Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

SB 119 — Requires certain health and safety training for workers and supervisors performing certain work at sites where exhibitions, conventions or trade shows occur. (BDR 53-570)

Last action — Approved by the Governor. Chapter 92.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Prognosis

Advancing 60% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to occupational safety; requiring certain workers performing work at sites where certain exhibitions, conventions or trade shows occur to receive certain health and safety training; providing administrative penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

307 added · 331 removed

307 line(s) added, 331 removed.

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(Reprinted with amendments adopted on April 8, 2019) FIRST REPRINT S.B.
Senate Bill No.
119 SENATE BILLN O .
119–Senators Cancela, Parks, Cannizzaro and Spearman Joint Sponsor:
119–SENATORS CANCELA , ARKS , C ANNIZZARO AND SPEARMAN PREFILED JANUARY 28, 2019 ____________ JOINT SPONSOR :
Assemblywoman Martinez CHAPTER..........
ASSEMBLYWOMAN M ARTINEZ ____________ Referred to Committee on Commerce and Labor SUMMARY—Requires certain health and safety training for workers and supervisors performing certain work at sites where exhibitions, conventions or trade shows occur.
(BDR 53-570) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and (2) certain other workers working at such a site to complete a bill defines “worker” to include only those persons whose primary occupation is tois perform convention services work at such a site, which includes certain work related to the construction, installation, maintenance, operation, repair or removal of trade show or exhibition displays.
and (2) certain other workers working at such a site to complete a specified 10-hour course not later than 15 days after being hired.
Section 8 of this bill provides that the requirements in this bill do not apply to a person who is a volunteer or other person who is not paid to work at such a site.
Section 7 of this bill defines “worker” to include only those persons whose primary occupation is to perform convention services work at such a site, which includes certain work of trade show or exhibition displays.
Department of Business and Industry to adopt regulations approving courses which - *SB119_R1* – 2 – may be used to fulfill the requirements of section 11.
Section 8 of this bill provides that theemoval requirements in this bill do not apply to a person who is a volunteer or other person who is not paid to work at such a site.
Section 10 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United course is being provided.r to provide such a course at the location at which the Section 12 of this bill requires employers to suspend or terminate the employment of an employee at an applicable site who fails to provide proof of obtaining the required training not later than 15 days after being hired.
Section 9 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to adopt regulations approving courses which may be used to fulfill the requirements of section 11.
Section 13 of this bill provides for administrative fines for employers who fail to suspend or have not obtained the required training.ter the 15-day period if those employees Section 16 of this bill:
Section 10 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the courSection 12 of this bill requires employers to suspend or terminate the employment of an employee at an applicable site who fails to provide proof of obtaining the required training not later than 15 days after being hired.
Section 13 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a site after the 15-day period if those employees have not obtained the required training.
Section 16 of this bill:
(2) requires an employee that satisfies the requirements of section 11 by completing an alternative course to take an approved course by January 1, 2021;
(2) requires an employee that satisfies the requirements of section 11 by completing an an employer to maintain and make available to the Division of Industrial Relations a record of all employees that have completed an alternative course until a date to be established by the Division by regulation.
and (3) requires a record of all employees that have completed an alternative course until a date to be established by the Division by regulation.
- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“OSHA-10 course” means a 10-hour course in construction industry or general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.
“OSHA-10 course” means a 10-hour course in construction industry or general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of LabSec.
Sec.
“Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their - *SB119_R1* – 3 – grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
“Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
Except as otherwise provided in this subsection, “worker” means a person whose primary occupation is to perform convention services work at a site.
Except as otherwise provided in this subsection, “worker” means a person whose primary occupation is to perform person whose primary occupation is to:e term does not include a (a) Perform catering;
The term does not include a person whose primary occupation is to:
(a) Perform catering;
(c) Perform photography;
- 80th Session (2019) – 3 – (c) Perform photography;
As used in this section, “convention services work” includes, without limitation:
As used in this section, “convention services work” inc(a) Constructing,mitinstalling, maintaining, operating or removing trade show or exhibition displays;
(a) Constructing, installing, maintaining, operating or removing trade show or exhibition displays;
No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.
No person other than a trainer may provide an OSHA-10 cou3.e As used in this section:
3.
(a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course in OSHA Standards for the Construction Industry or OSHA 501, the Trainer Course in OSHA Standards for General Industry.
As used in this section:
(a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without - *SB119_R1* – 4 – limitation, a person who has completed OSHA 500, the Trainer Course in OSHA Standards for the Construction Industry or OSHA 501, the Trainer Course in OSHA Standards for General Industry.
