Nev. Admin. Code § 618.6458 - Citations and notices of violations

Current through October 13, 2021

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.

Notes

Nev. Admin. Code § 618.6458
Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83

NRS 618.295

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