at the facility.

     (Added to NAC by Div. of Enforcement for Industrial

Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5211  “Redissolve ammonium perchlorate” defined. (NRS 618.295)  “Redissolve

ammonium perchlorate” means ammonium perchlorate that is designated for

reprocessing.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5215  “Storage pad” defined. (NRS 618.295)  “Storage

pad” means any flat surface, whether enclosed, partially enclosed or

unenclosed, on which ammonium perchlorate is stored.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5219  Applicability. (NRS 618.295)  The

provisions of NAC 618.5155 to 618.5335, inclusive, apply to all activities

involving the manufacture, handling or storage of ammonium perchlorate in this

State except:

     1.  The handling or storage of less than 10

pounds of ammonium perchlorate;

     2.  The transportation of ammonium

perchlorate on any railway or public highway;

     3.  The handling or storage of ammonium

perchlorate solely for educational purposes in a laboratory of a school or

college; or

     4.  The

storage of less than 1,000 pounds of ammonium perchlorate in a laboratory for

quality control.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5223  Training of employees. (NRS 618.295)  All

employees of every employer, contractor and subcontractor engaged in the

manufacture, handling or storage of ammonium perchlorate, except delivery and

service workers, must be trained regarding the requirements of NAC 618.5155 to 618.5335,

inclusive. Suitable documentation concerning the training must be maintained by

the employer, contractor or subcontractor.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5231  Plan of action for emergency. (NRS 618.295)  An

employer who operates an operation facility shall establish and maintain for

the facility a written plan of action to be taken in an emergency. The plan

must satisfy the requirements of 29 C.F.R. § 1910.38 or 29 C.F.R. §

1910.120(q).

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5235  Contractors and subcontractors: Duties of employer who operates

operation facility. (NRS 618.295)  An

employer who operates an operation facility shall:

     1.  Inform any

contractor or subcontractor performing work at the facility of:

     (a) All known potential hazards of fire or

explosion associated with the activities of the contractor or subcontractor;

and

     (b) Any known potential for exposure to toxic

substances related to these activities;

     2.  Inform each such contractor and

subcontractor of any rules of safety of the facility that apply to the work

being performed;

     3.  Provide each such contractor or

subcontractor with a copy of the provisions of the emergency plan of action

required by NAC 618.5231 that apply to the work

being performed;

     4.  Designate a qualified employee to oversee

the work being done, to assure that the employees of the contractor or

subcontractor follow all operating procedures and rules of safety applicable to

the work; and

     5.  Ensure that the employees of the

contractor or subcontractor receive training relating to:

     (a) The hazards associated with ammonium

perchlorate; and

     (b) The practices

necessary to perform their work safely.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5239  Protective clothing and equipment; showers. (NRS 618.295)  At each

operation facility:

     1.  If required

for the protection of employees, appropriate protective clothing, protective

equipment for the eyes and face and respiratory protective equipment must be

worn by all employees.

     2.  Each employee must be trained in the use

and importance of the clothing and equipment described in subsection 1.

     3.  Any employee who has come into physical

contact with ammonium perchlorate must be allowed to shower before the end of

his or her shift.

     4.  Rubber foot coverings or other

appropriate foot coverings must be worn at all times by any person who enters

an area of the facility in which he or she can come into contact with ammonium

perchlorate or any chemical intermediate.

     5.  Each

person shall remove any contaminated clothing or foot coverings he or she is

wearing before leaving the facility. The clothing and coverings must not be

removed from the facility until they are decontaminated.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5243  Facilities for employees to change clothing. (NRS 618.295)  A

building with facilities for employees to change into and out of work clothes

must be provided at each operation facility used to manufacture ammonium

perchlorate. The building must comply with the provisions of 29 C.F.R. §

1910.141.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5247  Requirements for construction of operation building. (NRS 618.295)

     1.  Incompatible

materials must not be used in the construction of any part of an operation

building that may come into direct contact with ammonium perchlorate.

     2.  All electrical switches, controls,

motors, wiring and equipment located in any part of an operation building where

ammonium perchlorate dust is present must conform to the requirements of 29

C.F.R. § 1910.307 for hazardous locations designated as Class II, Division 2.

     3.  The primary electrical supply to any

operation building must be so arranged that it can be cut off by switches

located away from the building at one or more locations.

     4.  All surfaces in an operation building

must be constructed to facilitate cleaning and, to the extent practicable, must

have no cracks or crevices in which ammonium perchlorate can lodge or

accumulate.

     5.  Each

operation building in which the blending, screening or drying of ammonium

perchlorate is performed must be provided with an automatic system for the

detection of fire and initiation of the operation of a sprinkler system.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5251  Posting of signs prohibiting smoking. (NRS 618.295)  Each

operation building in which blending, screening or drying is performed and each

storage pad must be clearly posted with signs prohibiting smoking.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5255  Standards for equipment used to manufacture ammonium perchlorate. (NRS 618.295)

     1.  Equipment

for blending which is used in the manufacture of ammonium perchlorate must be

of a construction suitable for the hazards of the materials with which it is

used.

     2.  Any motorized equipment used to drive a

blender, mixer, press, screener or other equipment used to handle ammonium perchlorate

in any process must have an enclosure for the motor which keeps the motor free

from dust.

     3.  Any new or

newly repaired equipment used in an operation must be cleaned, examined and

tested before being placed into routine operation.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5259  Safe temperature for drying ammonium perchlorate; mechanism for

controlling temperature. (NRS 618.295)

     1.  A safe

temperature for drying ammonium perchlorate must be established by the employer

and identified in the written procedure established for that operation.

     2.  Equipment

used for drying must be equipped with a mechanism for controlling the temperature

when it exceeds the safe temperature. The mechanism must operate on an

independent electrical circuit and have a manual reset switch.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5263  Use of separator or detector of foreign materials in screening of

raw materials. (NRS 618.295)  If

necessary for the safe handling of the materials, the screening of raw

materials must be supplemented by a separator or detector of foreign materials.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5267  Barriers to protect against entry; posting of signs warning

against trespassing. (NRS 618.295)  The

boundaries of an operation facility must be fenced unless topographical or

other barriers provide adequate protection against entry. Signs warning against

trespassing must be posted at 100-foot intervals around the boundaries of the

facility.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5271  Operating procedures and rules of safety. (NRS 618.295)  Each

operation must be conducted in accordance with written operating procedures and

rules of safety. These procedures and rules must include, without limitation:

     1.  A description of the procedure required

for the safe performance of the operation.

     2.  A provision for the use of any personal

protective clothing and equipment required for the operation.

     3.  A provision for the assurance of the

quality of the product.

     4.  A provision for the inspection and

maintenance of equipment used in the operation.

     5.  A provision for the performance of

periodic audits of safety.

     6.  A description of required housekeeping

and operational procedures and procedures for storage.

     7.  In the case of a new operation or

process, a description of the procedure for carrying the operation or process

into effect, including a provision for a detailed analysis of hazards before

and after the operation or process is put into effect.

     8.  A description of the procedure for the

destruction or disposal of ammonium perchlorate and all chemical intermediates.

     9.  A provision for the investigation of any

incident, including any near-miss.

     10.  A

description of the procedure for reporting any fire.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5275  Availability and enforcement of operating procedures. (NRS 618.295)

     1.  Applicable

portions of the written procedure established for each operation must be

readily available to all employees engaged in performing the operation.

     2.  Each

supervisory employee shall maintain a copy of the entire procedure established

for the operation he or she supervises. Each such employee is responsible for

the enforcement of the procedure.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5279  General requirements for manufacture, handling and storage of

ammonium perchlorate. (NRS 618.295)

     1.  Ammonium

perchlorate must be manufactured, handled and stored as a substance with

explosive properties.

     2.  A person

shall not store, handle or convey ammonium perchlorate under circumstances or

in a manner constituting an undue hazard to the health or safety of any

employee.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5283  Clean up of spills and hazardous residues; maintenance of clean

environment. (NRS

618.295)

     1.  Any spill

of ammonium perchlorate, a chemical intermediate or by-product must be cleaned

up immediately. An appropriate system for the clean up and collection of hazardous

residues must be provided and used at each operation facility.

     2.  Each operation building must be cleaned

to prevent accumulations of ammonium perchlorate, chemical intermediates or

by-products. Incompatible materials not required for an operation must be

removed from the building at least daily or as often as necessary to maintain a

clean environment.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5287  Redissolution or disposal of contaminated ammonium perchlorate. (NRS 618.295)  Except

as otherwise provided in this section, ammonium perchlorate that is known or

suspected to be contaminated with an incompatible material must be promptly

redissolved. If a redissolution is not practical or prudent, the ammonium

perchlorate must be disposed of in a manner that does not create an undue

hazard to the health or safety of any person.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5291  Identification, labeling and tracking of redissolve and finished

ammonium perchlorate. (NRS 618.295)  Redissolve

and finished ammonium perchlorate must be identified, labeled and tracked from

production to final disposition.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5295  Tools and equipment. (NRS 618.295)

     1.  Appropriate

tools and equipment must be used in each operation, including any clean-up

activity.

     2.  Any tool

used to lubricate, repair or adjust equipment used in an operation must be

removed from the operation building or returned to its proper location within

the building before routine operations are resumed. The provisions of this

subsection do not apply to any tool that is used to adjust the equipment when

it is started or any tool that is routinely carried by employees.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5299  Repair of operation building and machinery. (NRS 618.295)  Any

repair to an operation building or to machinery used in an operation must not

be made without prior cleanup, decontamination and the approval by a qualified

employee designated by the employer.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5303  Use of inorganic oil for lubrication. (NRS 618.295)  To the

extent practicable, inorganic oil must be used for lubrication within an

operation facility.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5307  Facilities for storage of lubricating oil or fuel oil;

performance of fueling operations. (NRS 618.295)

     1.  All

facilities for the storage of lubricating oil or fuel oil, including heating oil,

must be:

     (a) Separated from any operation building or

storage pad; and

     (b) Designed in such a way that, in the event of a

ruptured tank, the oil will drain away from the operation building or storage

pad or into a containment area.

     2.  All

fueling operations must be performed away from any operation building or

storage pad.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5311  Restriction of vehicular traffic; inspection and cleaning of

vehicles used within operation facility. (NRS 618.295)

     1.  Except as

required for the purposes of education or training, vehicular traffic that is

not essential to the conduct or maintenance of the operation must not be

permitted in an operation facility.

     2.  Any

vehicle used within an operation facility must be inspected daily, and washed

or cleaned with steam if necessary, to prevent the accumulation of ammonium

perchlorate or any incompatible material.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5315  Permit for hot work. (NRS 618.295)

     1.  A permit

is required for any hot work performed at an operation facility, except for

work performed in a welding shop that is permanently established at the

facility. Each employer shall designate a qualified employee to issue such

permits.

     2.  A permit for hot work:

     (a) Must certify that, before the beginning of the

work, there has been compliance with the requirements for fire prevention and

protection contained in 29 C.F.R. §§ 1910.251 and 1910.252;

     (b) Must identify the equipment or facility on

which the work is to be done; and

     (c) Must be kept at the site of the work until the

work is completed.

     3.  A permit for hot work remains valid as

long as the work continues without interruption. If work is interrupted for

more than 90 minutes, a new permit must be issued before work is resumed. If

work is interrupted for 90 minutes or less, the person to whom the permit is

issued shall inspect the area for any hazardous condition before resuming work.

If any such condition exists, it must be corrected before work is resumed.

     4.  As used in

this section, “hot work” means any work involving welding, cutting, brazing,

grinding or any similar activity that produces a flame or a spark.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5319  Transportation of ammonium perchlorate. (NRS 618.295)

     1.  If

ammonium perchlorate is transported within an operation facility, it must be

placed in a container meeting the requirements of NAC

618.5331 and covered with a lid. Motorized equipment used to transport

ammonium perchlorate may be operated only by a trained and authorized employee.

     2.  Any powered industrial truck used for the

transportation of ammonium perchlorate must meet the requirements of 29 C.F.R.

§ 1910.178 for trucks designated LPS or ES.

     3.  As used in

this section, “authorized employee” means an employee designated or assigned by

an employer to perform specific duties or to be present at a specific location

at a job site.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5323  Storage of ammonium perchlorate: General requirements. (NRS 618.295)

     1.  Ammonium

perchlorate must be stored on a storage pad except while it is in process,

being loaded or unloaded into a vehicle for transportation or during handling.

     2.  Not more

than 300,000 pounds of ammonium perchlorate may be stored on any storage pad.

Not more than 80,000 pounds of redissolve ammonium perchlorate may be stored at

an operation facility at any time.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5327  Storage of ammonium perchlorate: Construction of storage pad. (NRS 618.295)  Any

storage pad constructed or replaced on or after March 1, 1992, must be

constructed of concrete.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5331  Storage of ammonium perchlorate: Requirements for containers. (NRS 618.295)

     1.  Any container

used to store ammonium perchlorate:

     (a) Must be approved by the Enforcement Section or

comply with the standards set forth in 49 C.F.R. § 173.239a, as it existed on

July 1, 1990, for containers used in the transportation of ammonium

perchlorate.

     (b) Must be examined before use for the presence of

any foreign material.

     (c) Must not be stacked on top of another such

container.

     2.  Any

container designated for disposal must be visually inspected for contamination

by ammonium perchlorate and thoroughly cleaned before disposal.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

      NAC 618.5335  Storage of ammonium perchlorate: Distances from inhabited

buildings, storage pads and operation buildings. (NRS 618.295)

     1.  Inhabited buildings, storage pads and

operation buildings must be separated by the following minimum distances from

the specified quantities of ammonium perchlorate in storage. The distance

specified in each instance is the distance, at their nearest points to each

other, between the ammonium perchlorate in storage and the inhabited building,

storage pad or operation building, as the case may be.

 



 

Pounds

of

Ammonium

Perchlorate

 





 

Inhabited

Building

 





 

Storage

Pad

 





 

Operation

Building

 







 

Over

 





 

Not

over

 





 

Minimum

Separation Distance (Feet)

 







 





 





 





 





 







                    10





         1,000





           75





           15





           50







               1,000





         5,000





         115





           30





           85







               5,000





       10,000





         150





           30





         110







             10,000





       20,000





         190





           60





         135







             20,000





       30,000





         215





           60





         155







             30,000





       40,000





         235





           85





         170







             40,000





       50,000





         250





           85





         185







             50,000





       60,000





         260





         100





         200







             60,000





       70,000





         270





         100





         205







             70,000





       80,000





         280





         100





         215







             80,000





       90,000





         295





         100





         225







             90,000





     100,000





         300





         100





         235







           100,000





     200,000





         375





         100





         290







           200,000





     300,000





         450





         100





         335





 

     2.  As used in

this section, “inhabited building” means any structure that is regularly

occupied, in whole or in part, by human beings, but does not include an

operation building.

     (Added to NAC by Div. of

Enforcement for Industrial Safety & Health, 1-22-92, eff. 3-1-92)

SAFETY PROGRAMS

      NAC 618.538  Establishment

of written safety program. (NRS 618.295, 618.383)  An

employer who enters into business in this State after May 18, 1994, shall,

within 60 days after the date on which his or her eleventh employee is hired in

this State, establish a written safety program in accordance with NRS 618.383 and NAC 618.538 to 618.544,

inclusive.

     (Added to NAC by Div. of Industrial Relations, eff. 5-18-94;

A by R142-98, 2-28-2000)

      NAC 618.540  Requirements of written safety program. (NRS 618.295, 618.383)

     1.  Except as

otherwise provided in this section, in addition to the requirements set forth

in subsection 2 of NRS 618.383,

a written safety program must include:

     (a) A statement explaining that the managers,

supervisors and employees are responsible for carrying out the program;

     (b) An explanation of the methods used to identify,

analyze and control new and existing hazardous conditions;

     (c) An explanation of the methods used to ensure

that employees receive the appropriate safety and health training before

performing their work duties;

     (d) The procedures that must be followed to

investigate an accident which has occurred and the corrective actions that are

to be initiated; and

     (e) A method for ensuring that employees comply

with the safety rules and work practices.

     2.  Except as otherwise provided in this

section, an employer with more than 25 employees who is required to establish a

safety committee pursuant to NRS

618.383 shall include in the written safety program:

     (a) The manner in which members of the committee

are selected;

     (b) The purpose and duties of the committee; and

     (c) The frequency of the meetings of the committee.

     3.  In lieu of

establishing a written safety program in accordance with subsections 1 and 2,

an employer may establish an equivalent written safety program if the employer

obtains the approval of the Administrator.

     (Added to NAC by Div. of

Industrial Relations, eff. 11-5-93; A by R142-98, 2-28-2000; R124-00, 9-6-2001)

      NAC 618.542  Records of written safety program. (NRS 618.295, 618.383)

     1.  An employer who establishes a written

safety program shall keep written records of:

     (a) The safety and health issues which are

discussed at the meetings of the safety committee, if the employer is required

to establish such a committee;

     (b) The attendance of those persons who participate

in the meetings of the safety committee; and

     (c) The attendance of employees participating in

the training programs.

     2.  The records must be:

     (a) Maintained for 3 years; and

     (b) Available for

review by the Division upon request.

     (Added to NAC by Div. of

Industrial Relations, eff. 11-5-93; A by R142-98, 2-28-2000)

      NAC 618.544  Conformance with document and videotape produced by Division. (NRS 618.295, 618.376)

     1.  The contents of the document required by NRS 618.376 that sets forth the

rights and responsibilities of employers and employees to promote safety in the

workplace must conform with “Nevada Workplace Safety: Your Rights and

Responsibilities,” SCATS Form IE, 0-302, published by the Division. The

Division will publish “Nevada Workplace Safety: Your Rights and

Responsibilities” in English, Spanish and any other language the Division

determines is appropriate.

     2.  The contents of the videotape required by

NRS 618.376 that sets forth the

rights and responsibilities of employers and employees to promote safety in the

workplace must conform with “Safety in the Workplace,” produced by the

Division. The Division will produce “Safety in the Workplace” in English,

Spanish and any other language the Division determines is appropriate.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

VARIANCES FROM STANDARDS

General Provisions

      NAC 618.630  Definitions.

(NRS

618.295)  As

used in NAC 618.630 to 618.6382,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.6304 to 618.6313,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.6304  “Affected employee” defined. (NRS 618.295)  “Affected

employee” means an employee who would be affected by the grant or denial of a

variance from a standard adopted pursuant to chapter 618 of NRS, or the employee’s

authorized representative, such as his or her agent for collective bargaining.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6307  “Interim order” defined. (NRS

618.295)  “Interim

order” means an order which is effective during the period between the receipt

of a request for a variance and a final decision.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.631  “Permanent order” defined. (NRS 618.295)  “Permanent

order” means an order for a variance which remains in effect for the time

during which the conditions addressed in the request exist.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6313  “Temporary order” defined. (NRS 618.295)  “Temporary

order” means an order which is effective during the period after the adoption

of a new standard to allow the employer a reasonable time to conform to the new

standard.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6316  Application for permanent variance: General requirements. (NRS 618.295)  An

application for a permanent variance from a standard adopted under chapter 618 of NRS must:

     1.  Be

submitted on a form provided by the Enforcement Section.

     2.  Be legible.

     3.  Be signed by the applicant or an

authorized representative of the applicant.