Sec.
- 80th Session (2019) – 4 – Sec.
(a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act;
(a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pur(b) Complete an OSHA-10 alternative course which is offered by his or her employer.
or (b) Complete an OSHA-10 alternative course which is offered by his or her employer.
or (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.
or (2) For a completion card issued for an OSHA-30 course, not4.esAs used in this section:
4.
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United Sates Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
As used in this section:
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(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United Sates Department of Labor for an OSHA-10 course, including, without limitation, federal safety and - *SB119_R1* – 5 – health regulatory requirements specific to the industry in which the employer participates.
Sec.
- 80th Session (2019) – 5 – fails to:2.
12.
If a worker other than a supervisory employee fails to:
If a worker other than a supervisory employee (a) Present his or her employer with a current and valid completion card for an OSHA-10 course;
(a) Present his or her employer with a current and valid completion card for an OSHA-10 course;
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
(a) “OSHA-10 alternative course” means a 10-hour course guidelines issued by the Occupational Safety and Healthxceeds the Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
(a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $500.
this chapter, impose upon the employer an administrative fine ofder not more than $500.
- *SB119_R1* – 6 – (b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.
(b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.
2.
- 80th Session (2019) – 6 – 2.
Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.
Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the including, without limitation, the procedures set forth in NRSation, 618.475 for notice to the employer and an opportunity for the employer to contest the violation.
Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:
Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years;
(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years;
or (b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section of this act in an amount of:
or (b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 9 of this act in an amount of:
- *SB119_R1* – 7 – [4.
[4.
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and - 80th Session (2019) – 7 – Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
or (b) Complete an OSHA-10 alternative course offered by his or her employer, ] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.
or his or her employer,SHA-10 alternative course offered by ] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.
(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of federal safety and health regulatory requirements specific to the industry in which the employer participates.
(b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, - *SB119_R1* – 8 – federal safety and health regulatory requirements specific to the industry in which the employer participates.] Sec.
(b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.] - 80th Session (2019) – 8 – Sec.
Not later than January 1, 2021, a worker or supervisory employee who satisfies the requirements of subsection 1 or 2 of section 11 of this act by completing an OSHA-10 alternative course or OSHA-30 alternative course, as defined in section 11 of this act, must complete an OSHA-10 course or OSHA-30 course, as defined in sections 3 and 4 of this act, as applicable, in order to continue to satisfy the requirements of subsection 1 or 2 of section 11 of this act.
Not later than January 1, 2021, a worker or supervisory employee who satisfies the requirements of subsection 1 or 2 of section 11 of this act by completing an OSHA-10 alternative course or OSHA-30 alternative course, as defined in section 11 of defined in sections 3 and 4 of this act, as applicable, in order to continue to satisfy the requirements of subsection 1 or 2 of section of this act.
An employer shall maintain a record of all workers and alternative course or OSHA-30 alternative course offered by the employer and the date upon which the worker or employee completed the course.
An employer shall maintain a record of all workers and supervisory employees who have completed an OSHA-10 alternative course or OSHA-30 alternative course offered by the employer and the date upon which the worker or employee completed the course.
This section and sections 1 to 13, inclusive, and 16 of this act become effective on January 1, 2020.
This section and sections 1 to 13, inclusive, and of this act become effective on January 1, 2020.
H - *SB119_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 92.

  2. In Senate. To enrollment. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  4. Read second time.

  5. From committee: Do pass.

  6. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  8. Read second time. Amended. (Amend. No. 59.) To printer.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Commerce and Labor. To printer.

Sponsors

  • Senator Yvanna Cancela · Primary
  • Senator David Parks · Primary
  • Assemblywoman Susie Martinez · Primary
  • Nicole J. Cannizzaro · Primary
  • Pat Spearman · Primary

Sponsorship breakdown

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5 sponsors · 0 co-sponsors · 62 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (62)

62 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

What does SB 119 do?
AN ACT relating to occupational safety; requiring certain workers performing work at sites where certain exhibitions, conventions or trade shows occur to receive certain health and safety training; providing administrative penalties; and providing other matters properly relating thereto.
Who sponsors SB 119?
SB 119 is sponsored by Senator Yvanna Cancela, Senator David Parks, Assemblywoman Susie Martinez, Cannizzaro, Nicole J. (Democratic), and Pat Spearman.
What is the current status of SB 119?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track SB 119?
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