[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Notices]
[Pages 1916-1917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-651]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Supplements to Nevada State Plan; Approval

ACTION: Approval; Supplements to Nevada State Occupational Safety and 
Health Plan.

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SUMMARY: This notice approves supplements to the Nevada occupational 
safety and health State plan. The supplements are legislative 
amendments enacted in 1995 and 1999 and amendments to regulations 
promulgated in 1983 and 1992.

EFFECTIVE DATE: January 12, 2000.

FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, Director, Office of 
Information and Consumer Affairs, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N-3647, 200 Constitution 
Avenue, NW., Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

I. Background

    The Nevada Occupational Safety and Health Plan was initially 
approved under section 18(b) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 667(b)) (hereinafter referred to as the Act) and 
Part 1902 of this chapter on January 4, 1974 (39 FR 1008). Final 
approval under section 18(e) was proposed on November 16, 1999 (64 FR 
62138). Part 1953 of this chapter provides procedures for the review 
and approval of State change supplements by the Assistant Secretary of 
Labor for Occupational Safety and Health (hereinafter referred to as 
the Assistant Secretary).

II. Description of Supplements

A. Amendments to Nevada Occupational Safety and Health Act

    In 1995 the State enacted amendments to its Occupational Safety and 
Health Act. The five amendments, submitted on June 28, 1995, included 
the following revisions:
    (1) Nevada Revised Statutes section 618.378 was revised to require 
that an occupational accident which is fatal to one or more employees 
or which results in the hospitalization of three or more employees be 
reported to the State

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within 8 hours after the accident has occurred. These requirements are 
identical to the Federal requirements found at 29 CFR 1904.8, published 
in the Federal Register on April 1, 1994 (59 FR 15594). The amendments 
also require employers not to move equipment involved in a fatality or 
multiple hospitalization until an agency investigator authorizes it and 
require the State to begin investigating a fatality or multiple 
hospitalization within 8 hours.
    (2) Nevada Revised Statutes section 618.565 and section 618.585 
relating to the Occupational Safety and Health Review Board were 
revised to allow for an alternate for the member of the board 
representing the general public, to require that at least one member of 
the board be knowledgeable about occupational safety and health, and to 
provide that a quorum consists of three members of the board, at least 
one of whom must represent labor and one of whom must represent 
management.
    (3) Nevada Revised Statutes section 618.295(8) was revised to allow 
the State to adopt occupational safety and health standards which 
differ from Federal standards if the State standards provide protection 
equal to the protection provided by the Federal standards.
    (4) A new section was added to Nevada Revised Statutes 618, 
mandating that the State adopt regulations establishing standards and 
procedures for the operation of cranes, including a site safety plan, 
procedures for the erection and dismantling of tower cranes, 
establishment of a clear zone, annual certification, and operator 
training. The required regulations were promulgated on February 25, 
1997, and became effective on May 1, 1997. These standards have been 
approved by the OSHA Regional Administrator; a notice of this approval 
will be published separately.
    Additional amendments to the Nevada Occupational Safety and Health 
Act were enacted in 1999. These amendments, submitted on June 29, 1999, 
included the following revisions:
    (1) Two sections of Nevada Revised Statutes 618 were amended to 
address criminal violations of the law. Section 618.341 was amended to 
allow the Division of Industrial Relations to disclose confidential 
information to a law enforcement agency for the limited purpose of 
pursuing a criminal investigation. In addition, section 618.365 was 
amended to give the Division of Industrial Relations the authority to 
prosecute criminal violations of laws relating to labor and industrial 
relations.
    (2) New sections were added to Nevada Revised Statutes 618 
concerning the manufacture of explosives. One provision requires the 
Division of Industrial Relations (DIR) to adopt standards and 
procedures for places of employment where explosives are manufactured, 
used, processed, handled or moved on site or stored. Another section 
requires explosives employers to provide an annual training and testing 
program. An additional provision requires that an owner or operator of 
a place of employment obtain a permit from DIR prior to commencing 
construction of, substantially altering the construction of, or 
modifying any major process that involves the manufacturing or usage, 
processing, handling, moving on site or storage of explosives.
    (3) A new section was added to Nevada Revised Statutes 618 
regarding assistance to small employers. If authorized by the Secretary 
of Labor, the Occupational Safety and Health Enforcement Section is 
directed to develop a program for small employers to eliminate or abate 
hazards to the safety and health of employees. Except as otherwise 
provided by Federal law, if a small employer complies with the 
established program, the Enforcement Section may reduce any penalty, 
fine or interest proposed. The program implementing this provision has 
not yet been submitted, but will be separately reviewed to assure that 
all requirements of Federal law and policy are met. In addition, the 
Safety Consultation and Training Section is to establish a toll free 
number to provide advice to small employers who seek assistance.

B. Regulations

    The Nevada regulations on Inspections, Citations and Proposed 
Penalties; Variances; and Records and Reports were amended in 1983, and 
the regulation on Inspections, Citations and Proposed Penalties was 
further amended in 1992. Nevada Administrative Code Section 618.6458 
was amended to incorporate references to Nevada's procedure for issuing 
Notices of Violations for certain other than serious violations when 
the employer agrees to abate the violations. The Notice of Violation 
procedures were previously approved by OSHA (60 FR 43969). Nevada 
Administrative Code Section 618.589 was amended to adopt Federal 
exemptions to recordkeeping requirements for low-hazard industries. In 
addition, all material in the regulations which repeats provisions of 
the Nevada Occupational Safety and Health Act was deleted. Amendments 
made in 1992 reflect the reorganized structure of the Nevada 
occupational safety and health program, as set out in legislation 
approved by OSHA on August 24, 1995 (60 FR 43969).

III. Decision

    After careful consideration, the Nevada plan supplements described 
above are found to be in substantial conformance with comparable 
Federal provisions and in some cases to go beyond Federal requirements 
and are hereby approved under Part 1953 of this chapter. The decision 
incorporates the requirements and implementing regulations applicable 
to State plans generally.

IV. Location of Supplements for Inspection and Copying

    A copy of the plan and the supplements may be inspected and copied 
during normal business hours at the following locations: Office of the 
Regional Administrator, Occupational Safety and Health Administration, 
Room 415, 71 Stevenson Street, San Francisco, California 94105; Office 
of the State Designee, Administrator, Nevada Division of Industrial 
Relations, 400 West King Street, Suite 400, Carson City, Nevada 89703; 
and the Office of the Director of Federal-State Operations, Room N3700, 
200 Constitution Avenue, NW, Washington, DC 20210.

V. Public Participation

    Under Sec. 1953.2(c) of this chapter, the Assistant Secretary may 
prescribe alternative procedures to expedite the review process or for 
any other good cause which may be consistent with applicable law. The 
Assistant Secretary finds that the Nevada plan supplements described 
above are consistent with Federal requirements and with commitments 
contained in the plan and previously made available for public comment. 
Good cause is therefore found for approval of these supplements, and 
further public participation would be unnecessary.

    Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR Part 
1902, Secretary of Labor's Order No. 1-90 (55 FR 9033).

    Signed in Washington, DC, this 22nd day of December, 1999.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 00-651 Filed 1-11-00; 8:45 am]
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