     4.  Contain a

statement, signed by a representative of the employees or an employee who knows

the contents of the application, that he or she has read the application.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.6319  Application for permanent variance: Contents. (NRS 618.295)  An

application for a permanent variance must include:

     1.  The

applicant’s name, address and telephone number;

     2.  The address of each place of employment

involved;

     3.  A description of the conditions,

practices, methods, operations or processes used or proposed to be used by the

applicant;

     4.  A statement showing how the conditions,

practices, methods, operations or processes used or proposed to be used would

provide the applicant’s employees with employment and places of employment

which are as safe and healthful as those required by the standard from which

the variance is sought;

     5.  A certification that the applicant has

informed his or her employees of the application by:

     (a) Giving a copy of it to their authorized

representative; and

     (b) Posting a copy of the text or a summary of the

application at each place where the applicant normally posts notices to his or her

employees; and

     6.  A

description of the way the applicant’s employees have been informed of their

right to petition the Administrator for a hearing.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6322  Interim order: Application; notice of terms of order. (NRS 618.295)

     1.  An

employer may apply for an interim order for a variance to be effective until a

decision is rendered on an application for a temporary variance. An application

for an interim order may include statements of fact and reasons why the order

should be granted. The Administrator may rule ex parte upon the application.

     2.  If such an application is denied, the

Administrator will give the applicant prompt notice of the denial. The notice

will include or be accompanied by a brief statement of the grounds for the

denial.

     3.  If an

interim order is granted, the Administrator will have a copy of it served upon

the applicant and other parties. The terms of the order are a public record and

will be published in at least two daily newspapers. The affected employer shall

give notice of such an interim order to his or her affected employees by the

same means as would be used to inform them of an application for a permanent or

temporary variance.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6325  Consideration of application made while proceeding on citation

pending. (NRS

618.295)  If

a citation has been issued to an employer and a proceeding on the citation or a

related issue concerning a proposed penalty or period of abatement is pending

before the Occupational Safety and Health Review Board, the Administrator will

not consider an application for a variance from a standard adopted under chapter 618 of NRS until the completion

of that proceeding.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6328  Consolidation. (NRS 618.295)  The

Administrator will, on his or her own motion or that of any party to a

proceeding, consolidate or contemporaneously consider two or more applications

for variances which involve the same or closely related issues if efficiency

would result from a consolidation and the parties would not be prejudiced by

it.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6331  Denial of application. (NRS 618.295)

     1.  If an

application for a variance does not conform to the requirements relating

thereto, the Administrator will deny the application.

     2.  The Administrator will give prompt notice

of the denial of an application to the applicant. The notice of denial will

include or be accompanied by a brief statement of the ground for the denial.

     3.  If an application is denied because it is

defective, another application may be filed without prejudice.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6334  Notice of application; decision of Administrator. (NRS 618.295)

     1.  If an application for a variance has not

been denied because it is defective, the Administrator will have published in

at least two daily newspapers a notice of the filing of the application.

     2.  The Administrator will include in the

notice:

     (a) The terms or an accurate summary of the

application;

     (b) A reference to the statutory section under

which the application has been filed;

     (c) An invitation to interested persons to submit,

within a stated period, written data, views or arguments regarding the application;

and

     (d) A statement of the right of affected employers

and employees to request a hearing on the application.

     3.  Within 10

days after issuing a final decision on the application, the Administrator will

furnish a copy of his or her decision to the affected employer and employees

and will have the decision published in at least two daily newspapers.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6337  Acceptance of federal variance. (NRS 618.295)  If the

Federal Government has granted an employer a variance from a federal standard

which applies to the employer’s operations in more than one state and the

standard is identical to a Nevada standard, the Administrator will accept the

federal variance as an authoritative interpretation determining the employer’s

obligation to comply with the Nevada standard if:

     1.  The

employer files the information required for an application for a variance; and

     2.  The Administrator

finds that there is no objection of substance to the interpretation.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.634  Variance not retroactive. (NRS 618.295)  A

variance granted pursuant to NRS

618.415 to 618.421,

inclusive, is not retroactive.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

Hearings

      NAC 618.6343  Request

for hearing. (NRS

618.295)

     1.  Any

affected employer or employee may file with the Administrator a request for a

hearing on an application for a variance.

     2.  A request for such a hearing must

include:

     (a) The name, address and telephone number of the

person requesting the hearing;

     (b) A concise statement of facts showing how the

employer and employee would be affected by the variance applied for;

     (c) An identification of any statement or

representation in the application which the person requesting the hearing

denies, and a concise summary of the evidence that the person would adduce in

support of each denial; and

     (d) Any statements

concerning any issue of fact or law raised in the application.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6346  Hearings conducted by Administrator or hearing officer. (NRS 618.295)  The

Administrator will personally conduct hearings on applications for variances or

will appoint a hearing officer to perform that duty. If the Administrator

appoints a hearing officer, the Administrator will furnish the hearing officer:

     1.  The

original application and request for the hearing; and

     2.  A copy of

the notice of the hearing.

Ê

The hearing officer shall conform to the procedures established by the

Administrator for hearings.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6349  Powers of Administrator. (NRS 618.295)  The

Administrator will, in order to conduct a fair, full and impartial hearing:

     1.  Rule upon

offers of proof;

     2.  Allow the use of discovery and determine

its scope;

     3.  Regulate the course of the hearing and

the conduct of the parties and their counsel;

     4.  Consider and rule upon procedural

requests;

     5.  Hold conferences whenever issues can be

settled or simplified with the consent of the parties; and

     6.  Make or

have made an inspection of the place of employment involved if such an

inspection will aid in resolving the issues.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6352  Parties to hearings. (NRS 618.295)

     1.  An

applicant for relief and any affected employee are entitled to be named as

parties to a hearing for a variance.

     2.  The

Enforcement Section, represented by the general counsel of the Division, shall

be deemed to be a party to such a hearing.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.6355  Service of process; proof of service. (NRS 618.295)

     1.  The service of any document relating to a

hearing on an application for a variance upon any party to the proceeding must

be made by personal delivery or by certified mail to the last known address of

the party.

     2.  The person serving the document shall

certify to the manner and the date of the service.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6358  Prehearing conference. (NRS 618.295)

     1.  Upon his

or her own motion or the motion of a party to the proceeding, the Administrator

will, in an appropriate case, direct the parties or their counsel to meet with

him or her for a conference to consider:

     (a) The necessity or desirability of amending

documents for purposes of clarification, simplification or limitation;

     (b) Stipulations, admissions of fact and of the

contents and authenticity of documents;

     (c) Limitations upon the number of parties and

expert witnesses; and

     (d) Such other matters as may tend to expedite the

disposition of the issues to ensure a just conclusion of the proceeding.

     2.  The

Administrator will make an order which recites the action taken upon such a

conference, the amendments allowed to any documents which have been filed and

any agreements made between the parties. The order will limit the issues for

hearing to those not disposed of by admission or agreement. The order controls

the subsequent course of the hearing unless it is modified at the hearing to

prevent manifest injustice.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6361  Agreements for settlement. (NRS 618.295)

     1.  At any

time before or during a hearing, the parties may request the Administrator to

allow them an opportunity to negotiate an agreement for settlement containing

findings by consent and an order disposing of the proceeding or any part of it.

The Administrator will set the amount of time to be granted for any such

negotiation, after considering:

     (a) The nature of the proceeding;

     (b) The public interest;

     (c) The representations of the parties; and

     (d) The probability that the parties will reach an

agreement which will result in a just disposition of the issues involved.

     2.  Any such agreement must provide that:

     (a) The order made in accordance with the agreement

will have the same effect as if it were made after a full hearing;

     (b) The entire record on which the order will be

based will consist solely of the application for the variance and the

agreement;

     (c) Any rights of the parties to further procedural

steps before the Administrator are waived; and

     (d) Any rights of the parties to challenge the

validity of the findings and of the order made in accordance with the agreement

are waived.

     3.  Before the expiration of the time granted

for negotiating the settlement, the parties or their counsel shall:

     (a) Submit the proposed agreement to the

Administrator for his or her consideration; or

     (b) Inform the Administrator that they cannot reach

an agreement.

     4.  If an

agreement for settlement is submitted within the time granted and the

Administrator accepts the agreement, the Administrator will issue his or her

decision based upon the agreed findings.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6364  Conduct at hearings. (NRS 618.295)

     1.  A person’s

contumacious conduct at any such hearing is a ground for exclusion from the

hearing.

     2.  If a

witness or a party refuses to answer a question after being directed to do so

or refuses to obey an order to provide or permit discovery, the Administrator

will make such an order as is just and appropriate, such as an order denying

the application or regulating the content of the record.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6367  Discovery. (NRS 618.295)

     1.  A party

may take the deposition of a witness if the witness will not be able to attend

the hearing or if some other good reason exists for taking his or her

deposition. A deposition may be taken orally or upon written interrogatories

before any person who is designated by the Administrator and who has the power

to administer oaths.

     2.  Any party desiring to take the deposition

of a witness must make written application to the Administrator, setting forth:

     (a) The reasons why the deposition should be taken;

     (b) The time and place for taking the proposed

deposition;

     (c) The person before whom the deposition would be

taken;

     (d) The name and address of the witness; and

     (e) The subject on which the witness is expected to

testify.

     3.  The party taking the deposition shall

give the other parties such notice as the Administrator may order.

     4.  Each witness testifying by deposition

must be sworn and the parties not calling the witness may cross-examine him or

her.

     5.  The questions propounded and answers

thereto, together with all objections made, must be reduced to writing, read to

the witness, subscribed by the witness and certified by the officer before whom

the deposition is taken. The officer shall enclose two copies of the deposition

in an envelope, seal the envelope and send it by registered mail to the hearing

officer.

     6.  Subject to such objections to questions

and answers as were noted at the time of taking the deposition and would be

valid were the witness personally present and testifying, the party who has

taken a deposition may read it at the hearing and offer it in evidence against

any party who was present or represented at the taking of the deposition, or

who had due notice thereof. No part of a deposition may be admitted in evidence

unless the person offering it shows that the reasons for taking the deposition

in the first instance exist at the time of the hearing.

     7.  Whenever

appropriate to a just disposition of any issue in a hearing, the Administrator

will allow discovery by a method other than the taking of a deposition, as by

written interrogatories, request for production of documents, or request for

permission to inspect the place of employment.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.637  Presentation of evidence; objections. (NRS 618.295)

     1.  Except as may otherwise be ordered by the

Administrator, the applicant for a variance must proceed first at a hearing.

     2.  The applicant has the burden of proof.

     3.  If a party objects to the admission or

rejection of any evidence, the limitation of the scope of any examination or

cross-examination or the failure to limit the scope, the party must state

briefly the grounds for his or her objection. Rulings on all objections must

appear in the record. Only objections made before the Administrator may be

relied upon in a subsequent proceeding.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6373  Records of hearings. (NRS 618.295)  A

hearing must be stenographically reported or recorded on magnetic tape. Copies

of the transcript may be obtained by the parties upon the filing of a written

application with the reporter and the payment of fees at the rate provided in

the agreement with the reporter or the Enforcement Section.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.6376  Briefs. (NRS 618.295)  Within

10 days after receipt of notice that the transcript of the testimony has been

filed or such additional time as the Administrator may allow, each party may

file with the Administrator proposed findings of fact and conclusions of law,

together with a supporting brief expressing the reasons for the proposed

findings and conclusions. The briefs and proposed findings of fact and

conclusions of law must refer to all portions of the record and to all

authorities relied upon in support of each proposal. A party’s brief, with the

proposed findings and conclusions, must be served on all other parties.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6379  Decision of Administrator. (NRS 618.295)

     1.  Within a

reasonable time after the time allowed for the filing of the briefs and the

proposed findings of fact and conclusions of law, the Administrator will make

and serve upon each party his or her decision, which becomes final upon the

20th day after service, unless exceptions are filed thereto.

     2.  The Administrator’s decision will:

     (a) Include the reasons for each of his or her

findings and conclusions for each material issue of fact and law presented on

the record, and will specify each fact which the Administrator officially

noticed.

     (b) Be based upon a consideration of the whole

record, and will be made on the basis of a preponderance of the reliable and

probative evidence.

     3.  The

Administrator’s decision, after the opportunity for the parties to make

exceptions, is a final administrative decision for purposes of judicial review.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6382  Exceptions to decision. (NRS 618.295)

     1.  Within 20

days after the Administrator’s decision is served, any party to the proceeding

may file written exceptions to the decision. Such exceptions must be filed with

the Administrator and must include:

     (a) A reference to the specific findings of fact,

conclusions of law or terms of the order to which the exceptions are being

made;

     (b) The specific pages of the transcript relevant

to the exceptions; and

     (c) Suggestions for correcting those findings,

conclusions or terms.

     2.  Upon

receipt of any such exceptions, the Administrator will fix a time for the

filing of any objections to the exceptions and any supporting reasons therefor.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

ENFORCEMENT

General Provisions

      NAC 618.640  Definitions.

(NRS

618.295)  As

used in NAC 618.640 to 618.6497,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.64005 to 618.6422,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.64005  “Abatement” defined. (NRS 618.295)  “Abatement”

means the action taken by an employer to:

     1.  Comply with a standard or regulation

cited by the Enforcement Section in a citation; or

     2.  Eliminate a hazard identified by the

Enforcement Section in a citation.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.6401  “Board” defined. (NRS 618.295)  “Board”

means the Occupational Safety and Health Review Board.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6404  “District manager” defined. (NRS 618.295)  “District

manager” means the officer or employee of the Enforcement Section who is

regularly or temporarily in charge of a district office of the Enforcement

Section or any person who is authorized to act for that employee or officer.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.641  “Establishment” defined. (NRS 618.295)  “Establishment”

means a building or area where business is conducted or where services or

industrial operations are performed, as a bank, central administrative office,

factory, farm, hotel, mill, movie theater, ranch, restaurant, sales office,

store or warehouse.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6413  “Imminent danger” defined. (NRS 618.295)  “Imminent

danger” means the existence of any condition or practice in a workplace which

could reasonably be expected immediately to cause death or serious physical

harm to any employee if operations were to proceed in the workplace or if

employees were to enter it before the condition or practice is eliminated.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6416  “Inspection” defined. (NRS 618.295)  “Inspection”

means any inspection or investigation made pursuant to NRS 618.325, 618.425 or 618.445.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6419  “Inspector” defined. (NRS 618.295)  “Inspector”

means a person employed as a safety and health representative or industrial

hygienist who is authorized by the Chief to conduct inspections.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6422  “Working day” defined. (NRS 618.295)  “Working

day” means every day of the year except Saturdays, Sundays and legal holidays.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6425  Computation of time. (NRS 618.295)  In

computing any period prescribed or allowed in NAC

618.640 to 618.6497, inclusive, the day from

which the designated period begins to run is not included. The last day of the

period so computed is included.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.6428  Posting of notices; district managers to provide applicable

statutes, regulations and standards. (NRS 618.295)

     1.  An employer shall:

     (a) Post all notices provided by the Enforcement

Section in each of the employer’s establishments in a conspicuous place where

he or she customarily posts notices to employees; and

     (b) Ensure that those notices are not altered,

defaced or covered by other material.

     2.  Reproductions or facsimiles of those

notices must be at least 8 1/2 inches by 14 inches. The size of the print must

be at least 10-point type. If the size of the notice is increased, the size of

the print must be increased accordingly. The caption or heading on the notice

must be printed in not less than 36-point type.

     3.  Where separate activities are performed

at a single physical location, each activity must be treated as being conducted

at a separate physical establishment, and separate notices must be posted at

the site of each activity to the extent that sufficient copies of the notices

have been furnished by the Enforcement Section. If an employer is engaged in

dispersed activities, the notices must be posted at the location to which his

or her employees report each day. If the employees do not usually work at or report

to a single establishment, the notices must be posted at the location from

which the employees operate.

     4.  District managers shall maintain and make

available upon request copies of chapter

618 of NRS, all regulations of the Division and all applicable standards.

If an employer has copies of these materials, the employer shall make them

available upon request to any employee or the employee’s authorized

representative for review in the establishment where the employee is employed

on the same day the request is made or at the earliest time which is mutually

convenient to the employee or the employee’s authorized representative and the

employer.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

Inspections

      NAC 618.6431  Advance

notice of inspection. (NRS 618.295)

     1.  Advance

notice of an inspection may be given only in a situation where:

     (a) There appears to be an imminent danger and

advance notice is needed to enable the employer to correct the danger as

quickly as possible;

     (b) The inspection can most effectively be

conducted after regular business hours or where special preparations are

necessary;

     (c) The district manager determines that the

presence of the employer, the representative of the employees or the

appropriate personnel are needed to aid in the inspection; or

     (d) The district manager determines that giving

advance notice will increase the probability of carrying out an effective and

thorough inspection.

     2.  When an

advance notice of an inspection is received, the employer shall give notice of

the inspection to the representative of the employees if the identity of the

representative is known to the employer. If the identity of the representative

is not known, the employer shall notify a reasonable number of employees.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6434  Powers and duties of inspector. (NRS 618.295)

     1.  At the beginning of an inspection, an

inspector shall:

     (a) Present his or her credentials to the owner,

operator or agent in charge at the place of employment to be inspected;

     (b) Explain the nature and purpose of the

inspection;

     (c) Indicate generally the scope of the inspection;

and

     (d) Designate the records the inspector wishes to

review, but such a designation does not preclude access to additional records.

     2.  An inspector may take environmental

samples and take or obtain photographs related to the purpose of the

inspection, employ other reasonable investigative techniques in conducting the

inspection, and question privately any employer, owner, agent or employee of

the place of employment being inspected. As used in this subsection, the phrase

“employ other reasonable investigative techniques” includes, without

limitation, the use of devices to measure the exposure of employees to

hazardous elements and the attachment of personal sampling equipment such as

dosimeters, pumps, badges and other similar devices to employees to monitor the

exposure of the employees.

     3.  In taking photographs and sampling, an

inspector shall take such reasonable precautions as are necessary to ensure

that his or her actions with any flash, spark-producing or other type of

equipment is not hazardous. An inspector shall comply with all safety and

health rules established by the employer for that place of employment, and

shall wear and use appropriate protective clothing and equipment.

     4.  An inspection must be conducted in such a

manner as to preclude unreasonable disruption of the operations of the place of

employment being inspected.

     5.  At the conclusion of the inspection, an

inspector shall confer with the employer or the employer’s representative to

advise the employer or representative informally of any apparent safety or

health violations disclosed by the inspection. During such a conference, the

inspector shall afford the employer or the employer’s representative the

opportunity to bring to the attention of the inspector any pertinent

information regarding conditions at the place of employment.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R109-00, 9-6-2001)

      NAC 618.6437  Persons authorized to accompany inspector. (NRS 618.295)

     1.  Except as provided in subsections 6 and

7, an inspector may permit a representative of an employer or the employees, or

both, to accompany the inspector on an inspection if he or she determines that

the representative or representatives will aid the inspection.

     2.  Each representative of the employees must

be a person selected by the employees of the employer being inspected.

     3.  A different representative of the

employer or employees may be permitted to accompany the inspector during each

phase of an inspection if this arrangement will not interfere with the conduct

of the inspection.

     4.  An inspector shall resolve all disputes

as to who is the representative authorized by the employer or employees.

     5.  A third person, such as an industrial

hygienist or safety inspector, may be permitted to accompany the inspector if

the inspector determines that the person is reasonably necessary to the conduct

of an effective and thorough physical inspection of the workplace.

     6.  A representative of the employees and any

third person accompanying the inspector must be authorized by the employer to

enter any area containing trade secrets.

