Nevada Construction Worker Safety Requirements Assembly Bill No. 148 June, 2009 By Tamara L. Boeck, Shauna N. Correia 1. New Safety Training Requirements for Nevada Construction Workers Specifically, beginning on January 1, 2010, AB 148 will require: · All construction workers in the state to undergo a 10-hour safety training course (OSHA-10) developed by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) at least once every five years; · All Supervisors on a construction site to undergo a 30-hour safety training course (OSHA-30) approved by OSHA at least once every five years. The Division of Industrial Relations (DIR) will adopt regulations establishing courses which may be used to satisfy the training requirements. Courses will only be permitted to be provided by OSHA-approved "trainers" who have completed the OSHA 500 course. 2. Alternative Training through December 31, 2010 In addition, until January 1, 2011, employers may provide their own alternative course to the OSHA-10 or OSHA -30. The alternative courses must be approved by the safety committee of the employer (established pursuant to NRS 681.383) and meet or exceed the OSHA guidelines including, without limitation, federal safety and health regulatory requirements specific to the employer's industry. An employer that provides the "alternative" courses must maintain a record of all employees that completed the alternative course and make the records available to DIR at all times. Effective January 1, 2011, employees will no longer have the option to complete employer-provided alternative courses instead of the OSHA courses. 3. Proof of Compliance Required Both employees and supervisors will be required, within 15 days of hire, to present employers with proof that they completed the required coursework by showing valid "completion cards" for the appropriate course (10-hour or 30-hour). The required completion cards will be issued by Nevada OSHA. Once issued, the completion cards expire after five years. Employees may renew their completion cards within five years by showing proof of at least 5 hours (construction workers) or 15 hours (supervisors) of job-specific safety training that meets the guidelines to be established by the DIR. 4. Penalties for Non-Compliance The bill requires employers to suspend or terminate any employee who fails to provide valid proof of completion of the required training within 15 days of hire. If an employer fails to suspend or terminate an employee that has not provided proof of training completion, the employer: 1) will be fined up to $500 for the first violation. 2) will be fined up to $1,000 for the second violation. 3) upon a third violation, the violation will be considered as if the employer had committed a willful violation under NRS 618.635 and could be may be assessed an administrative fine of not more than $70,000 for each violation, but not less than $5,000, for each willful violation. Any number of violations discovered in a single day will be considered a single violation. Click Here to schedule an OSHA 10 or 30 hour course.