Administrative penalties for workplace safety violations levied by the Nevada Occupational Safety and Health Administration (OSHA) against employers who are not in compliance increased as of Jan. 15.
As a result of Senate Bill 40 — adopted during Nevada’s 2019 Legislative session — the Nevada Division of Industrial Relations automatically adopts penalties in alignment with those imposed by the Department of Labor OSHA enforcement program, according to a Jan. 14 press release from the state. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the Department of Labor annually evaluate civil penalties to adjust for inflation.
As a result, Nevada OSHA’s administrative penalties are increasing by 6.22 percent. Nevada OSHA’s penalties Act are as follows:
• For willful violations, where Nevada OSHA demonstrates that an employer knowingly failed to comply with an OSHA standard, or demonstrated a plain indifference for employee safety, the minimum penalty increases from $9,639 to $10,360 and the maximum penalty increases from $136,532 to $145,027.
• For repeated violations, maximum penalties will increase from $136,532 to $145,027.
• Penalties for serious violations, where workplace hazards that could cause an injury or illness that would most likely result in death or serious physical harm, the maximum penalty increases from $13,653 to $14,502.
• For each other-than-serious violation, the maximum penalty increases from $13,653 to $14,502.
• In instances where employers were previously cited and failed to correct violations, the maximum penalty increases from $13,653 to $14,502 per day unabated beyond the abatement date.
• For each posting requirement violation, the maximum penalty increases from $13,653 to $14,502.
Go to dir.nv.gov to learn more.