     7.  Only persons authorized to have access to

information classified by an agency of the United States Government in the

interest of national security may accompany an inspector in areas containing

such information.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.644  Scope of inspection. (NRS 618.295)  If an

employee or representative of employees requests an inspection of a workplace

by giving written notice of an alleged violation to the Chief or a

representative of the Chief, the inspector may also inspect matters which are

not referred to in the notice.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6443  Waiver of penalty prohibited. (NRS 618.295)  No

employer who allows an inspector to enter a place of employment to inspect,

review records or question any person may impose the condition that the

inspector or the Chief waive any cause of action, citation or penalty under chapter 618 of NRS. The inspector shall

not give any such waiver.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6446  Authorization required to inspect area with classified

information. (NRS

618.295)  An

inspector shall obtain the appropriate authorization before inspecting areas

containing information which is classified by an agency of the United States

Government in the interest of national security.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6449  Trade secrets. (NRS 618.295)  If,

during the conference at the beginning of an inspection, the employer

identifies areas in the establishment which contain or might reveal a trade

secret, the inspector shall label any information obtained in those areas,

including negatives and prints of photographs and environmental samples, as

“confidential-trade secrets” and shall not disclose the information except in

accordance with NRS 618.365.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6452  Objections to inspections. (NRS 618.295)

     1.  If an

inspector, while in the exercise of his or her official duties, is refused

entry into any place of employment, the inspector shall try to ascertain the

reason for the refusal and shall immediately report the refusal and the reason

to his or her district manager.

     2.  The district manager shall consult with

the Chief and may request the Chief to take appropriate action, which may include

an application ex parte for a warrant to conduct or complete the inspection.

     3.  If entry is allowed but the employer

interferes with or limits any aspect of the inspection, including a review of

the employer’s records, the questioning of persons or the right of a

representative of the employees to accompany the inspector, the inspector shall

try to ascertain the reason for the refusal and shall immediately report the

refusal and any reason for it to his or her district manager.

     4.  The

district manager shall consult with the Chief and may request the Chief to take

appropriate action as provided in NRS

618.325, 618.435, 618.515, 618.665 and 618.705.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6455  Denial of request for investigation. (NRS 618.295)

     1.  If the district manager determines that

an employee requesting an investigation pursuant to NRS 618.425 has not complied with

the provisions of that section, the district manager shall notify the employee

of the determination. Such a determination does not preclude the employee from

filing a new complaint concerning the same violation or danger.

     2.  If the district manager determines that

an inspection is not warranted with respect to a complaint made under NRS 618.425, the district manager

shall notify the employee in writing of his or her determination and the

reasons for it. The district manager’s determination is final.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

Citations, Notices of Violations and Proposed Penalties;

Abatements

      NAC 618.6458  Citations and notices of violations. (NRS 618.295)

     1.  If an inspector, on the basis of his or

her inspection, or the district manager, on the basis of the report of an

inspection, believes that the employer has violated a requirement of NRS 618.375 or of any standard or

other regulation adopted pursuant to NRS

618.295 or 618.315, the

inspector or district manager shall issue to the employer:

     (a) A written citation for the violation;

     (b) A written notice of violation if the violation

is not serious and the employer agrees to correct it within a reasonable time;

or

     (c) An oral notice of the violation if it is minor

and has no direct or immediate relationship to safety or health.

     2.  The district manager or the inspector may

issue an appropriate citation or notice of violation even though, after being

informed of the violation, the employer immediately abates it.

     3.  The district manager shall review copies

of citations issued by inspectors and may amend or withdraw citations when

appropriate.

     4.  Citations must be issued with reasonable

promptness after the inspection is completed and must be sent by certified mail

to the employer or delivered to him or her personally.

     5.  The inspector shall issue any written

notice of violation or oral notice of a minor violation before the end of the

inspection.

     6.  Each notice of violation must contain all

the provisions which NRS 618.465

requires for citations. Each citation or notice of violation must contain a

clause informing employees of their right to contest the reasonableness of the

period of time for abatement which is set forth in the citation or notice.

     7.  Where a violation is not serious, the

inspector may issue a notice of violation in lieu of a citation in order to

allow the employer an opportunity to abate the violation promptly and

voluntarily, without any contest or penalty.

     8.  The district manager may issue a citation

even though a notice of violation has already been issued.

     9.  A notice of violation has the same effect

as a citation which has become a final order when the notice is used in a

subsequent proceeding involving:

     (a) A willful violation of applicable standards or

regulations;

     (b) A failure to abate the violation for which the

notice was issued; or

     (c) A repeat of the violation for which the notice

was issued.

     10.  If a citation or notice of violation is

issued for a violation alleged under NRS

618.425 or 618.435, the

district manager shall send a copy of the citation or notice of violation to

the employee or the representative of the employees who requested the

inspection or notification of danger.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6461  Review upon refusal to issue citation. (NRS 618.295, 618.435)

     1.  If a district manager refuses to issue a

citation with respect to an inspection conducted pursuant to NRS 618.435, the district manager

shall notify the employee in writing of his or her determination and inform the

employee of his or her right to informal review.

     2.  The employee or representative of the

employees may obtain a review of the determination by submitting a written

statement of his or her position to the Chief.

     3.  The Chief shall notify the employer in

writing when a request for review has been submitted by an employee or

representative of the employees.

     4.  At the request of the employee or the

employer, the Chief will hold an informal conference at which the employee and

the employer may orally present their views.

     5.  After considering all written and oral

statements presented, the Chief will affirm, modify or reverse the

determination of the district manager and furnish the employee and the employer

a written notice of his or her decision and the reasons for it. The Chief’s

decision is final.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6464  Imminent dangers. (NRS 618.295)

     1.  An inspector may issue appropriate

citations and notices of proposed penalties with respect to an imminent danger

even though, after being informed of the danger, the employer immediately

eliminates the imminence of the danger and initiates steps to abate it.

     2.  If the inspector is not satisfied that

the employer will eliminate the danger, the inspector shall:

     (a) Inform the employer and the affected employees

of the danger and that he or she will recommend that the Administrator issue an

emergency order pursuant to NRS

618.545; and

     (b) Upon the approval of the Administrator, deliver

or cause to be delivered Form OSHES-8, Emergency Restraining Order to Remove

Alleged Imminent Danger, to the employer or a representative of the employer.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-8; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.6465  Violations concerning movable equipment. (NRS 618.295)

     1.  An employer shall attach a warning tag

provided by the Division or a copy of the citation on the operating controls or

component of the movable equipment that was cited in a citation if the

Enforcement Section determines that the violation set forth in the citation was

willful, serious or a repeat violation.

     2.  For handheld movable equipment, the

warning tag or copy of the citation must be attached immediately after the

employer receives the citation. For movable equipment that is not handheld, the

warning tag or copy of the citation must be attached before the equipment is

moved.

     3.  An employer shall ensure that the warning

tag or copy of the citation attached to movable equipment pursuant to this

section:

     (a) Is not altered, defaced or covered by any

material; and

     (b) Remains attached to the movable equipment

until:

          (1) The violation has been abated and the documents

required pursuant to NAC 618.6494 and 618.6495 have been submitted to the Enforcement

Section;

          (2) The movable equipment has been permanently

removed from service or is no longer under the control of the employer; or

          (3) The Board issues an order vacating the

citation,

Ê whichever

occurs earliest.

     4.  An employer shall remove movable

equipment from use if the Enforcement Section determines that the movable

equipment is a serious hazard to employees. The equipment must not be used

until it is repaired and approved by the Enforcement Section.

     5.  As used in this section, “movable

equipment” means a powered or unpowered machine or device that is used to

perform work and may be moved between work sites.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.6467  Posting of citation, notice of violation or notice of intent to

contest citation; compliance. (NRS 618.295, 618.465)

     1.  Except as

otherwise provided in this section and NAC 618.6465,

upon receipt of any citation or notice of violation, the employer shall

immediately post the citation or notice, or a copy of it, unedited, at or near

each place where the alleged violation occurred.

     2.  Where, because of the nature of the

employer’s operations, it is not practicable to post the citation or notice of

violation at or near each place of alleged violation, the citation or notice of

violation must be posted, unedited, in a prominent place where it will be

readily observable by all affected employees. If the employees are engaged in

activities which are physically dispersed, the citation or notice may be posted

at the location to which the employees report each day.

     3.  If the employees do not primarily work at

or report to a single location, the citation or notice of violation may be

posted at the location from which the employees operate to carry out their

activities.

     4.  The employer shall ensure that the

citation or notice of violation is not altered, defaced or covered by other

material.

     5.  Each citation or notice of violation, or

copy of it, must be kept posted until the violation has been abated, or for 3

working days, whichever is later.

     6.  An employer must comply with the posting

requirements of this section even if the employer files a notice of his or her

intent to contest a citation.

     7.  An employer is not required to comply

with the requirements of this section after the Board issues a final order

vacating a citation.

     8.  An

employer to whom a citation has been issued may post a notice of the employer’s

intent to contest the citation in the same location where the citation is

posted. The employer’s notice may explain the reason for such a contest and indicate

the steps that have been taken to abate the violation.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.647  Modification of time for abatement of violation: General

requirements. (NRS

618.295)

     1.  An employer may request a modification of

the time allowed for abatement of a violation which is not serious or may file

a written petition for a modification of the time allowed for abatement of a

serious violation if the employer has made an effort in good faith to comply

with the requirements of the citation or notice of violation but has not been

able to complete the abatement because of factors beyond his or her reasonable

control.

     2.  A request for a modification of the time

for the abatement of a violation which is not serious must be made no later

than the day originally set for the abatement. The district manager may grant

an extension of time for the abatement after entering into an appropriate oral

or written agreement with the employer.

     3.  Where the violation is serious, any

petition for modification of the requirement for abatement contained in a

citation must be in writing.

     (Added to NAC by Div. of Occupational Safety & Health,

eff. 8-26-83)

      NAC 618.6473  Modification of time for abatement of violation: Contents,

posting and service of petition. (NRS 618.295)

     1.  If determined to be pertinent and

required by the district manager, the following items must be included in a

petition for a modification of the time for the abatement of a serious

violation:

     (a) A list of all steps taken by the employer to

achieve compliance during the prescribed period for the abatement and the dates

on which the employer took those steps.

     (b) The additional time needed to achieve

compliance.

     (c) The reasons the additional time is needed, such

as, the unavailability of personnel, materials or equipment, or the inability

to complete the necessary construction or alteration by the original date for

abatement.

     (d) All steps which are being taken to safeguard

the employees against the cited hazard during the period of abatement.

     (e) A certified statement that a copy of the

petition has been posted and served on the representative of the employees, if

they have a representative, and the date on which the posting and service was

made.

     2.  The petition must be filed with the

district manager who issued the citation on or before the original date set for

the abatement. If the petition is filed later, it must be accompanied by the

employer’s statement of exceptional circumstances explaining the delay.

     3.  The employer must post a copy of the

petition in a conspicuous place where all affected employees will have notice

of it or near the location where the violation occurred. The petition must

remain posted for 10 working days.

     4.  Where the affected employees have a

representative, the employer must serve the representative with a copy of the

petition.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6476  Modification of time for abatement of violation: Objections to

petitions. (NRS

618.295)

     1.  Affected employees or their

representative may file a written objection to a petition for a modification of

the time for the abatement of a serious violation with the district manager.

Failure to file an objection within 10 working days after the date of posting

the petition or service of it upon the representative of the employees,

whichever is later, constitutes a waiver of any further right to object to the

petition.

     2.  If the affected employees or their

representative objects to the petition, the district manager shall consult with

the Chief and the Chief will make a determination. The Chief will furnish to

the employer and the affected employees or their representative a written

notice of his or her decision and the reasons for it. The Chief’s decision is

final.

     3.  If the petition is uncontested upon the

expiration of 15 working days after the date on which a copy of it was posted

or served upon the representative of the employees, the district manager may

approve or deny the petition.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6479  Modification of time for abatement of violation: Informal review

upon denial of petition. (NRS 618.295)  If the

district manager denies a petition for a modification of the time for the

abatement of a serious violation, the employer may request an informal review

by the Chief. After considering all written and oral statements presented, the

Chief will affirm, modify or reverse the determination of the district manager.

The Chief’s determination is final.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6482  Proposed penalties. (NRS 618.295)

     1.  The district manager shall determine the

amount of any proposed penalty and may at the employer’s request explain to the

employer, in an informal conference, how the proposed penalty was determined.

     2.  An appropriate penalty may be proposed

with respect to an alleged violation even though, after being informed of the

alleged violation by the inspector, the employer immediately abates or initiates

steps to abate the alleged violation.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6485  Notices of contests. (NRS 618.295)

     1.  An employer’s notice of his or her

intention to contest a citation or proposed penalty must:

     (a) Be in writing;

     (b) Be filed with the district manager; and

     (c) Specify whether it is directed to:

          (1) The citation; or

          (2) The proposed penalty,

Ê or both.

     2.  A notice by an employee or the

representative of the employees of the intention to contest the reasonableness

of the period allowed for abatement of a violation must be:

     (a) In writing; and

     (b) Filed with the district manager.

     3.  The district manager shall immediately

transmit a notice of contest to the Chief.

     4.  The Chief will have any such notice of

contest filed with the Board.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6488  Conference for discussion of intended contest of citation, date

for abatement or proposed penalty. (NRS 618.295)

     1.  At the

request of an affected employer, an affected employee or a representative of

employees, the district manager may hold a conference for discussion of:

     (a) An intended contest of a citation;

     (b) A date for an abatement; or

     (c) A proposed penalty,

Ê within 15

days after receipt of the citation or before a notice of contest is filed with

the Enforcement Section.

     2.  Whenever such a conference is requested

by an employer or employee, both parties must be afforded the opportunity to

participate.

     3.  If the party requesting the conference

objects to the attendance of the other party, the district manager may hold

separate conferences.

     4.  Any party may be represented by counsel

at such a conference.

     5.  No such conference operates to stay the

15-day period for notifying the Enforcement Section of an intent to contest a

citation, date of abatement or proposed penalty or to file an appeal.

     6.  If the

parties reach agreement on any issue raised at such a conference, their

agreement must be embodied in a determination by the district manager, based on

findings of fact, affirming, modifying or vacating the citation or penalty or

directing other appropriate relief.

     (Added to NAC by Div. of

Occupational Safety & Health, eff. 8-26-83)

      NAC 618.6491  Failure to correct violations. (NRS 618.295)

     1.  If any inspection discloses that an

employer has failed to correct an alleged violation for which a citation or

notice of violation has been issued within the period permitted for its

correction, the district manager shall if appropriate:

     (a) Consult with the Chief; and

     (b) Notify the employer of his or her failure and

of the penalty or additional penalty which may be assessed under NRS 618.655 because of that

failure.

     2.  Each notice of an employer’s failure to

correct a violation and of a proposed penalty or additional penalty must state

that it shall be deemed to be the final order of the Board and not subject to

review unless, within 15 working days after the date of the employer’s receipt

of the notice, the employer notifies the district manager in writing that he or

she intends to contest the proposed or additional penalty.

     3.  If the employer does not, within the

15-day period, contest the proposed penalty or correct the violation, the

district manager shall request the Chief to take appropriate action pursuant to

NRS 618.515.

     (Added to NAC by Div. of Occupational Safety &

Health, eff. 8-26-83)

      NAC 618.6494  Abatement: Certification; exemption. (NRS 618.295)

     1.  Except as otherwise provided in subsection

3, within 10 calendar days after the date of abatement, an employer shall

certify to the Enforcement Section on a form provided or approved by the

Division that each violation or hazard set forth in a citation has been abated.

     2.  If required by the citation issued by the

Enforcement Section, an employer who provides a certification to the

Enforcement Section pursuant to subsection 1 shall submit to the Enforcement

Section documents that provide proof of abatement. The documents include

evidence of the purchase or repair of equipment, photographs, videotape or

other written records acceptable to the Enforcement Section.

     3.  An employer is not required to certify to

the Enforcement Section that each violation or hazard set forth in a citation

has been abated if an inspector, during the on-site portion of the inspection:

     (a) Observes, within 24 hours after the violation

or hazard has been identified, that abatement has occurred; and

     (b) Sets forth in the citation that abatement has

occurred.

     4.  As used in this section, “date of

abatement” means:

     (a) For an uncontested violation or hazard set

forth in a citation, the date by which abatement is required pursuant to:

          (1) The citation;

          (2) The written approval from the Enforcement

Section; or

          (3) An informal settlement agreement between

the employer and the Enforcement Section,

Ê whichever is

latest.

     (b) For a contested violation or hazard set forth

in a citation for which the Board has issued an order after notice and hearing,

the date set forth in:

          (1) The order by which abatement is required;

or

          (2) A formal settlement agreement between the

employer and the Enforcement Section,

Ê whichever is

later.

     (c) For a contested violation or hazard set forth

in a citation for which the Board has issued an order after notice and hearing

and for which the district court has affirmed the order of the Board, the date

by which abatement is required pursuant to the order of the district court.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.6495  Abatement: Submission of plan; progress report. (NRS 618.295)

     1.  If the number of days given to an

employer for abatement is more than 90 days, the employer may be required to

submit to the Enforcement Section a plan for abatement for each violation or

hazard set forth in a citation on a form provided or approved by the Division.

If the employer is required to submit a plan for abatement pursuant to this

subsection, the Enforcement Section shall set forth in the citation the

requirement and for which violation or hazard the requirement must be met.

     2.  The employer shall submit a plan for

abatement to the Enforcement Section within 25 calendar days after:

     (a) The citation is issued;

     (b) The date on which the Board has issued an order

after notice and hearing that requires abatement; or

     (c) The date on which the district court has issued

an order affirming the order of the Board,

Ê whichever is

later.

     3.  An employer who is required to submit a

plan for abatement pursuant to this section may be required to submit to the

Enforcement Section on a form provided or approved by the Division a progress

report relating to the abatement of each violation or hazard set forth in the

citation. If the employer is required to submit a progress report pursuant to

this subsection, the Enforcement Section shall set forth in the citation the

requirement, the violation or hazard for which the requirement must be met and

the date when the report must be submitted.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.6496  Abatement: Contents of documentation; date of submission. (NRS 618.295)

     1.  On each document that an employer is

required to submit to the Enforcement Section pursuant to NAC 618.6494 and 618.6495,

the employer shall set forth:

     (a) His or her name and address;

     (b) The inspection number of the citation related

to the document;

     (c) The number of the citation and the item number

of the citation to which the document relates;

     (d) A statement that the information contained in

the document is accurate; and

     (e) The signature of the employer or an authorized

representative of the employer.

     2.  For each document an employer is required

to submit to the Enforcement Section pursuant to NAC

618.6494 and 618.6495, the date of submission

shall be deemed to be:

     (a) For a document deposited with the United States

Postal Service, the date of the postmark.

     (b) For a document submitted by any other means,

the date the Enforcement Section receives the document.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.6497  Abatement: Posting of documentation; notification of employee or

authorized representative; right to examine or copy documents. (NRS 618.295)

     1.  An employee shall post a copy or summary

of each document submitted to the Enforcement Section pursuant to NAC 618.6494 and 618.6495

near the place where the violation occurred or the hazard is located.

     2.  If the Enforcement Section determines

that posting the copy or summary of a document as required by subsection 1 does

not inform adequately each affected employee or the employee’s authorized

representative, the employer shall:

     (a) Post the copy or summary for 3 working days in

a conspicuous location where it will be readily observable by each affected

employee or the employee’s authorized representative; or

     (b) Take such other action as the Enforcement

Section determines is necessary to inform adequately each affected employee or

the employee’s authorized representative.

     3.  An employer shall notify each employee or

the employee’s authorized representative of his or her right to examine and

copy each document submitted to the Enforcement Section by the employer

pursuant to NAC 618.6494 and 618.6495.

     4.  An employer shall notify his or her

employees or their authorized representatives that documents are being

submitted to the Enforcement Section pursuant to NAC

618.6494 and 618.6495 before or at the same

time that those documents are submitted to the Enforcement Section.

     5.  An employee or the employee’s authorized

representative may submit a written request to examine or copy any document

submitted by the employer to the Enforcement Section pursuant to NAC 618.6494 and 618.6495

within 3 working days after the employee or authorized representative receives

notice that the document has been submitted. The employer shall allow the

employee or the employee’s authorized representative to examine or copy such a

document within 5 working days after the employer receives the written request

to examine or copy the documents.

