Nev. Admin. Code § 618.6473 - Modification of time for abatement of violation: Contents, posting and service of petition
Current through October 13, 2021
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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)