SB 40 — Revises provisions governing penalties for violating occupational safety laws. (BDR 53-222)

(ReprintedSenate withBill amendmentsNo. adopted on April 15, 2019) FIRST REPRINT S.B.

4040–Committee SENATEon BILLCommerce Nand O.Labor CHAPTER..........

40–COMMITTEE ON COMMERCE AND LABOR (O NB EHALF OF THE DIVISION OF NDUSTRIAL RELATIONS OF THE D EPARTMENT OF BUSINESS AND INDUSTRY ) PREFILED N OVEMBER 19, 2018 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing penalties for violating occupational safety laws.

(BDR 53-222) 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.

Existing law provides that an employer has 15 working days within which to notify the Division of Industrial Relations of the Department of Business and assessmentIndustry ofthat athe penaltyemployer bywishes theto Divisioncontest afterthe anissuance inspection of a workplacecitation or ansedproposed investigationassessment of ana imminentpenalty dangerby orthe suspectedDivision violationafter an inspection of certaina safetyworkplace or an health standards.

Existing law authorizes the Division to assess against an employer administrative fines in monetary amounts established in statute for violations of providescertain thatoccupational thesafety monetary amounts of those administrative fines may not behis bill greater than the monetary amounts set forth for those violations in the federal Occupational Safety and Healthhealth Act,laws. 29 U.S.C.

§(NRS 666,618.625) includingSection any1.5 adjustmentsof tothis -bill *SB40_R1*provides –that 2the –monetary amounts of those administrative fines may not be greater than the monetary amounts set forth for those violations in the federal the monetary amounts in that Act which are made pursuant to the Federal CivilCivils to Penalties Inflation Adjustment Act Improvements Act of 2015, Pub.

(1) authorizes the Division to assess against an employer an administrative fine of not more than $70,000, but not less than $5,000, for each willful or repeated violation of the requirements of chapter 618 of NRS or standard, rule, regulation or order promulgated or prescribed pursuant to that chapter;

(2) requires the Division to assess an administrative fine of not more than $7,000 for each serious violation and authorizes the Division to assess an administrative fine of not more than $7,000 for each nonserious violation;

(3) authorizes the DivisionDivisione to assess an administrative fine of not more than $7,000 for each day during which an employer’s failure to correct a cited violation continues;

(NRS 618.635, 618.645, 618.655, 618.675) Sections 2-5 of this bill revise these provisionsmonetary toamounts provideauthorized thatpursuant thoseto administrativesection fines1.5.s may not be greater than the monetary- amounts80th authorizedSession pursuant(2019) to– section2 1.5.– EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

If, within [15 working] 30 calendar days from the receipt of the notice issued by the Division, the employer fails to notify the Division that the employer intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under thisthisice chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency.

- *SB40_R1* – 3 – 3.

Any employee or the representative of the employee alleging that the time fixed in the citation for the abatement of a violation by his or her employer is unreasonable may, within [15 working] 30 calendar days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearinghea4.ng beforeIf no appeal is filed by an employee or the representative of the employee under subsection 3 within the time limit of [15 working] 30 calendar days, the period of time fixed for the - 80th Session (2019) – 3 – abatement of the violation is final and not subject to review by any court or the review board.

4.

If no appeal is filed by an employee or the representative of the employee under subsection 3 within the time limit of [15 working] 30 calendar days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.

The Division may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size ofofthe the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.

The fines may be recovered in a civil action in the name of the Division brought in a court of competent jurisdiction in the county where the violation is alleged to have occurredoccSec. or where the employer has his or her principal office.

2.r wNRS 618.635 is hereby amended to read as follows:.

618.635 Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine [of not more than $70,000 for each violation, but not less than $5,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each willful violation.

2.

NRS 618.635 is hereby amended to read as follows:

618.635 Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine [of not more than $70,000 for each violation, but not less than $5,000] in a monetary amount - *SB40_R1* – 4 – authorized pursuant to subsection 2 of NRS 618.625 for each willful violation.

Sec.

If a violation is specifically - 80th Session (2019) – 4 – determined to be of a nonserious nature an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 may be assessed.

If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the Division.Division.tion does Sec.

Sec.

H~~~~~ 19 - *SB40_R1*80th Session (2019)