     6.  The employer shall ensure that each

document posted pursuant to this section is not altered, defaced or covered by

other material.

     7.  As used in this section, “affected

employee” means an employee who was exposed to the hazard set forth in a

citation issued by the Enforcement Section.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW

BOARD

General Provisions

      NAC 618.650  Definitions.

(NRS 618.585)  As used

in NAC 618.650 to 618.848,

inclusive, unless the context otherwise requires:

     1.  The words

and terms defined in NAC 618.653 to 618.677, inclusive, have the meanings ascribed to them

in those sections.

     2.  The words

and terms defined in NRS 618.029

to 618.165, inclusive, have the

meanings ascribed to them in those sections.

     (Supplied in

codification; A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.653  “Affected employee” defined. (NRS 618.295)  “Affected

employee” means an employee of an employer who has been cited, who is exposed

to the hazard described in the citation as a result of his or her assigned

duties.

     [Dep’t of Occupational Safety & Health, Rule No. 1

part subsec. 2, eff. 11-9-73]

      NAC 618.656  “Authorized employee representative” defined. (NRS 618.295)  “Authorized

employee representative” means a labor organization which has a collective

bargaining relationship with the employer and which represents affected

employees.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.659  “Board” defined. (NRS

618.295)  “Board”

means the Occupational Safety and Health Review Board.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.662  “Citation” defined. (NRS

618.295)  “Citation”

means a written communication issued by the Chief to an employer pursuant to NRS 618.465.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.665  “Day” defined. (NRS

618.295)  “Day”

means a calendar day.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.668  “Notification of proposed penalty” defined. (NRS 618.295)  “Notification

of proposed penalty” means a written communication issued by the Chief to an

employer pursuant to NRS 618.475.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.671  “Proceeding” defined. (NRS

618.295)  “Proceeding”

means any proceeding before the Board.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.674  “Representative” defined. (NRS 618.295)  “Representative”

means any person, including an authorized employee representative, authorized

by a party or intervener to represent him or her in a proceeding.

     [Dep’t of Occupational Safety & Health, Rule No. 1

part subsec. 2, eff. 11-9-73]

      NAC 618.677  “Working day” defined. (NRS

618.295)  “Working

day” means all days except Saturdays, Sundays or state holidays.

     [Dep’t of Occupational

Safety & Health, Rule No. 1 part subsec. 2, eff. 11-9-73]

      NAC 618.680  Scope. (NRS 618.295)

     1.  The

provisions of NAC 618.650 to 618.848,

inclusive, govern all proceedings before the Board.

     2.  In the

absence of a specific provision, all procedures must be in accordance with the

Nevada Rules of Civil Procedure.

     [Dep’t of Occupational

Safety & Health, Rule No. 2, eff. 11-9-73]

      NAC 618.683  Computation of time. (NRS

618.295)

     1.  In

computing any period of time prescribed or allowed in NAC

618.650 to 618.848, inclusive, the day from

which the designated period begins to run is not included. The last day of the

period so computed is included unless it is a Saturday, Sunday or state

holiday. If the period prescribed or allowed is less than 7 days, intermediate

Saturdays, Sundays and state holidays are excluded in the computation.

     2.  If service

of a document is made by mail pursuant to NAC 618.707,

3 days must be added to the time allowed for the filing of a responsive

pleading.

     [Dep’t of Occupational

Safety & Health, Rule No. 4, eff. 11-9-73]

      NAC 618.686  Extensions of time. (NRS

618.295, 618.585)  A

request for an extension of time for the filing of any document required to be

filed by NAC 618.650 to 618.848,

inclusive, must be received at least 3 days before the date on which the

document is due.

     [Dep’t of Occupational

Safety & Health, Rule No. 5, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.692  Penalties. (NRS 618.295)  All

penalties assessed by the Enforcement Section are civil penalties.

     [Dep’t of Occupational

Safety & Health, Rule No. 109, eff. 11-9-73]

      NAC 618.695  Filing. (NRS 618.295, 618.585)

     1.  Before the

Board is notified of an appeal or contest, all papers required to be filed must

be filed with the Chief at 400 West King Street, Suite 200, Carson City, Nevada

89703. After the Board is notified of an appeal or contest, all papers required

to be filed must be filed with the Board at the address given in the notice of

the appeal or contest.

     2.  Except as otherwise ordered by the Chief

or the Board, all papers required to be filed must be filed by first-class

certified mail, return receipt requested, or by personal delivery, with an

affidavit of service.

     3.  The filing

is effective at the time of mailing.

     [Dep’t of Occupational

Safety & Health, Rule No. 8, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98,

2-28-2000)

Parties

      NAC 618.698  Participation by affected employee. (NRS 618.295, 618.585)

     1.  An affected employee may participate as a

party in the hearing before the Board if:

     (a) The affected employee notifies the Board and

all parties in writing at least 30 days before the beginning of the hearing, of

his or her desire to participate; or

     (b) For good cause shown, the Board allows the

affected employee to participate as a party without notice.

     2.  If a notice of a contest is filed by an

employee or by an authorized employee representative concerning the

reasonableness of the period for abatement of a violation, the employer charged

with the responsibility of abating the violation may participate as a party in

the hearing before the Board if he or she notifies the Board and all parties at

least 30 days before the beginning of the hearing of his or her desire to

participate.

     [Dep’t of Occupational Safety & Health, Rule No.

20, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.701  Representation of parties and interveners; qualifications of

representatives. (NRS 618.295, 618.585)

     1.  Any party to or intervener in a hearing

before the Board may appear in person or through a representative.

     2.  A representative of a party or intervener

controls all matters respecting the interest of the party or intervener in the

proceeding.

     3.  Affected employees who are represented by

an authorized employee representative may appear only through the authorized

employee representative.

     4.  A representative of a party, an

intervener or a representative of employees is not required to be an attorney

at law.

     5.  Unless 1 year has elapsed since the

termination of his or her employment, a former employee of the Division, the

Enforcement Section or the Chief may not appear before the Board as an attorney

or other representative for any party in any proceeding or other matter, formal

or informal, for which he or she was personally responsible during the period

of his or her employment.

     [Dep’t of Occupational Safety & Health, part Rule

No. 22 & Rule No. 106, eff. 11-9-73]—(NAC A by Occupational Safety &

Health Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.704  Withdrawal of representative. (NRS

618.295, 618.585)  Any

representative may withdraw from representation by filing a written notice of

withdrawal and by serving a copy of the notice on all parties and interveners.

     [Dep’t of Occupational

Safety & Health, part Rule No. 22, eff. 11-9-73]—(NAC A by Occupational

Safety & Health Review Bd., 2-19-87)

      NAC 618.707  Service of process: General requirements. (NRS 618.295, 618.585)

     1.  When a

pleading or other document is filed, a copy of the document must be served by

the party or intervener filing the document on every other party or intervener.

     2.  Service upon a party or intervener who is

appearing through a representative must be made only upon the representative.

     3.  Unless otherwise ordered by the Board or

the Chief, service must be made by first-class certified mail, return receipt

requested, or by personal delivery.

     4.  Service is

completed when the document is mailed or delivered.

     [Dep’t of Occupational

Safety & Health, Rule No. 7 subsecs. 1-3, eff. 11-9-73]—(NAC A by

Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.710  Service of process: Authorized employee representatives;

unrepresented employees. (NRS 618.295, 618.585)

     1.  If an

affected employee is not represented by an authorized employee representative,

the employer shall, immediately upon receipt of the notice sent by the

Enforcement Section to the Board, post, where the citation is required to be

posted, a copy of the statement informing affected employees of their right to

participate as a party and of the availability of all pleadings for inspection

and copying at reasonable times. The notice may be in the following form:

 

     (Name of employer)

 

     Your employer has been cited by

the Chief of the Occupational Safety and Health Enforcement Section of the Division

of Industrial Relations of the Department of Business and Industry for

violation of the Nevada Occupational Safety and Health Act, chapter 618 of NRS. The citation has been

contested and will be the subject of a hearing before the Occupational Safety

and Health Review Board. Affected employees are entitled to participate in this

hearing as parties under terms and conditions established by the Occupational

Safety and Health Review Board in NAC 618.650 to 618.848, inclusive. Notice of intent to participate

must be sent, at least 30 days before the date of the hearing, to:

 

                               Occupational

Safety and Health Review Board

                                           400

West King Street, Suite 200

                                              Carson

City, Nevada 89703

 

     All papers relevant to this

matter may be inspected at:

 

     (Place reasonably convenient to

employees, preferably at or near workplace).

 

If appropriate, the second sentence of this notice may be

deleted and the following sentence may be substituted:

 

     The reasonableness of the period

prescribed by the Chief for abatement of the violation has been contested and

will be the subject of a hearing before the Occupational Safety and Health

Review Board.

 

     2.  The authorized employee representative

must be served with the notice in subsection 1 and with a copy of the notice of

the appeal or contest.

     3.  A copy of the notice of the hearing to be

held before the Board must be served by the employer on affected employees who

are not represented by an authorized employee representative by posting a copy

of the notice of the hearing at or near the place where the citation is

required to be posted.

     4.  A copy of the notice of the hearing to be

held before the Board must be served by the employer on the authorized

representative of any employee who has entered an appearance as of the date the

notice is received by the employer.

     5.  If a notice of contest is filed by an

affected employee who is not represented by an authorized employee

representative and there are other affected employees who are represented by an

authorized employee representative, the unrepresented employee shall serve a

copy on the authorized representative as prescribed in subsection 3 of NAC 618.707 and file proof of the service.

     6.  If a notice of contest is filed by an

affected employee or an authorized employee representative, a copy of the

notice of contest and the response filed in support of the contest must be

provided to the employer for posting as prescribed in subsection 1.

     7.  An authorized employee representative who

files a notice of contest shall serve a copy of the notice on any other

authorized employee representative whose members are affected employees.

     8.  Where

posting is required by this section, the posting must be maintained until the

commencement of the hearing or until an earlier disposition of the contest or

appeal.

     [Dep’t of Occupational

Safety & Health, Rule No. 7 subsecs. 6-14, eff. 11-9-73]—(NAC A by

Occupational Safety & Health Review Bd., 2-19-87; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.713  Proof of service. (NRS

618.295, 618.585)

     1.  Proof of

service must be made by a written affidavit which gives the date and manner of

service. The affidavit must be filed with the pleading or document.

     2.  If service

is accomplished by posting, proof of posting must be made by written affidavit

filed not later than the first working day after the document is posted.

     [Dep’t of Occupational

Safety & Health, Rule No. 7 subsecs. 4 & 5, eff. 11-9-73]—(NAC A by

Occupational Safety & Health Review Bd., 2-19-87)

Pleadings, Motions and Other Papers

      NAC 618.716  Contents of initial pleading. (NRS 618.295)  An

initial pleading filed by any person must contain the person’s name, address

and telephone number. Any change in this information must be communicated

promptly in writing to the Board and to all other parties and interveners. A

party or intervener who fails to furnish this information shall be deemed to

have waived the right to notice and service.

     [Dep’t of Occupational Safety & Health, Rule No. 6,

eff. 11-9-73]

      NAC 618.719  All relevant documents to be submitted to Board with notice of appeal

or contest. (NRS 618.295, 618.585)  All

relevant documents must be sent to the Board with the notice of appeal or contest.

     [Dep’t of Occupational

Safety & Health, Rule No. 32, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.720  Notice of appeal or contest to be sent to all interested parties.

(NRS 618.295)  A copy

of the notice of an appeal or contest sent by the Enforcement Section to the

Board must also be sent to all interested parties.

     (Added to NAC by

Occupational Safety & Health Review Bd., eff. 2-19-87)

      NAC 618.722  Captions; titles of cases. (NRS

618.295, 618.585)

     1.  A hearing

before the Board initiated by a notice of contest must be titled “Chief of the

Occupational Safety and Health Enforcement Section of the Division of

Industrial Relations of the Department of Business and Industry, Complainant

vs. Respondent.”

     2.  A hearing before the Board initiated by

an appeal must be titled “(Name of employer), Petitioner vs. Chief of the

Occupational Safety and Health Enforcement Section of the Division of

Industrial Relations of the Department of Business and Industry, Respondent.”

     3.  The titles must appear at the left upper

portion of the first page of any pleading or document, other than exhibits.

     4.  The first

page of any pleading or document, other than exhibits, must show, at the upper

right of the page opposite the title, the docket number, if known, assigned by

the Board.

     [Dep’t of Occupational

Safety & Health, Rule No. 31, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.725  Form of pleadings. (NRS 618.295)

     1.  Except as otherwise provided in this

section, there are no specific requirements for the form of any pleading. A

pleading must contain a caption sufficient to identify the parties in

accordance with NAC 618.722, which must include the

Board’s docket number, if assigned, and a clear and plain statement of the

relief that is sought, and the grounds for that relief.

     2.  Pleadings and other documents, other than

exhibits, must be typewritten, double spaced, on letter size opaque paper,

approximately 8 1/2 by 11 inches. The left margin must be 1 1/2 inches and the

right margin 1 inch. Pleadings and other documents must be fastened at the

upper left corner.

     3.  Pleadings must be signed by the party

filing or by his or her representative. This signature constitutes a

representation by the signer that he or she has read the document or pleading,

that to the best of his or her knowledge, information and belief the statements

made therein are true, and that the pleading is not interposed for delay.

     4.  The Board may refuse for filing any

pleading or document which does not comply with the requirements of this

section.

     [Dep’t of Occupational Safety & Health, Rule No.

30, eff. 11-9-73]

      NAC 618.734  Response to motions. (NRS

618.295)  Any

party or intervener upon whom a motion is served has 10 days from the service

of the motion to file a response.

     [Dep’t of Occupational

Safety & Health, Rule No. 37, eff. 11-9-73]

      NAC 618.737  Statement of position. (NRS

618.295)  At

any time before the commencement of the hearing before the Board, any person

entitled to appear as a party, or any person who has been granted leave to

intervene, may file a statement of position with respect to any or all issues

to be heard.

     [Dep’t of Occupational

Safety & Health, Rule No. 36, eff. 11-9-73]

      NAC 618.740  Petition for leave to intervene. (NRS

618.295, 618.585)

     1.  A petition

for leave to intervene in a hearing before the Board must be filed at least 30

days before the date of the hearing.

     2.  The petition must describe the interest

of the petitioner in the proceeding, show that the participation of the

petitioner will assist in the determination of the issues in question, and that

the intervention will not unnecessarily delay the proceeding.

     3.  The Board

will grant a petition for intervention to such an extent and upon such terms as

the Board determines to be proper.

     [Dep’t of Occupational

Safety & Health, Rule No. 21, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.743  Failure to file pleadings. (NRS

618.295)  Failure

to file any pleading when due may constitute a waiver of the right to further

participation in the proceedings.

     [Dep’t of Occupational

Safety & Health, Rule No. 38, eff. 11-9-73]

Complaints

      NAC 618.746  Filing by Chief; allegations; amendment of citation or proposed

penalty. (NRS

618.295, 618.585)

     1.  The Chief shall file a complaint with the

Board no later than 20 days after his or her receipt of a notice of contest.

     2.  The complaint must allege all violations

and proposed penalties which are contested, stating with particularity:

     (a) The basis for jurisdiction;

     (b) The time, location, place and circumstances of

each alleged violation; and

     (c) The considerations upon which the citation and

the proposed penalty for each alleged violation are based.

     3.  If the Chief seeks in the complaint to

amend his or her citation or proposed penalty, the Chief shall give the reasons

for amendment and state with particularity the change sought.

     [Dep’t of Occupational Safety & Health, part Rule

No. 33, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.749  Answer. (NRS 618.295, 618.585)

     1.  Within 15

days after service of a complaint, the party against whom the complaint was

issued shall file an answer with the Board and serve the opposing parties with

a copy of the answer.

     2.  The answer

must contain a short and plain statement denying those allegations in the

complaint which the party intends to contest. Any allegation not denied shall

be deemed admitted.

     [Dep’t of Occupational

Safety & Health, part Rule No. 33, eff. 11-9-73]—(NAC A by Occupational

Safety & Health Review Bd., 2-19-87)

Hearings

      NAC 618.752  Conduct of hearings by Board. (NRS 618.295, 618.585)  The

Board will conduct a fair and impartial hearing to assure that the facts are

fully elicited to adjudicate all issues and avoid delay. The Board will,

between the time it is notified of an appeal or contest and the time it issues

a decision:

     1.  Rule upon offers of proof and receive

relevant evidence;

     2.  Take or cause depositions to be taken

whenever the needs of justice would be served;

     3.  Regulate the course of the hearing and,

if appropriate or necessary, exclude persons from the hearing for contemptuous

conduct and strike all related testimony of witnesses refusing to answer any

proper questions;

     4.  Hold conferences for the settlement or

simplification of the issues;

     5.  Dispose of procedural requests or similar

matters, including motions referred to the Board by the Chief and motions to

amend pleadings, to dismiss complaints or portions of them and to order

hearings reopened or, upon motion, consolidated before the issuance of the

Chair’s report;

     6.  Make decisions in conformity with the

act;

     7.  Call and examine witnesses and introduce

into the record documentary or other evidence;

     8.  Request the parties at any time during

the hearing to state their respective positions concerning any issue in the

case or theory in support of the case;

     9.  Adjourn the hearing as the needs of

justice and good administration require; and

     10.  Take any other action necessary and

authorized by the regulations of the Board or the Division.

     [Dep’t of Occupational Safety & Health, Rule No.

66, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87;

A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.755  Disqualification of member of Board. (NRS 618.295, 618.585)

     1.  A member

of the Board may withdraw from a proceeding whenever the member of the Board

considers himself or herself to be disqualified.

     2.  Any party may request a member of the

Board, at any time before the filing of the Board’s decision, to withdraw on

the grounds of personal bias or other disqualification, by filing with the

Board promptly upon the discovery of the alleged facts an affidavit setting

forth in detail the matters alleged to constitute grounds for disqualification.

     3.  If, in the opinion of the member of the

Board, the affidavit is filed with due diligence and is sufficient on its face,

the member of the Board shall disqualify himself or herself and withdraw from

the proceeding.

     4.  If a

member of the Board withdraws from the proceeding, the member of the Board

shall state the reason for the disqualification upon the record, stating the

grounds for his or her decision. If the member of the Board does not believe

the affidavit is sufficient on its face, the member of the Board shall state

his or her decision on the record. The Board shall proceed with the hearing,

or, if the hearing has closed, proceed with issuing its decision.

     [Dep’t of Occupational

Safety & Health, Rule No. 67, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.758  Chief’s participation in hearing. (NRS

618.295)  In

any proceeding noticed pursuant to NAC 618.650 to 618.848, inclusive, the Chief will not participate in

or give advice regarding the report of the Board’s decision.

     [Dep’t of Occupational

Safety & Health, Rule No. 104, eff. 11-9-73]

      NAC 618.761  Ex parte communication. (NRS

618.295)

     1.  There may

be no ex parte communication, with respect to the merits of any case not

decided, between the Board, including any member, officer, employee or agent of

the Board who is employed in the decision process, and any of the parties or

interveners.

     2.  If an ex

parte communication occurs, the Board may make any orders or take any action

fairness requires. Upon notice and hearing, the Board may take any disciplinary

action appropriate in the circumstances against any person who knowingly and

willfully makes or solicits the making of a prohibited ex parte communication.

     [Dep’t of Occupational

Safety & Health, Rule No. 103, eff. 11-9-73]

      NAC 618.764  Confidential information. (NRS

618.295)

     1.  Upon

application by any person, in a proceeding where trade secrets or other matters

may be divulged, the confidentiality of which is protected by the act, the

Board will issue such orders as may be appropriate to protect the

confidentiality of these matters.

     2.  An

interlocutory appeal from an adverse ruling under this section will be granted

as a right.

     [Dep’t of Occupational

Safety & Health, Rule No. 11, eff. 11-9-73]

      NAC 618.767  Prehearing conference. (NRS

618.295)

     1.  At any

time before a hearing, the Board, on its own motion or on the motion of a

party, may direct the parties or their representatives to exchange information

or to participate in a prehearing conference to consider matters which will

simplify the issues or expedite the proceedings.

     2.  The Board

may issue a prehearing order which includes the agreements reached by the

parties. The order will be served on all parties and is a part of the record.

     [Dep’t of Occupational

Safety & Health, Rule No. 51, eff. 11-9-73]

      NAC 618.770  Notice of hearing. (NRS

618.295, 618.585)  Except

as otherwise provided in NAC 618.650 to 618.848, inclusive, the Board will send a notice of

the time, place and nature of a hearing to the parties and interveners of

record at least 10 days before the hearing.

     [Dep’t of Occupational

Safety & Health, Rule No. 60, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.773  Withdrawal of notice of contest. (NRS 618.295)  At any

stage of a proceeding, a party may withdraw his or her notice of contest,

subject to the approval of the Board.

     [Dep’t of Occupational Safety & Health, Rule No.

50, eff. 11-9-73]

      NAC 618.776  Postponement of hearing. (NRS

618.295)

     1.  The

postponement of a hearing ordinarily will not be allowed.

     2.  Except in the case of an extreme

emergency or in unusual circumstances, no request will be considered unless

received in writing at least 3 days in advance of the time set for the hearing.

     3.  No

postponement in excess of 30 days will be allowed without the Board’s approval.

     [Dep’t of Occupational

Safety & Health, Rule No. 61, eff. 11-9-73]

      NAC 618.779  Expedited proceeding. (NRS 618.295, 618.585)

     1.  Upon application of any party or

intervener, or upon the motion of any member of the Board, the Chair of the

Board may order an expedited proceeding.

     2.  If an expedited proceeding is ordered:

     (a) The Chief shall notify all parties and

interveners.

     (b) The Chair of the Board shall make necessary

rulings for the time for the filing of pleadings and all other matters, order

daily transcripts of the hearing, and do all other things necessary to complete

the proceeding in the minimum time consistent with fairness.

     [Dep’t of Occupational Safety & Health, Rule No.

101, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.782  Failure of party to appear. (NRS

618.295)

     1.  Subject to

the provisions of subsection 3, the failure of a party to appear at a hearing

is a waiver of all rights except the rights to be served with a copy of the

decision of the Board.

     2.  Requests for reinstatement must be made,

in the absence of extraordinary circumstances, within 5 days after the

scheduled date for the hearing.

     3.  The Board,

upon a showing of good cause, may excuse a failure to appear. In this event,

the hearing will be rescheduled.

     [Dep’t of Occupational

Safety & Health, Rule No. 62, eff. 11-9-73]

      NAC 618.785  Conduct at hearings. (NRS

618.295)  All

persons appearing in any proceeding shall conform to the standards of ethical

conduct required in the courts of the State of Nevada.

     [Dep’t of Occupational

Safety & Health, Rule No. 102, eff. 11-9-73]

      NAC 618.788  Burden of proof. (NRS

618.295, 618.585)  In all

proceedings commenced by the filing of a notice of contest, the burden of proof

rests with the Chief.

     [Dep’t of Occupational

Safety & Health, Rule No. 73, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.791  Subpoenas. (NRS 618.295, 618.585)

     1.  The Chair of the Board or any member of

the Board shall, on the application of any party directed to the Board, request

the Chief to issue subpoenas requiring the attendance and testimony of

witnesses and the production of any evidence, including relevant books,

records, correspondence or documents. An application, if filed after the notice

of appeal or contest is sent to the Board, must be filed with the Board. An

application for a subpoena may be made ex parte. The subpoena must show on its

face the name and address of the party at whose request the subpoena was

issued.

     2.  If the person served with a subpoena does

not intend to comply with the subpoena, the person shall, within 5 days after

the date of service, move in writing to revoke or modify the subpoena. All

motions to revoke or modify a subpoena must be served on the party at whose

request the subpoena was issued.

     3.  The Chair of the Board may revoke or

modify the subpoena if:

     (a) The evidence whose production is required does

not relate to any matter under investigation or in question in the proceedings;

     (b) The subpoena does not describe with sufficient

particularity the evidence whose production is required; or

     (c) For any other reason sufficient in law, the

subpoena is otherwise invalid.

Ê The Chair

shall state his or her reasons for the ruling on the motion to revoke or

modify. The motion to revoke or modify, any answer filed to the motion, and any

ruling on the motion are a part of the record.

     4.  Persons compelled to submit data or

evidence at a public proceeding are entitled to retain, or on payment of

lawfully prescribed costs, to procure, copies of transcripts of the data or

evidence submitted by them.

     5.  Upon the failure of any person to comply

with a subpoena issued upon the request of a party, the Board will request that

the Chief initiate proceedings in the appropriate district court for the

enforcement of the subpoena.

     [Dep’t of Occupational Safety & Health, Rule No.

55, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.794  Failure to comply with order for discovery. (NRS 618.295)  If any

party or intervener fails to comply with an order of the Board to permit

discovery in accordance with the provisions of NAC

618.650 to 618.848, inclusive, the Board may

issue appropriate orders.

     [Dep’t of Occupational

Safety & Health, Rule No. 54, eff. 11-9-73]

      NAC 618.797  Depositions; interrogatories. (NRS

618.295)

     1.  Except by

special order of the Board, discovery depositions of parties, interveners or

witnesses are not allowed.

     2.  If the

Board grants an application for discovery proceedings, the order granting the

proceedings must give appropriate time limits governing the discovery.

     [Dep’t of Occupational

Safety & Health, Rule No. 53, eff. 11-9-73]

      NAC 618.800  Requests for admissions. (NRS

618.295)

     1.  At any

time after the filing of a responsive pleading, any party may request of any

other party admissions of facts to be made under oath. Each admission requested

must be listed separately. The matter shall be deemed admitted unless, within

15 days after service of the request, or within such shorter or longer time as

the Board may prescribe, the party to whom the request is directed serves upon

the party requesting the admission a specific written response.

     2.  Copies of

all requests and responses must be served on all parties in accordance with the

provisions of NAC 618.707, 618.710

and 618.713 and filed with the Board within the

time allotted. Such requests are a part of the record.

     [Dep’t of Occupational

Safety & Health, Rule No. 52, eff. 11-9-73]

      NAC 618.803  Rules of evidence. (NRS

618.295)  Hearings

before the Board must be in accordance with the Nevada Administrative Procedure

Act, chapter 233B of NRS, and, if

practicable, must be governed by the rules of evidence applicable in the

district courts of this State.

     [Dep’t of Occupational

Safety & Health, Rule No. 72, eff. 11-9-73]

      NAC 618.806  Exhibits. (NRS 618.295)

     1.  All exhibits offered in evidence must be

numbered and marked with a designation identifying the party or intervener by

whom the exhibit is offered.

     2.  In the absence of objection by another

party or intervener, exhibits must be admitted into evidence as a part of the

record, unless excluded by the Board pursuant to NAC

618.803.

     3.  Unless the Chair of the Board finds it

impractical, a copy of each exhibit must be given to the other parties and

interveners.

     4.  All exhibits offered, but denied

admission into evidence, must be identified and placed in a separate file

designated for rejected exhibits.

     [Dep’t of Occupational Safety & Health, Rule No.

71, eff. 11-9-73]

      NAC 618.809  Examination of witnesses; affidavits. (NRS 618.295)

     1.  Witnesses

may be examined orally under oath. Opposing parties have the right to

cross-examine any witness whose testimony is introduced by an adverse party.

     2.  An

affidavit may be admitted as evidence in lieu of oral testimony if the matters

contained therein are otherwise admissible and the parties agree to its

admission.

     [Dep’t of Occupational

Safety & Health, Rule Nos. 68 & 69, eff. 11-9-73]

      NAC 618.812  Inspection and reproduction of documents. (NRS 618.295)

     1.  Subject to

the provisions of the law restricting public disclosure of information, any

person may, at the offices of the Enforcement Section, inspect and copy any

document filed in any proceeding.

     2.  The costs

of the copies must be paid by the person inspecting the documents.

     [Dep’t of Occupational

Safety & Health, Rule No. 105, eff. 11-9-73]

      NAC 618.815  Objections. (NRS 618.295)

     1.  Any objection with respect to the conduct

of the hearing, including any objection to the introduction of evidence or a

ruling by the Chair of the Board, may be stated orally or in writing,

accompanied by a short statement of the grounds for the objection, and is

included in the record. No objection is waived by further participation in the

hearing.

     2.  Whenever evidence is excluded from the

record, the party offering the evidence may make an offer of proof, which must

be included in the record of the proceeding.

     [Dep’t of Occupational Safety & Health, Rule No.

74, eff. 11-9-73]

      NAC 618.818  Depositions. (NRS 618.295, 618.585)

     1.  An application to take the deposition of

a witness in lieu of oral testimony must be in writing and must set forth the

reasons the deposition must be taken, the name and address of the witness, the

matters to which the witness will testify and the time and place proposed for

the taking of the deposition. The application must be filed with the Board and

served on all other parties and interveners not less than 7 days, if the

deposition is to be taken within the continental United States, or not less

than 15 days, if the deposition is to be taken elsewhere, before the time the

deposition is to be taken. Where good cause has been shown, the Board will make

and serve on the parties and interveners an order which specifies the name of the

witness whose deposition is to be taken and the time, place and designation of

the officer before whom the witness is to testify.

     2.  The deposition may be taken before any

officer authorized to administer oaths by the laws of the State of Nevada or of

the place where the examination is held. If the examination is held in a

foreign country, it may be taken before any secretary of embassy or legation,

consul general, consul, vice consul or consular agent of the United States.

     3.  At the time and place specified in the

order, the officer designated to take the deposition shall permit the witness

to be examined and cross-examined under oath by all parties appearing. The

testimony of the witness must be typewritten by the officer or under the

officer’s direction. All objections to questions or evidence are waived unless

made at the examination. The officer may not rule upon any objection, but shall

note them upon the deposition. The testimony must be subscribed by the witness

in the presence of the officer who shall attach his or her certificate stating

that the witness was sworn by the officer, that the deposition is a true record

of the testimony and exhibits given by the witness, and that the officer is not

of counsel or attorney to any of the parties nor interested in the proceeding.

If the deposition is not signed by the witness because the witness is ill,

dead, cannot be found or refuses to sign it, this fact must be included in the

certificate of the officer and the deposition may be used as though signed. The

officer shall immediately deliver an original and four copies of the

transcript, together with the officer’s certificate, in person or by registered

mail to the Chief.

     4.  The Board will rule upon the

admissibility of the deposition or any part of the deposition.

     5.  All errors or irregularities in

compliance with the provisions of this section are waived unless a motion to

suppress the deposition or a part of it is made with reasonable promptness

after the defect is, or with due diligence might have been, discovered.

     6.  If the parties stipulate in writing,

depositions may be taken before any person at any time or place, upon any

notice and in any manner, and when so taken, may be used as other depositions

are used.

     [Dep’t of Occupational Safety & Health, Rule No.

70, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.821  Oral arguments. (NRS

618.295, 618.585)  Oral

arguments on motions or other preliminary matters before the Board will not be

allowed unless the Board advises all parties to the proceeding of the date,

hour, place, time allotted and scope of the argument at least 10 days before

the date set for the argument.

     [Dep’t of Occupational

Safety & Health, Rule No. 92, eff. 11-9-73]—(NAC A by Occupational Safety

& Health Review Bd., 2-19-87)

      NAC 618.824  Severance. (NRS 618.295)  Upon its

own motion, or upon a motion of any party or intervener, the Board may, for

good cause, order any proceeding severed with respect to some or all issues or

parties.

     [Dep’t of Occupational

Safety & Health, Rule No. 10, eff. 11-9-73]

      NAC 618.827  Consolidation. (NRS

618.295)  Cases

may be consolidated on the motion of any party or on the Board’s own motion if

there exist common parties, common questions of law or fact, or both, or in any

other circumstances as justice and the administration of the act require.

     [Dep’t of Occupational Safety & Health, Rule No. 9,

eff. 11-9-73]

      NAC 618.830  Time for filing briefs or proposed findings of fact or

conclusions of law. (NRS 618.295, 618.585)  The

Chair of the Board may fix a reasonable period for the filing of any briefs

ordered by the Board or proposed findings of fact and conclusions of law.

     [Dep’t of Occupational Safety & Health, Rule No.

75, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.833  Settlement. (NRS 618.295, 618.585)

     1.  A settlement will be approved by the

Board at any stage of the proceedings if the settlement is consistent with the

provisions and objectives of chapter 618

of NRS.

     2.  An agreement for a settlement submitted

by the parties must be accompanied by an appropriate proposed order.

     3.  If parties agree to a settlement, a copy

of the agreement must be served upon all affected employees who have given

notice. Proof of service must accompany the proposed settlement when submitted

to the Board.

     [Dep’t of Occupational Safety & Health, Rule No.

100, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.836  Decision of Board. (NRS

618.295, 618.585)

     1.  The decision of the Board will include

findings of fact, conclusions of law and an order.

     2.  All motions, petitions and other

pleadings filed after the issuance of the decision must be addressed to the

Board.

     [Dep’t of Occupational Safety & Health, Rule No.

90, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87)

      NAC 618.839  Stay of final order. (NRS

618.295)

     1.  Any party aggrieved by a final order of

the Board may, while the matter is within the jurisdiction of the Board, file a

motion for a stay.

     2.  The motion must list the reasons for

which a stay is sought and the length of the stay requested.

     3.  The Board may order a stay for the period

requested or for a longer or shorter period as appropriate.

     [Dep’t of Occupational Safety & Health, Rule No.

91, eff. 11-9-73]

      NAC 618.842  Transcript. (NRS 618.295)  Hearings

must be transcribed verbatim. A copy of the transcript of testimony taken at

the hearing, fully certified by the reporter, must be filed with the Board

before whom the matter was heard. The Board will promptly serve notice upon

each of the parties and interveners of the filing of the transcript.

     [Dep’t of Occupational Safety & Health, Rule No.

65, eff. 11-9-73]

      NAC 618.845  Reporter’s fees. (NRS

618.295)  Except

as otherwise provided in NAC 618.848, reporter’s

fees must be paid by the Enforcement Section.

     [Dep’t of Occupational Safety & Health, Rule No.

64, eff. 11-9-73]

      NAC 618.848  Witness fees; fees to persons taking depositions. (NRS 618.295)

     1.  Witnesses summoned before the Board are

entitled to be paid the same fees and mileage that are paid to witnesses in the

courts of the State of Nevada.

     2.  Witnesses whose depositions are taken and

the persons taking the depositions are entitled to the same fees as are paid

for similar services in the courts of the State of Nevada.

     3.  Witness fees and mileage must be paid by

the party at whose instance the witness appears. The party at whose instance

the deposition is taken shall pay the person taking the deposition.

     [Dep’t of Occupational Safety & Health, Rule No.

63, eff. 11-9-73]

ABATEMENT OF ASBESTOS

General Provisions

      NAC 618.850  Definitions. (NRS 618.295, 618.760)  As used

in NAC 618.850 to 618.986,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.851 to 618.904,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.851  “Abatement” defined. (NRS

618.295, 618.760)  “Abatement”

means any act which is intended to reduce, eliminate or encapsulate asbestos or

materials containing asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.852  “Abatement worker” defined. (NRS

618.295, 618.760)  “Abatement

worker” means any person who is licensed by the Enforcement Section in a

nonsupervisory capacity, to clean, handle, repair, remove, encapsulate,

enclose, haul, dispose of or otherwise work with materials containing asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.853  “Accredited” defined. (NRS

618.295, 618.760)  “Accredited”

means the formal approval of a person’s credentials given by the Enforcement

Section, or an authority approved by the Enforcement Section, based on the

person’s training, experience and education.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.854  “Activity for the abatement of asbestos” defined. (NRS 618.295, 618.760)  “Activity

for the abatement of asbestos” means any process related to the job set-up,

removal, encapsulation, enclosure, renovation, repair, demolition,

construction, alteration or maintenance of material containing asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.856  “Aggressive sampling” defined. (NRS

618.295, 618.760)  “Aggressive

sampling” means a method of sampling in which the act of collecting the samples

creates the motion of matter during the sampling process, stirs up settled dust

or stimulates the movement of materials in an area of a structure.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.857  “AHERA” defined. (NRS

618.295, 618.760)  “AHERA”

means the Asbestos Hazard Emergency Response Act of 1986, Pub. L. 99-519, 100

Stat. 2970, Title 15, Oct. 22, 1986, and the regulations adopted pursuant

thereto.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.860  “Asbestos” defined. (NRS

618.295, 618.760)  “Asbestos”

has the meaning ascribed to it in NRS

618.750.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.861  “Asbestos fiber” defined. (NRS

618.295, 618.760)  “Asbestos

fiber” means a particulate form of asbestos which is 5 micrometers or longer

with a length-to-width ratio of at least 3 to 1.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.862  “Building” defined. (NRS

618.295, 618.760)  “Building”

means a roofed or walled structure built for permanent use, including any

associated external or internal mechanical system.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.863  “Containment area” defined. (NRS

618.295, 618.760)  “Containment

area” means a negative pressure enclosure containing a project for the

abatement of asbestos, emergency asbestos project or decontamination enclosure

system which is configured so as to isolate those activities from areas which

are to remain uncontaminated.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.864  “Contractor” defined. (NRS

618.295, 618.760)  “Contractor”

means a contractor, as that term is defined in NRS 624.020, who is involved in a

project for the abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.866  “Demolition” defined. (NRS

618.295, 618.760)  “Demolition”

means the wrecking or taking out of any structural member and any related

razing, removing or stripping of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.869  “Emergency asbestos project” defined. (NRS 618.295, 618.760)  “Emergency

asbestos project” means any activity for the abatement of asbestos requiring

immediate action for safety or the protection of the public health, which is

not planned but results from a sudden, unexpected event. The term includes

projects required because of nonroutine failures of equipment.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.870  “Employee” defined. (NRS 618.295, 618.760)  “Employee”

means an employee, as that term is defined in NRS 618.085, who is required,

directed, allowed or permitted by his or her employer to engage in any

employment at any place where an activity for the abatement of asbestos is

being performed.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.874  “EPA” defined. (NRS

618.295, 618.760)  “EPA”

means the Environmental Protection Agency.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.875  “Friable material containing asbestos” defined. (NRS 618.295, 618.760)  “Friable

material containing asbestos” means a substance containing asbestos which can

be crumbled, pulverized or reduced to powder by hand pressure.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.879  “Inspector” defined. (NRS 618.295, 618.760)  “Inspector”

means a licensed consultant who is specially accredited to:

     1.  Determine the presence, condition and

location of building material that is material presumed to contain asbestos;

and

     2.  Collect samples of building material to

determine the amount of asbestos in the material.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.881  “License” defined. (NRS

618.295, 618.760)  “License”

means an authorization issued by the Enforcement Section to engage in a project

for the control of asbestos in a specific occupation.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.882  “Licensed consultant” defined. (NRS

618.295, 618.760)  “Licensed

consultant” means any person who is licensed by the Enforcement Section to be

directly involved with providing consultant services regarding the control of

asbestos and who is accredited as:

     1.  An inspector;

     2.  A management planner;

     3.  A monitor;

     4.  A project designer; or

     5.  Any combination thereof.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.883  “Licensee” defined. (NRS 618.295, 618.760)  “Licensee”

means any person who is licensed by the Enforcement Section pursuant to NAC 618.850 to 618.986,

inclusive.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.884  “Lock down” defined. (NRS

618.295, 618.760)  “Lock

down” means the process of spraying the work area with an encapsulant or other

material as a measure to prevent any remaining materials containing asbestos

from becoming airborne after the abatement of asbestos is completed.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.885  “Maintenance” defined. (NRS

618.295, 618.760)  “Maintenance”

means any act intended to preserve or sustain the integrity of a structure,

material or apparatus.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.886  “Management planner” defined. (NRS

618.295, 618.760)  “Management

planner” means a licensed consultant who is specially accredited to assess the

hazards of material containing asbestos in order to determine the appropriate

response actions and to write management plans.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.887  “Material containing asbestos” defined. (NRS 618.295, 618.760)  “Material

containing asbestos” means any material which is determined to contain more

than 1 percent asbestos. The term includes “asbestos-containing material” and

“ACM,” as those terms are defined in Part 763 of Title 40 of the Code of

Federal Regulations.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.8875  “Material presumed to contain asbestos” defined. (NRS 618.295, 618.760)  “Material

presumed to contain asbestos” means thermal system insulation, surfacing

material or flooring material found in a building or structure which may

contain asbestos.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.888  “Monitor” defined. (NRS

618.295, 618.760)  “Monitor”

means any licensed consultant who is specially accredited to oversee projects

for the abatement of asbestos and monitor the quality of air and who authorizes

the final clearance for projects for the abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.889  “Nonfriable material containing asbestos” defined. (NRS 618.295, 618.760)  “Nonfriable

material containing asbestos” means a substance containing asbestos which

cannot be crumbled, pulverized or reduced to powder by hand pressure.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.890  “Occupant” defined. (NRS 618.295, 618.760)  “Occupant”

means any person who is physically located under or within a structure or

building. The term does not include a person who is involved in an activity for

the abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.8905  “Owner of a building or structure” defined. (NRS 618.295, 618.760)  “Owner

of a building or structure” means a person, including a lessee, who exercises

control over a building or structure.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.891  “Plan for the abatement of asbestos” defined. (NRS 618.295, 618.760)  “Plan

for the abatement of asbestos” means the written specifications for a project

for the abatement of asbestos which are set forth in 29 C.F.R. § 1910.1001 and

29 C.F.R. § 1926.1101 and a drawing that indicates the location of that

project.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.892  “Project designer” defined. (NRS 618.295,

618.760)  “Project

designer” means any licensed consultant who is specially accredited to

formulate plans and write specifications for conducting projects for the

abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.893  “Project for spot repairs” defined. (NRS 618.295, 618.760)  “Project

for spot repairs” means any activity for the abatement of asbestos which

encompasses not more than 25 linear feet of material containing asbestos

located on pipes or ducts or not more than 10 square feet of any other material

containing asbestos. The term does not include large projects which are divided

into smaller segments.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.894  “Project for the abatement of asbestos” defined. (NRS 618.295, 618.760)  “Project

for the abatement of asbestos” means any activity for the abatement of asbestos

involving more than 25 linear feet of material containing asbestos located on

pipes or ducts or more than 10 square feet of any other material containing

asbestos. The term includes activities for the abatement of asbestos, but does

not include projects for spot repairs if the number of procedures can be

predicted within 1 year and the material containing asbestos to be disturbed

exceeds these limits.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000; R109-00,

9-6-2001)

      NAC 618.895  “Removal” defined. (NRS

618.295, 618.760)  “Removal”

means the stripping of any material containing asbestos from surfaces or

components of a structure.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.896  “Renovation” defined. (NRS

618.295, 618.760)  “Renovation”

means altering in any way one or more components of a structure.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.897  “Repair” defined. (NRS

618.295, 618.760)  “Repair”

means the restoration of material containing asbestos that has been damaged, to

seal exposed areas where asbestos fibers may be released. The term includes the

repair of enclosures around materials containing asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.898  “Structural member” defined. (NRS

618.295, 618.760)  “Structural

member” means any part of a structure which supports a load, including beams,

walls which support loads and walls which do not support loads.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.899  “Structure” defined. (NRS 618.295, 618.760)  “Structure”

means any man-made object composed of a number of parts that are interdependent

and form a definite pattern of organization, including any internal or external

mechanical systems.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.900  “Supervisor” defined. (NRS

618.295, 618.760)  “Supervisor”

means any abatement worker who is licensed by the Enforcement Section to be a

contractor’s competent person.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.9005  “Surfacing material” defined. (NRS 618.295, 618.760)  “Surfacing

material” means material that is sprayed or troweled on or otherwise applied to

a surface.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.9015  “Thermal system insulation” defined. (NRS 618.295, 618.760)  “Thermal

system insulation” means material applied to pipes, fittings, boilers,

breeching, tanks, ducts or structural components to prevent the loss or gain of

heat.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.902  “Training course approved by the EPA” defined. (NRS 618.295, 618.760)  “Training

course approved by the EPA” means a training course approved by the EPA

pursuant to the Model Contractor Accreditation Plan for States contained in

Appendix C of Subpart E of Part 763 of Title 40 of the Code of Federal

Regulations, as it existed on January 1, 1989.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.903  “Training day” defined. (NRS

618.295, 618.760)  “Training

day” means a day of training equal to 8 hours, including breaks and lunch.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.904  “TSCA” defined. (NRS

618.295, 618.760)  “TSCA”

means the Toxic Substances Control Act, 15 U.S.C. § 2643.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.906  Adoption by reference of certain provisions of Code of Federal

Regulations and other publications. (NRS 618.295, 618.760, 618.765)  The

Division hereby adopts by reference:

     1.  Appendix A of Subpart E of Part 763 of

Title 40 of the Code of Federal Regulations, published in the Federal Register,

October 30, 1987, as “Part III, Environmental Protection Agency, 40 C.F.R. 763,

Asbestos-Containing Materials in Schools; Final Rule and Notice.” The

publication may be obtained from the Office of Toxic Substances, Environmental

Protection Agency, 401 M Street, S.W., Washington, D.C. 20460, free of charge.

     2.  Method No. 7400, entitled “Asbestos and

Other Fibers by PCM” and Method No. 7402, entitled “Asbestos by TEM-7402”

included in The National Institute for Occupational Safety and Health

(NIOSH) Manual of Analytical Methods (NMAM), 4th edition, DHHS (NIOSH)

Publication 94-113 (August 1994) which may be obtained by mail from the

Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050,

St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800,

for the price of $56.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.907  Limitations on exposure of persons to asbestos; notice of excess

levels in building; compliance with requirements. (NRS 618.295, 618.760, 618.765)

     1.  An occupant of a building may not be

exposed to an 8-hour time-weighted-average of airborne asbestos fibers in

excess of 0.01 asbestos fibers per cubic centimeter of air. The amount of

fibers in the air must be determined using the field sampling protocol and

analytical method set forth in Appendix A of Subpart E of 40 C.F.R. Part 763.

An air sample volume of at least 600 liters must be sampled at a maximum flow

rate of 10 liters per minute.

     2.  If an owner of a building discovers that

the quantity of airborne asbestos therein exceeds the level set forth in

subsection 1, the owner shall post in a conspicuous place within the building

or structure, including all entrances, a written notice to all occupants that

the levels of airborne asbestos exceed the level set forth in subsection 1. The

notice must be at least 8 inches by 11 inches in size and must consist of not

less than 10 characters per inch in size. The owner shall immediately notify

the Enforcement Section of the excess levels of asbestos.

     3.  An owner of a building shall comply with

the requirements for the communication of hazards set forth in 29 C.F.R. §

1910.1001(j) and 29 C.F.R. § 1926.1101(k).

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

Licensing and Accreditation to Perform Services

      NAC 618.910  Application for initial license; period of validity of license. (NRS 618.295, 618.760, 618.765)

     1.  A person who wishes to apply for an

initial license as a contractor, supervisor, abatement worker or consultant

must submit a signed, completed application with all necessary documentation to

the Enforcement Section on a form provided by the Enforcement Section.

     2.  An application for initial licensing must

be delivered to the Enforcement Section at 400 West King Street, Suite 200,

Carson City, Nevada 89703.

     3.  The Enforcement Section may, within 30

days after the receipt of an application, require further information to

determine whether the application should be approved or denied.

     4.  If the Enforcement Section requests

further information from an applicant and does not receive that information

within 60 days after the date of the request, the application will be

considered abandoned and the request for an initial license will be denied.

     5.  An applicant must include his or her

mailing address on the application and immediately notify the Enforcement

Section of any change in that address. Any notification of a change of address

received by the Enforcement Section acts as an amendment to the original

application. The address stated on the original application or as amended must

be the proper mailing address for all filings, postings and communications made

by mail between the Enforcement Section and the applicant.

     6.  A license issued by the Enforcement

Section is valid:

     (a) Until the expiration date of the certificate

for a training course or a refresher training course; or

     (b) For 1 year,

Ê whichever

occurs earlier.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.911  Action by Enforcement Section on application for license or

renewal. (NRS 618.295, 618.760, 618.765)

     1.  Within 30 days after receiving an

application for a license or the renewal of a license, the Enforcement Section

will notify the applicant of any deficiencies in the application.

     2.  Within 60 days after receiving a

completed application, including all additional information requested, the

Enforcement Section will approve or deny the application.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.912  Grounds for denial of application for license or renewal. (NRS 618.295, 618.760, 618.765)  The

Enforcement Section may deny an application for an initial license or the

renewal of a license if an applicant fails to demonstrate competency in the

field of asbestos abatement, including, but not limited to:

     1.  Failure to demonstrate his or her ability

to comply fully with the applicable requirements, procedures and standards set

forth in NAC 618.850 to 618.986,

inclusive.

     2.  Any history of incompetence or negligence

on the part of the applicant or the applicant’s employees or agents, or both,

with regard to asbestos abatement.

     3.  Submission of false information or

documentation required in an application or regulation, if requested by the

Enforcement Section.

     4.  Failure to submit any information or

documentation required in an application or regulation, if requested by the

Enforcement Section.

     5.  Any past violation of state or federal

laws or regulations relating to the abatement of asbestos.

     6.  Failure to provide proof of the

maintenance of a policy of industrial insurance as required by chapters 616A to 617, inclusive, of NRS.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.913  Renewal of license: Generally. (NRS 618.295, 618.760, 618.765)

     1.  A licensee must submit an application for

the renewal of his or her license before the license expires.

     2.  An application for the renewal of a

license must be submitted on a form provided by the Enforcement Section and

delivered to the Enforcement Section at 400 West King Street, Suite 200, Carson

City, Nevada 89703.

     3.  An application must be accompanied by:

     (a) Evidence that the applicant has, within the

preceding 12 months, completed a refresher training course approved by the EPA

for his or her discipline; and

     (b) The applicable fee for renewal.

     4.  The renewal of a license is not effective

until final action on the application is taken by the Enforcement Section.

     5.  An application for the renewal of a

license must include the applicant’s mailing address. The applicant shall

immediately notify the Enforcement Section of any change in that address. Any

notification of a change of address received by the Enforcement Section acts as

an immediate amendment to the original application. The address stated on the

original application or amended application must be the proper mailing address

for all filings, postings and communications made by mail between the

Enforcement Section and the licensee.

     6.  Before the license of a contractor or

consultant may be renewed, the contractor or consultant must abate all

conditions for which the contractor or consultant has been issued a citation by

the Enforcement Section and pay all fines due to the Division.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.914  Renewal of license: Fee. (NRS 618.295, 618.760, 618.765, 618.770)

     1.  Except as otherwise provided in

subsection 2, the renewal fee for:

     (a) A contractor is $200.

     (b) A supervisor is $50.

     (c) An abatement worker is $25.

     (d) A consultant is $100.

     2.  The fee for the first renewal is one half

of the applicable amount set forth in subsection 1 if:

     (a) The training certificate expires within 6

months after the date on which the license was issued;

     (b) Proof of the applicant’s completion of a

refresher training course is received by the Enforcement Section before the

license expires; and

     (c) The application for renewal is received by the

Enforcement Section before the license expires.

     3.  The Division shall refund the renewal fee

if the application to renew the license is denied.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.915  Licensing of persons authorized to act in other states. (NRS 618.295, 618.760, 618.765)  A person

who is authorized to act as a consultant or to engage in an activity for the

abatement of asbestos in another state may submit an application to the

Enforcement Section for a license to act in that capacity in this State without

repeating the requirements for training if the person complies with all other

licensing requirements set forth in NAC 618.850 to 618.986, inclusive, for his or her occupation.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.9155  Contractors: License required; qualified employees; compliance. (NRS 618.295, 618.760, 618.765)

     1.  A project for the abatement of asbestos

must be performed by a contractor who is licensed pursuant to the provisions of

NAC 618.850 to 618.986,

inclusive.

     2.  Such a contractor shall:

     (a) Use only supervisors and abatement workers on a

project for the abatement of asbestos; and

     (b) Comply with the requirements set forth in 29

C.F.R. § 1926.1101.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.916  Contractors: Prerequisites to obtaining license; fee. (NRS 618.295, 618.760, 618.765)  To

obtain a license as a contractor, an applicant must:

     1.  Provide evidence of at least 2 years of

experience working in projects for the abatement of asbestos;

     2.  Provide proof that he or she maintains a

policy of industrial insurance as required by chapters 616A to 617, inclusive, of NRS;

     3.  Except as otherwise provided in

subsection 4, provide evidence of the successful completion of an initial

training course approved by the EPA for contractors;

     4.  If the certificate for the initial

training course has expired, provide evidence of participation in a refresher

training course approved by the EPA for contractors;

     5.  Submit to the Enforcement Section a

written description of the protective gear and clothing that will be issued to

all potentially exposed employees;

     6.  Submit to the Enforcement Section a

written medical monitoring program for his or her employees;

     7.  Submit to the Enforcement Section a

written program for monitoring air for projects for the abatement of asbestos;

and

     8.  Pay, at the time of application, a

license fee of $200.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.917  Contractors: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for

contractors must comply with the requirements set forth in Appendix C of

Subpart E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.918  Contractors: Requirements for maintenance of license. (NRS 618.295, 618.760, 618.765)  To

maintain his or her license, a contractor must:

     1.  Ensure that proper notification of any

proposed project for the abatement of asbestos is given in writing to the

Enforcement Section;

     2.  Ensure that records of all projects for

the abatement of asbestos the contractor performs are maintained and retained

for at least 30 years in accordance with 29 C.F.R. § 1926.33;

     3.  Ensure that a supervisor who is properly

trained and licensed pursuant to NAC 618.850 to 618.986, inclusive, remains present at the site if any

asbestos activity is being carried out as part of a project for the abatement

of asbestos;

     4.  Ensure that all abatement workers and

supervisors in the contractor’s employ are properly trained and licensed;

     5.  Establish and carry out a program for

respiratory protection and submit a written copy of the program to the

Enforcement Section;

     6.  Provide each of his or her employees who

engages in activities for the abatement of asbestos with the necessary

protective gear and clothing;

     7.  Provide or make available to all

employees who engage in activities for the abatement of asbestos, a written

medical monitoring program;

     8.  Establish and carry out a written program

for monitoring air for projects for the abatement of asbestos to protect

employees who may be exposed to airborne asbestos fibers;

     9.  Ensure that all asbestos activities

performed are carried out pursuant to the provisions of NAC

618.850 to 618.986, inclusive;

     10.  Provide employees of the Enforcement

Section with the use of a supplied air system to use during inspections of the

work area if a supplied air system is being used for activities for the

abatement of asbestos at that location.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.919  Contractors: Permission to act as limited contractor. (NRS 618.295, 618.760, 618.765)

     1.  A person who has complied with all of the

requirements to be a contractor, except the requirements relating to

experience, may apply to the Enforcement Section for permission to be a limited

contractor.

     2.  An application made pursuant to

subsection 1 must be made in writing and delivered to the Chief at 400 West

King Street, Suite 200, Carson City, Nevada 89703.

     3.  Permission to act as a limited contractor:

     (a) Authorizes the limited contractor to perform a

progression of projects for the abatement of asbestos, from simple inexpensive

projects to difficult and complex projects;

     (b) Is effective upon notification by the

Enforcement Section; and

     (c) Is limited to those situations where a project

for the abatement of asbestos is supervised by a licensed supervisor who is

experienced in the type of project performed.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.920  Supervisors: Prerequisites to obtaining license; fee. (NRS 618.295, 618.760, 618.765, 618.770)  To be

licensed as a supervisor, an applicant must:

     1.  Be at least 18 years of age.

     2.  Provide evidence of at least 4 months of

experience working in projects for the abatement of asbestos.

     3.  Provide evidence of the successful

completion of an initial training course approved by the EPA for supervisors.

     4.  If the certificate for the initial

training course required by subsection 3 has expired, provide evidence of

participation in a refresher training course approved by the EPA for

supervisors.

     5.  Pay a licensing fee of $50.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.921  Supervisors: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for

supervisors must comply with the requirements set forth in Appendix C of

Subpart E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.922  Supervisors: Location of current license. (NRS 618.295, 618.760, 618.765)  A

licensed supervisor shall keep his or her current license at the location at

which the licensed supervisor is performing activities for the abatement of

asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.923  Supervisors: Permission to act as probationary supervisor. (NRS 618.295, 618.760, 618.765)

     1.  A person who has complied with all the

requirements to be a supervisor, except for the requirements relating to

experience, may apply to the Enforcement Section for permission to be a

probationary supervisor.

     2.  An application made pursuant to

subsection 1 must be made in writing and delivered to the Chief at 400 West

King Street, Suite 200, Carson City, Nevada 89703.

     3.  A person may act as a probationary

supervisor for not more than 4 consecutive months.

     4.  Permission to act as a probationary

supervisor is effective upon notification by the Enforcement Section and is

limited to those situations where a project for the abatement of asbestos must

have other licensed supervisors present to assist the probationary supervisory

in organizing the work site and overseeing the project.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.924  Abatement workers: Prerequisites to obtaining license; fee. (NRS 618.295, 618.760, 618.765, 618.770)  To be

licensed as an abatement worker, an applicant must:

     1.  Be at least 18 years of age;

     2.  Except as otherwise provided in

subsection 3, provide evidence of the successful completion of an initial

training course approved by the EPA for workers;

     3.  If the certificate for the initial

training course required by subsection 2 has expired, provide evidence of

participation in a refresher training course approved by the EPA for workers;

and

     4.  Pay a licensing fee of $25.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.925  Abatement workers: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for

abatement workers must comply with the requirements set forth in Appendix C of

Subpart E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.926  Abatement workers: Location of current license. (NRS 618.295, 618.760, 618.765)  A

licensed abatement worker shall keep his or her current license at the location

at which the licensed abatement worker is performing activities for the

abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.927  Consultants: Licensing requirements; fee. (NRS 618.295, 618.760, 618.765, 618.770)

     1.  A person shall not provide any services

as a consultant within the State without first obtaining a license from the

Division.

     2.  To obtain a license as a consultant:

     (a) An application must be submitted to the

Enforcement Section on a form provided by the Enforcement Section.

     (b) The applicant must pay a license fee of $100.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.928  Consultants: Services which may be provided. (NRS 618.295, 618.760, 618.765)  Services

provided by a consultant include, but are not limited to:

     1.  Performing surveys to determine if

materials containing asbestos are present and to what extent they are present,

and preparing an evaluation report.

     2.  Recommending conceptual methods of

asbestos abatement.

     3.  Preparing specifications for asbestos

abatement.

     4.  Managing or coordinating projects for the

abatement of asbestos on behalf of his or her clients.

     5.  Providing professional technical advice

to contractors regarding the protection of the health of abatement workers and

other persons potentially exposed to asbestos during and after the activities

for the abatement of asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.929  Consultants: Location of current license. (NRS 618.295, 618.760, 618.765)  A

licensed consultant shall keep his or her current license at the location at

which the licensed consultant is providing services as a consultant.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.930  Consultants: Accreditation in particular disciplines. (NRS 618.295, 618.760, 618.765)

     1.  A consultant may be accredited in any of

the following disciplines:

     (a) Inspector.

     (b) Management planner.

     (c) Project designer.

     (d) Monitor.

     2.  A consultant may engage in one or more of

the disciplines set forth in subsection 1, but may not perform tasks included

in a discipline for which the consultant is not accredited.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.9305  Inspectors: Requirements for performance of certain inspections;

exceptions. (NRS

618.295, 618.760, 618.765)

     1.  Except as otherwise provided in

subsection 2, a person who inspects a building or structure for material

containing asbestos or who collects samples of material presumed to contain

asbestos must be an inspector.

     2.  The provisions of this section do not

apply to an inspection:

     (a) Performed by an employee or agent of this

State, the Federal Government or a local government that is performed to

determine compliance with the applicable statutes, codes or regulations.

     (b) Performed to determine the condition of

material that has been identified as material containing asbestos or designated

as material presumed to contain asbestos.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.931  Inspectors: Qualifications for accreditation. (NRS 618.295, 618.760, 618.765)  To

qualify for accreditation as an inspector, a licensed consultant must:

     1.  Provide evidence of 1 year of experience

as an inspector or inspector trainee;

     2.  Provide evidence of the successful

completion of an initial training course approved by the EPA for inspectors

which consists of at least 3 training days; and

     3.  If the certificate for the initial

training course required by subsection 2 has expired, provide evidence of

participation in a refresher training course approved by the EPA for

inspectors.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.932  Inspectors: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for

inspectors must comply with the requirements set forth in Appendix C of Subpart

E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.933  Inspectors: Services that may be provided. (NRS 618.295, 618.760, 618.765)  A

licensed consultant who is accredited as an inspector may:

     1.  Inspect buildings and structures for the

presence of materials containing asbestos.

     2.  Collect bulk samples from materials

suspected of containing asbestos.

     3.  Evaluate the condition of materials

containing asbestos.

     4.  Determine whether materials suspected of

containing asbestos are friable or nonfriable.

     5.  Perform an inspection for the owner of a

building or structure to determine the condition of material that has been

designated as material presumed to contain asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.934  Inspectors: Permission to act as inspector trainee. (NRS 618.295, 618.760, 618.765)

     1.  A person who has complied with all of the

requirements to be an inspector, except for the requirements relating to

experience, may apply to the Enforcement Section for permission to be an

inspector trainee.

     2.  An application made pursuant to

subsection 1 must be made in writing and delivered to the Chief at 400 West

King Street, Suite 200, Carson City, Nevada 89703.

     3.  Permission to act as an inspector trainee

is effective upon notification by the Enforcement Section and is limited to

those situations in which all services provided as an inspector trainee will be

rendered under the direct supervisions of a licensed inspector or management

planner.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.935  Management planners: Qualifications for accreditation. (NRS 618.295, 618.760, 618.765)  To

qualify for accreditation as a management planner, a licensed consultant must:

     1.  Provide evidence:

     (a) Of at least 1 year of experience as a

management planner; or

     (b) Of at least 2 years of experience as a licensed

consultant accredited as an inspector;

     2.  Provide evidence of the successful

completion of an initial training course approved by the EPA for inspectors and

an initial training course approved by the EPA for management planners which

consists of at least 5 training days; and

     3.  If the certificate for either of the

initial training courses required by subsection 2 has expired, provide evidence

of participation in a refresher training course approved by the EPA for

inspectors or a refresher training course approved by the EPA for management

planners, as applicable.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.936  Management planners: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for

management planners must comply with the requirements set forth in Appendix C

of Subpart E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.937  Management planners: Services that may be provided. (NRS 618.295, 618.760, 618.765)  A

licensed consultant who is accredited as a management planner may:

     1.  Use information developed from the

inspection of buildings and structures to assess the potential hazards of

materials containing asbestos.

     2.  Develop abatement response actions,

management plans and operation and maintenance plans.

     3.  Select and recommend abatement actions to

mitigate any health hazards posed by materials containing asbestos located in

buildings and structures.

     4.  Advise clients of the selection and use

of personal protective equipment.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.9375  Project designer: Development of plan for abatement of asbestos. (NRS 618.295, 618.760, 618.765)  A person

who develops a plan for the abatement of asbestos must be a project designer.

     (Added to NAC by Div. of Industrial Relations by R142-98,

eff. 2-28-2000)

      NAC 618.938  Project designers: Qualifications for accreditation. (NRS 618.295, 618.760, 618.765)  To

qualify for accreditation as a project designer, a licensed consultant must:

     1.  Provide evidence:

     (a) Of at least 1 year of experience as a project

designer;

     (b) Of at least 2 years of experience as a monitor

or management planner, or both; or

     (c) Of at least 1 year of experience as a

consultant or supervisor;

     2.  Provide evidence of the successful

completion of an initial training course approved by the EPA for project

designers; and

     3.  If the certificate for the initial

training course required by subsection 2 has expired, provide evidence of

participation in a refresher training course approved by the EPA for project

designers.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.939  Project designers: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

training course, refresher training course and examination for project

designers must comply with the requirements set forth in Appendix C of Subpart

E of 40 C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.940  Project designers: Services that may be provided. (NRS 618.295, 618.760, 618.765)  A

licensed consultant who is accredited as a project designer may:

     1.  Design, prepare and evaluate

specifications for projects for the abatement of asbestos.

     2.  Prepare bidding documents, architectural

drawings and schematic representations of locations of material.

     3.  Determine the method by which asbestos

abatement should be conducted.

     4.  Assess the health hazards associated with

the presence of materials containing asbestos in buildings.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.941  Monitors: Qualifications for accreditation. (NRS 618.295, 618.760, 618.765)  To

qualify for accreditation as a monitor, a licensed consultant must:

     1.  Provide evidence of at least 1 year of

experience as a monitor or monitor trainee;

     2.  Provide evidence of the successful

completion of an initial training course approved by the EPA for contractors

and supervisors; and

     3.  If the certificate for the initial

training course required by subsection 2 has expired, provide evidence of

participation in a refresher training course approved by the EPA for

contractors and supervisors.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.942  Monitors: Training and examination. (NRS 618.295, 618.760, 618.765)  Each

initial training course, refresher training course and examination for monitors

must comply with the requirements set forth in Appendix C of Subpart E of 40

C.F.R. Part 763.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.943  Monitors: Services that may be provided. (NRS 618.295, 618.760, 618.765)  A

licensed consultant who is accredited as a monitor may:

     1.  Oversee abatement projects carried out by

a licensed contractor.

     2.  Collect air samples at abatement

projects, including the collection of clearance air monitoring samples,

monitoring of employees’ exposure and area monitoring.

     3.  Perform the final clearance of completed

abatement projects to determine if the project is complete.

     4.  Observe abatement projects for compliance

with generally accepted standards of the industry and applicable state and

federal regulations.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.944  Monitors: Permission to act as monitor trainee. (NRS 618.295, 618.760, 618.765)

     1.  A person who has complied with all of the

requirements to be a monitor, except the requirement relating to experience,

may apply to the Enforcement Section for permission to be a monitor trainee.

     2.  An application made pursuant to

subsection 1 must be made in writing and delivered to the Chief at 400 West

King Street, Suite 200, Carson City, Nevada 89703.

     3.  Permission to act as a monitor trainee is

effective upon notification by the Enforcement Section and is limited to those

situations in which all services provided as a monitor trainee will be rendered

under the direct supervision of a licensed monitor.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.945  Exemption of licensed supervisors and contractors from licensing

as abatement worker. (NRS 618.295, 618.760, 618.765)  A

licensed supervisor or contractor may perform the duties of an abatement worker

without being licensed as an abatement worker.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.946  Licensing of person who performs project for spot repairs. (NRS 618.295, 618.760, 618.765)  Any

person who performs a project for spot repairs:

     1.  Is not required to be licensed as a

contractor.

     2.  Must be appropriately trained for the

duties to be performed and supervised by a licensed supervisor.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R109-00, 9-6-2001)

      NAC 618.948  Analyses of samples: Accreditation of laboratories; certification

of analyst. (NRS 618.295, 618.760, 618.765)

     1.  A laboratory which analyzes bulk

structural material samples for the presence of asbestos using polarized light

microscopy must be accredited by the National Institute of Standards and

Technology, under the National Voluntary Laboratory Accreditation Program.

     2.  A laboratory which analyzes air samples

from a project for the abatement of asbestos using phase contrast microscopy

must be accredited by the American Industrial Hygiene Association Laboratory

Accreditation Program.

     3.  A laboratory which analyzes air samples

from a project for the abatement of asbestos using transmission electron

microscopy must be accredited by the National Institute of Standards and

Technology, under the National Voluntary Laboratory Accreditation Program.

     4.  Air samples from a project for the

abatement of asbestos which are analyzed by a mobile laboratory using phase

contrast microscopy must be analyzed by a person who is a registered asbestos

analyst certified by the American Industrial Hygiene Association.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

Performance of Activities for Abatement

      NAC 618.950  Applicability of provisions of Code of Federal Regulations. (NRS 618.295, 618.760, 618.765)  Unless

specifically exempted by the provisions of NAC 618.850

to 618.986, inclusive, the provisions of 29 C.F.R.

Part 1910 and 29 C.F.R. Part 1926 apply to all activities for the abatement of

asbestos.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.951  Exemption of certain activities from requirements. (NRS 618.295, 618.760, 618.765)

     1.  Activities for the abatement of asbestos

involving vinyl asbestos tile, exterior asbestos roofing material, exterior

asbestos siding, drywall joint compound and other nonfriable materials

containing asbestos are exempt from the requirements of NAC

618.850 to 618.986, inclusive.

     2.  To remain eligible for the exemption set

forth in subsection 1, the activities must be performed in accordance with 29

C.F.R. § 1910.1001 and 29 C.F.R. § 1926.1101, and practices must be maintained

to ensure that materials containing asbestos are:

     (a) Not sanded, power sawed or drilled;

     (b) Removed in the largest sections practicable and

carefully lowered to the ground;

     (c) Handled carefully to minimize breakage

throughout removal, handling and transportation to an authorized disposal site;

and

     (d) Wetted before removal and during subsequent

handling, to the extent practicable.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.952  Declaratory order regarding nature of activity: Petition;

issuance; appeal. (NRS 618.295, 618.760, 618.765)

     1.  A person may request the Enforcement

Section to determine whether an activity is an activity for the abatement of

asbestos and subject to the requirements of NAC 618.850

to 618.986, inclusive, by requesting the

Enforcement Section to issue a declaratory order.

     2.  Any request for a declaratory order must

be submitted in the form of a written petition and submitted to the Chief at

400 West King Street, Suite 200, Carson City, Nevada 89703. The petition must

describe:

     (a) The material containing asbestos;

     (b) The proposed activity;

     (c) The site at which the activity will be

conducted;

     (d) The nature of the work to be done; and

     (e) The results of any tests conducted on samples

of material to be disturbed or encapsulated.

     3.  The Enforcement Section will issue a

declaratory order in writing not later than 15 days after receiving a written

petition. The order must be signed by the Chief.

     4.  A declaratory order may be appealed to

the Administrator within 15 days after it is issued. An order not appealed

within that time is final.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.953  Records of contractor: Maintenance; availability to Enforcement

Section; retention. (NRS 618.295, 618.760, 618.765)

     1.  Each contractor shall:

     (a) Maintain records of each project for the

abatement of asbestos the contractor performs;

     (b) Make those records available to the Enforcement

Section for inspection, upon request; and

     (c) Retain such records for at least 30 years.

     2.  The following documents must be

maintained at the site of a project for the abatement of asbestos for the

duration of the project and retained by the contractor for the time required by

subsection 1:

     (a) The contract or specifications for the project.

     (b) The plan of the project and the estimated

amount of asbestos involved in the project.

     (c) The scheduled and actual dates for commencing

and completing the project. If the actual date for completing the project

differs from the date originally scheduled, a statement of the reasons for the

difference must be included.

     (d) Documentation of compliance with all regulatory

requirements related to asbestos.

     (e) Copies of all correspondence with regulatory

agencies concerning the project, such as permits for building or demolition or

notices of violations.

     (f) The name and address of the authorized disposal

facility to which the materials containing asbestos were taken, evidence of the

amount of asbestos received for disposal and confirmation that the disposal was

made pursuant to regulations adopted by the State Environmental Commission.

     (g) The method by which samples of the air were

tested during the abatement process, the results of those tests, the name and

license number of the consultant hired to perform the sampling and the name of

the laboratory employed to analyze the testing.

     (h) A complete list of the names of abatement

workers, supervisors and other employees or agents participating in the

project.

     (i) A description of unplanned releases of asbestos

and accidents which occur at the work site.

     (j) A log containing the names of persons who

entered and exited the containment area and the times of their exit and entry.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.954  Project for the abatement of asbestos: Notification of

Enforcement Section; fees. (NRS 618.295, 618.760, 618.765, 618.770)

     1.  A contractor intending to engage in a

project for the abatement of asbestos shall notify the Enforcement Section of

the project on a form provided by the Enforcement Section.

     2.  The completed form must be received by

the Enforcement Section at least 10 days before any on-site work is begun at

the project.

     3.  The form must be accompanied by:

     (a) A fee of $100 for a project which is greater

than a project for spot repairs, but less than 260 linear feet or 160 square

feet.

     (b) A fee of $400 for a project which is greater than

260 linear feet or 160 square feet, but less than 2,600 linear feet or 1,600

square feet.

     (c) A fee of $1,000 for a project which is greater

than 2,600 linear feet or 1,600 square feet.

     4.  The owner of a building or structure will

not be required to pay notification fees totaling more than $2,000 in any

calendar year.

     5.  A form is not complete until the

appropriate fee is received by the Enforcement Section. If an owner of a

building or structure engages in any additional projects for the abatement of

asbestos after paying a combined total of $2,000 in fees in any calendar year

pursuant to this section, no additional fee is required for that additional

project.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.955  Emergency asbestos project: Notification of Enforcement Section. (NRS 618.295, 618.760, 618.765)  A

contractor who engages in an emergency asbestos project shall:

     1.  Notify the Enforcement Section of the

project by telephone at (775) 687-5240, within 24 hours after the commencement

of the project; and

     2.  Give written notification of the project

to the Enforcement Section, postmarked not later than 48 hours after the

commencement of the project.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.956  Project for the abatement of asbestos: Final clearance. (NRS 618.295, 618.760, 618.765)

     1.  Before an area of a structure or building

where a project for the abatement of asbestos was performed is allowed to be

reoccupied, the contractor shall obtain final clearance from a monitor. The

monitor may not be an employee of the contractor or the owner of the building

or structure, unless a variance is granted by the Division.

     2.  After all the materials containing

asbestos have been removed and the work area has been washed and vacuumed using

a vacuum with high efficiency particulate air filtration, the work area must

be:

     (a) Inspected by the monitor for visible residue;

     (b) Recleaned where necessary; and

     (c) Allowed to dry completely.

     3.  Before issuing a final clearance, the

monitor shall conduct final clearance tests by collecting where feasible:

     (a) Air samples using aggressive sampling

techniques; and

     (b) Five air monitoring samples from each

containment area. The minimum air sample volume must be 1,200 liters sampled at

a maximum flow rate of 10 liters per minute.

     4.  The average concentration of airborne

asbestos fiber in all final clearance tests must be equal to or below 0.01

fibers per cubic centimeter of air. The samples must be analyzed using the

method set forth in Appendices A and B of 29 C.F.R. § 1926.1101, Appendix A of

Subpart E of 40 C.F.R. Part 763 or Method No. 7400, entitled “Asbestos and

Other Fibers by PCM.” These results are required on all samples taken before

the containment barrier and exhaust air filtration system are removed. If those

results are not obtained, the area must be rewashed and allowed to dry and

samples must be taken again.

     5.  The monitor shall determine whether the

requirements set forth in this section for final clearance tests are feasible

for the work area. If the monitor determines that they are not and uses an

alternate method for monitoring the air, he or she shall describe the rationale

for using that method in the final clearance documents.

     6.  After the monitor has made the

determination that the requirements of this section have been satisfied and the

area is safe from any asbestos hazard, he or she shall direct the contractor to

apply a lock down agent to all surfaces where material containing asbestos was

removed, unless a variance is granted by the Division. After the agent is

applied, the monitor shall prepare the final clearance documentation and the

remaining equipment and containment barrier may be removed.

     7.  The monitor shall deliver the final

clearance documentation to the owner of the building or structure, and deliver

a copy of all reports and documents, including the final clearance, to the

contractor and, if requested by the Enforcement Section, to the Enforcement

Section.

     8.  The monitor may determine the accuracy of

a phase contrast microscopy final clearance sample that is more than 0.01

fibers per cubic centimeter of air by reanalyzing the sample by transmission

electron microscopy by using Method No. 7402, entitled “Asbestos by TEM-7402”

adopted by reference in NAC 618.906.

     9.  The monitor shall ensure that the area of

a structure or building where a project for the abatement of asbestos was

performed is safe to be reoccupied.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.958  Project for spot repairs. (NRS 618.295, 618.760, 618.765)  A

project for spot repairs must be performed in accordance with the requirements

set forth in 29 C.F.R. § 1926.1101.

     (Added to NAC by Dep’t of

Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations

by R142-98, 2-28-2000)

      NAC 618.960  Demolition of building or structure. (NRS 618.295, 618.760, 618.765)

     1.  Before a building or structure which

contains friable materials containing asbestos may be demolished, the asbestos

must be removed pursuant to the requirements set forth in 29 C.F.R. § 1926.1101

and NAC 618.9155.

     2.  Before a building or structure may be

demolished, a licensed inspector must visually inspect the building or

structure to determine whether the friable material containing asbestos has

been removed. The inspector shall provide written proof of his or her findings

to the contractor responsible for demolition and the owner of the building or

structure.

     3.  Air monitoring for a final clearance

pursuant to NAC 618.956 is not required before the

demolition of a structure unless the area is to be entered by unprotected

personnel before demolition or reoccupied after partial demolition.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.961  Material

presumed to contain asbestos. (NRS 618.295, 618.760, 618.765)  Surfacing

material, flooring material or thermal system insulation in a building shall be

deemed material presumed to contain asbestos unless the presumption is rebutted

by a licensed inspector in accordance with the provisions of 29 C.F.R. §

1910.1001(j)(8) or 29 C.F.R. § 1926.1101(k)(5). Before the commencement of a

renovation project that will disturb material presumed to contain asbestos, the

material must be removed in accordance with the provisions of 29 C.F.R. §

1926.1101 and NAC 618.9155.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

Disciplinary Action

      NAC 618.970  Penalties for violation of provisions; action against jointly

responsible licensees. (NRS 618.295, 618.760, 618.765)

     1.  If the Enforcement Section determines

that a licensee, other than an abatement worker, has violated any of the

provisions of NAC 618.850 to 618.986,

inclusive, or any of the provisions of NRS 618.780, 618.790, 618.820 or 618.825, the Enforcement Section

may:

     (a) For a first violation, impose an administrative

fine of not more than $15,000.

     (b) For a second or subsequent violation:

          (1) Impose an administrative fine of not more

than $25,000;

          (2) Revoke the license of the licensee; and

          (3) Require the licensee to fulfill certain

training or educational requirements in order to have the license reinstated.

     2.  The Enforcement Section may take

disciplinary action against any licensee at a project for the abatement of

asbestos who is jointly responsible for any single violation.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.971  Licensee presumed to have knowledge of actions of employees;

rebuttal of presumption. (NRS 618.295, 618.760, 618.765)  A

licensee is presumed to have knowledge of any action taken by an employee or

the employee of any subcontractor at a project for the abatement of asbestos,

unless the licensee demonstrates:

     1.  The intentional misconduct of the

employee;

     2.  That the particular conduct is prohibited

by the licensee’s internal safety or work rules and procedures;

     3.  That the employee had knowledge of the

particular internal safety or works rules and procedures; and

     4.  That upon

receiving knowledge of the misconduct, the licensee took progressive

disciplinary action against the employee pursuant to the licensee’s internal

safety or work rules.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.972  Imposition of administrative fine: Notification of licensee. (NRS 618.295, 618.760, 618.765)  If the

Enforcement Section intends to impose an administrative fine pursuant to NAC 618.970, the Enforcement Section will notify the

licensee of its intention by:

     1.  Delivering a notice of violation to the

licensee by certified mail at the address indicated on his or her application

for a license;

     2.  Enclosing with the notice of violation:

     (a) A statement indicating the Enforcement

Section’s legal authority and jurisdiction to issue an administrative fine; and

     (b) A statement of the reasons for the proposed

action, including a citation of the applicable regulations supporting the

action and the proposed administrative fine; and

     3.  Stating the effective date of the

imposition of the proposed administrative fine upon failure to contest, the

procedures for bringing a contest and the procedures for an appeal.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.973  Imposition of administrative fine: Appeal to Chief. (NRS 618.295, 618.760, 618.765)

     1.  A licensee

may appeal the imposition of an administrative fine by filing a contest with

the Chief within 30 days after the receipt of the notice of violation.

     2.  Any contest filed pursuant to this

section stays the imposition of the administrative fine.

     3.  A contest made pursuant to this section

must be made in writing and describe in particular the matters to be contested.

The contest must be accompanied by:

     (a) Any documents applicable to the contest;

     (b) Any samples relevant to the contest;

     (c) The names of any witnesses who may be called at

the hearing; and

     (d) The expected time needed to present the

contest.

Ê If any person

alleges that the Division does not have the jurisdiction or legal authority to

act with regard to the imposition of an administrative fine, it must be

indicated in the contest documents.

     4.  The Chief shall set a date for hearing

within 30 days after the receipt of any written contest. A licensee may request

that the hearing be held on an earlier date by submitting a written request to

the Chief. The request must show that the licensee will suffer a substantial

hardship if the date of the hearing is not changed and offer a proposed date

for hearing. The licensee has the burden of establishing a substantial

hardship.

     5.  The Chief

shall hear all contests made pursuant to this section and give all parties

thereto notice of the hearing and a fair opportunity to participate at the

hearing. The Chief shall issue his or her decision within a reasonable time

after the conclusion of the hearing.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.974  Imposition of administrative fine: Review of Chief’s decision. (NRS 618.295, 618.760, 618.765)

     1.  Any

decision of the Chief rendered pursuant to NAC 618.973

may be appealed to the Administrator within 30 days after the issuance of the

Chief’s decision. A decision not appealed to the Administrator within 30 days

becomes final.

     2.  Any review of the Chief’s decision must

be summary in nature, limited to the record, and without hearing, unless a

request for a hearing is granted by the Administrator. If the Administrator

grants a request for a hearing, the hearing must be confined to the issues

raised and facts asserted during the hearing before the Chief. A hearing may be

granted only to consider new evidence.

     3.  The Administrator may affirm, reverse or

modify the decision of the Chief or remand the matter to the Chief for further

consideration.

     4.  The

decision of the Administrator is a final decision for the purposes of judicial

review.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.975  Suspension, modification or revocation of license: Grounds. (NRS 618.295, 618.760, 618.765)

     1.  The

Enforcement Section may suspend, modify or revoke any license issued pursuant

to NAC 618.850 to 618.986,

inclusive, if it finds that for any reasons the protection of the public health

requires such action.

     2.  For the

purposes of this section, the violation of any federal or state law or

regulation governing activities for the abatement of asbestos constitutes a

danger to the public health requiring immediate action.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.976  Suspension, modification or revocation of license: Notification

of licensee. (NRS

618.295, 618.760, 618.765, 618.840)  If the

Enforcement Section intends to suspend, modify or revoke a license issued

pursuant to NAC 618.850 to 618.986,

inclusive, the Enforcement Section will notify the licensee of the suspension,

modification or revocation by:

     1.  Delivering a notice of suspension,

modification or revocation to the licensee by certified mail at the address

indicated on the licensee’s application for a license;

     2.  Enclosing with the notice of suspension,

modification or revocation:

     (a) A statement indicating the Division’s legal

authority and jurisdiction to issue the suspension, modification or revocation;

and

     (b) A statement of the reasons for the proposed

action, including a citation of the applicable regulations supporting the

action; and

     3.  Stating

the effective date of the suspension, modification or revocation, the

procedures for bringing a contest and the procedures for an appeal.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.977  Suspension, modification or revocation of license: Appeal to

Chief. (NRS

618.295, 618.760, 618.765)

     1.  A licensee may appeal the suspension,

modification or revocation of his or her license by filing a contest with the

Chief within 15 days after the effective date of the suspension, modification

or revocation.

     2.  Any contest filed pursuant to this

section does not stay the suspension, modification or revocation. A stay may be

requested from the Chief, but will not be granted if the licensee constitutes

an immediate threat to the public health. The licensee has the burden of

showing that there is not a threat to the public health if a stay is granted.

     3.  A contest filed pursuant to this section

must be made in writing and describe in particular the matters to be contested.

The contest must be accompanied by:

     (a) Any documents applicable to the contest;

     (b) Any samples relevant to the contest;

     (c) The names of any witnesses who may be called at

the hearing; and

     (d) The expected time needed to present the

contest.

Ê If any person

alleges that the Division does not have the jurisdiction or legal authority to

act with regard to any suspension, modification or revocation, it must be

indicated in the contest documents.

     4.  The Chief shall set a date for hearing

within 30 days after the receipt of any written contest. A licensee may request

that the hearing be held on an earlier date by submitting a written request to

the Chief. The request must show that the licensee will suffer a substantial

hardship if the date of the hearing is not changed and offer a proposed date

for hearing. The licensee has the burden of establishing a substantial hardship.

     5.  The Chief shall hear all contests filed

pursuant to this section and give all parties thereto notice of the hearing and

a fair opportunity to participate at the hearing. The Chief shall issue his or

her decision within a reasonable time after the conclusion of the hearing.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.978  Suspension, modification or revocation of license: Review of

Chief’s decision. (NRS 618.295, 618.760, 618.765)

     1.  Any

decision of the Chief rendered pursuant to NAC 618.977

may be appealed to the Administrator within 30 days after the issuance of the

Chief’s decision. A decision not appealed to the Administrator within 30 days

becomes final.

     2.  Any review of the Chief’s decision must

be summary in nature, limited to the record, and without hearing, unless a

request for a hearing is granted by the Administrator. If the Administrator

grants a request for a hearing, the hearing must be confined to the issues

raised and facts asserted during the hearing before the Chief. A hearing may be

granted only to consider new evidence.

     3.  The Administrator may affirm, reverse or

modify the decision of the Chief or remand the matter to the Chief for further

consideration.

     4.  The

decision of the Administrator is a final decision for the purposes of judicial

review.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.979  Summary suspension of license: Grounds. (NRS 618.295, 618.760, 618.765)

     1.  The

Enforcement Section may summarily suspend any license issued pursuant to NAC 618.850 to 618.986,

inclusive, if it finds that for any reasons the protection of the public health

requires such action.

     2.  For the

purposes of this section, the violation of any federal or state law or

regulation governing activities for the abatement of asbestos constitutes a

danger to the public health requiring immediate action.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.980  Summary suspension of license: Notification of licensee. (NRS 618.295, 618.760, 618.765)

     1.  If the Enforcement Section intends to

summarily suspend a license issued pursuant to NAC

618.850 to 618.986, inclusive, the Enforcement

Section will notify the licensee of the summary suspension by:

     (a) Delivering a notice of the summary suspension

to the licensee by certified mail at the address indicated on the licensee’s

application for a license; and

     (b) Enclosing with the notice of summary

suspension:

          (1) A statement indicating the Division’s

legal authority and jurisdiction to issue the summary suspension; and

          (2) A statement of the reasons for the

proposed action, including a citation of the applicable regulations supporting

the action or the effect on the public health necessitating the action, or

both.

     2.  The notice of the summary suspension

must:

     (a) State the effective date of the summary

suspension;

     (b) Inform the licensee that he or she is entitled

to contest the summary suspension; and

     (c) State that the Enforcement Section will hold a

hearing within 10 days after the receipt of any contest.

     3.  Upon the receipt of a notice of summary

suspension, the licensee shall immediately cease all operations which are the

subject of the suspension and remove all employees from the abatement area.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90; A by Div. of Industrial Relations by R142-98, 2-28-2000)

      NAC 618.981  Summary suspension of license: Appeal to Chief. (NRS 618.295, 618.760, 618.765, 618.840)

     1.  A licensee may appeal a summary

suspension by filing a contest with the Chief within 15 days after the issuance

of the summary suspension.

     2.  Any contest filed pursuant to this

section does not stay the summary suspension.

     3.  A contest filed pursuant to this section

must be made in writing and describe in particular the matters to be contested.

The contest must be accompanied by:

     (a) Any documents applicable to the contest;

     (b) Any samples relevant to the contest;

     (c) The names of any witnesses who may be called at

the hearing; and

     (d) The expected time needed to present the

contest.

Ê If any person

alleges that the Division does not have the jurisdiction or legal authority to

act with regard to any summary suspension, it must be indicated in the contest

documents.

     4.  The Chief shall set a date for hearing

within 10 days after the receipt of any written contest.

     5.  The Chief shall hear all contests filed

pursuant to this section and issue his or her decision within 10 days after the

conclusion of the hearing.

     (Added to NAC by Dep’t of Industrial Relations, 12-19-89,

eff. 1-1-90)

      NAC 618.982  Summary suspension of license: Review of Chief’s decision. (NRS 618.295, 618.760, 618.765)

     1.  Any

decision of the Chief rendered pursuant to NAC 618.981

may be appealed to the Administrator within 30 days after the issuance of the

Chief’s decision.

     2.  Any review of the Chief’s decision must

be summary in nature, limited to the record, and without hearing, unless a

request for a hearing is granted by the Administrator. If the Administrator grants

a request for a hearing, the hearing must be confined to the issues raised and

facts asserted during the hearing before the Chief. A hearing may be granted

only to consider new evidence.

     3.  The Administrator may affirm, reverse or

modify the decision of the Chief or remand the matter to the Chief for further

consideration. If the matter is remanded, the Chief shall set a date for a new

hearing within 10 days.

     4.  The

decision of the Administrator is a final decision for the purposes of judicial

review.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.983  Summary suspension of license: Permanency of suspension. (NRS 618.295, 618.760, 618.765)  A

summary suspension becomes a permanent suspension if the licensee:

     1.  Does not

contest the summary suspension; or

     2.  Fails to appeal

the decision of the Chief or the Administrator pursuant to the provisions of NAC 618.850 to 618.986,

inclusive, or the provisions of chapter

233B of NRS governing judicial review.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

      NAC 618.984  Summary suspension of license: Modification and revocation of

suspension. (NRS 618.295, 618.760, 618.765)  A

summary suspension may be modified or revoked upon written notice to the

licensee given pursuant to the provisions of NAC 618.972.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.985  Summary suspension of license: Withdrawal. (NRS 618.295, 618.760, 618.765)  The

Chief or the Administrator may withdraw a summary suspension upon giving

written notice to the licensee.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90)

      NAC 618.986  Certain powers of Administrator not affected by provisions. (NRS 618.295, 618.760, 618.765)  The

provisions of NAC 618.970 to 618.985,

inclusive, do not prohibit or limit the powers of the Administrator to post an

emergency order pursuant to NRS

618.545 and to restrain immediately any condition or practice at any

location where an activity for the abatement of asbestos is being conducted if

the license of a licensee is not otherwise affected.

     (Added to NAC by Dep’t

of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial

Relations by R142-98, 2-28-2000)

MANDATORY OSHA-10 AND OSHA-30 TRAINING

      NAC 618.990  Definitions. (NRS 618.295, 618.973)  As used

in NAC 618.990 to 618.9927,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 618.9902 to 618.9912,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9902  “Approved OSHA-10 continuing education course” defined. (NRS 618.295, 618.973, 618.977)  “Approved

OSHA-10 continuing education course” means a 5-hour training course, offered to

a person, that meets or exceeds one-half of the time, pro rata, of the

guidelines issued by the Occupational Safety and Health Administration of the

United States Department of Labor as they relate to the subject matter of

OSHA-10 training courses, including, without limitation, federal safety and

health regulatory requirements specific to the industry in which the employer

of the person participates.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9904  “Approved OSHA-10 course” defined. (NRS 618.295, 618.973, 618.977)  “Approved

OSHA-10 course” means a 10-hour course that is deemed approved by the Division

pursuant to NAC 618.992.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9906  “Approved OSHA-30 continuing education course” defined. (NRS 618.295, 618.973, 618.977)  “Approved

OSHA-30 continuing education course” means a 15-hour training course, offered

to a person, that meets or exceeds one-half of the time, pro rata, of the

guidelines issued by the Occupational Safety and Health Administration of the

United States Department of Labor as they relate to the subject matter of

OSHA-30 training courses, including, without limitation, federal safety and

health regulatory requirements specific to the industry in which the employer

of the person participates.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9908  “Approved OSHA-30 course” defined. (NRS 618.295, 618.973, 618.977)  “Approved

OSHA-30 course” means a 30-hour course that is deemed approved by the Division

pursuant to NAC 618.992.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.991  “Qualified continuing education course instructor” defined. (NRS 618.295, 618.973, 618.977)  “Qualified

continuing education course instructor” means a person who possesses

credentials in the field of safety that the Administrator determines to be

adequate, pursuant to subsection 2 of NAC 618.9927,

to prepare the person to provide:

     1.  An approved OSHA-10 continuing education

course; and

     2.  An approved OSHA-30 continuing education

course.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9912  “Valid completion card” defined.

(NRS 618.295, 618.973, 618.977)  “Valid

completion card” means an unexpired completion card issued to a person for:

     1.  An approved OSHA-10 course; or

     2.  An approved OSHA-30 course.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9914  “Person who actually performs physical work at a construction

site that results in the construction, alteration or destruction involved in

the construction project, including, without limitation, painting and

decorating,” “construction worker” and “components of the property”

interpreted. (NRS

618.295, 618.973)  For the

purposes of NRS 618.950 to 618.990, inclusive, and NAC 618.990 to 618.9927,

inclusive:

     1.  The phrase “person who actually performs

physical work at a construction site that results in the construction,

alteration or destruction involved in the construction project, including,

without limitation, painting and decorating” from subsection 1 of NRS 618.957 is interpreted by the

Division to mean a person who physically alters, adds to, subtracts from,

improves, moves, wrecks or demolishes any building, highway, road, railroad,

excavation or other structure, project, development or improvement, or does any

part thereof, including the erection of scaffolding or other structures or

works in connection therewith, at a construction site for the construction

project.

     2.  The term “construction worker” does not

include the following persons unless the persons are included within NRS 618.957 as interpreted by

subsection 1:

     (a) Any person engaged solely in architectural,

building inspection, delivery, clerical, engineering, surveying or material

testing work on a construction site;

     (b) Any person engaged solely in administrative

work on a construction site unless that person is a supervisory employee as

defined NRS 618.967; or

     (c) Any person who performs work on a construction

site solely in his or her capacity as a public utility employee operating

pursuant to safety regulations of the Public Utilities Commission of Nevada or

29 C.F.R. § 1910.

     3.  The phrase “components of the property”

from subsection 2 of NRS 618.957

includes, without limitation, utility equipment.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9917  Requirements for language and format of all courses. (NRS 618.295, 618.973, 618.977)  All

courses described in NAC 618.990 to 618.9927, inclusive, must be conducted and made

available in a language and format that is understandable to each employee.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.992  Criteria for approved courses. (NRS 618.295, 618.973, 618.977)

     1.  An OSHA-10 course, offered to a person,

that meets or exceeds the guidelines issued by the Occupational Safety and

Health Administration of the United States Department of Labor as they relate

to the subject matter of OSHA-10 training courses, including, without

limitation, federal safety and health regulatory requirements specific to the

industry in which the employer of the person participates, shall be deemed by

the Division to be an approved OSHA-10 course.

     2.  An OSHA-30 course, offered to a person,

that meets or exceeds the guidelines issued by the Occupational Safety and

Health Administration of the United States Department of Labor as they relate

to the subject matter of OSHA-30 training courses, including, without

limitation, federal safety and health regulatory requirements specific to the

industry in which the employer of the person participates, shall be deemed by

the Division to be an approved OSHA-30 course.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9923  Renewal of valid completion card.

(NRS 618.295, 618.973, 618.977)

     1.  An employee may renew a valid completion

card for an OSHA-10 course by completing an approved OSHA-10 course or approved

OSHA-10 continuing education course before the expiration of the valid

completion card. An employee who has renewed a valid completion card for an

OSHA-10 course must provide his or her employer with the valid completion card

and written proof of completion of an approved OSHA-10 course or approved

OSHA-10 continuing education course.

     2.  An employee may renew a valid completion

card for an OSHA-30 course by completing an approved OSHA-30 course or approved

OSHA-30 continuing education course before the expiration of the valid

completion card. An employee who has renewed a valid completion card for an

OSHA-30 course must provide his or her employer with the valid completion card

and written proof of completion of an approved OSHA-30 course or approved

OSHA-30 continuing education course.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9925  Requirements for continuing education courses provided by

employer. (NRS

618.295, 618.973, 618.977, § 15 of ch. 432,

Stats. 2009)

     1.  If an employer provides to an employee an

approved OSHA-10 continuing education course or an approved OSHA-30 continuing

education course, the employer shall:

     (a) Provide to the employee written proof of

completion of the course;

     (b) On request, provide to the Division written

proof of completion of the course; and

     (c) Retain a copy of the written proof of

completion of the course for at least 5 years.

     2.  An employer may provide an approved

OSHA-10 continuing education course or an approved OSHA-30 continuing education

course online if the course is developed by, or with the assistance of, a

qualified continuing education course instructor.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)

      NAC 618.9927  Persons who may provide continuing education courses. (NRS 618.295, 618.973, 618.977)

     1.  No person other than a trainer, as

defined in subsection 3 of NRS

618.980, or a qualified continuing education course instructor may provide

an OSHA-10 continuing education course or an OSHA-30 continuing education

course.

     2.  The Administrator may determine that a

person may act as a qualified continuing education course instructor if the

person, without limitation:

     (a) Is authorized by the Occupational Safety and

Health Administration of the United States Department of Labor as a trainer,

including, without limitation, if the person has completed OSHA 500, the

Trainer Course for the Construction Industry;

     (b) Has 3 years of experience in overseeing matters

of occupational safety and health in the field of construction; or

     (c) Has 2 years of experience in overseeing matters

of occupational safety and health in the field of construction and has:

          (1) A college degree in occupational safety

and health; and

          (2) Been designated as:

               (I) A certified safety professional; or

               (II) A certified industrial hygienist.

     (Added to NAC by Div. of Industrial Relations by R141-09,

4-20-2010, eff. 4-28-2010)
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