Nevada increases workplace safety violation penalties starting January

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Perry Faigin Deputy Director, Northern Nevada Deputy Director, Nevada Office of Boards, Commissions and Councils Standards | State of Nevada Department of Business & Industry Website

The Nevada Occupational Safety and Health Administration (OSHA) has announced an increase in penalties for workplace safety violations, effective January 15, 2024. This adjustment aligns with the Department of Labor's OSHA enforcement program due to Senate Bill 40 passed during Nevada’s 2019 Legislative session.

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 mandates that the Department of Labor annually adjusts its civil monetary penalties for inflation by January 15. Consequently, Nevada OSHA's administrative penalties will rise by 3.24% for any penalty assessed on or after January 15, regardless of when the inspection was initiated.

For willful violations, where employers knowingly fail to comply with OSHA standards or show indifference to employee safety, the maximum penalty will increase from $156,259 to $161,323. The same increment applies to repeated violations. Serious violations involving hazards that could lead to death or serious harm will see a maximum penalty increase from $15,6252 to $16,131. Other-than-serious violations and posting requirement violations will also see their maximum penalties rise from $15,625 to $16,131. Additionally, if employers do not correct cited violations within the given timeframe, they face a daily fine increase from $15,625 to $16,131 beyond the abatement date.

The Division of Industrial Relations (DIR), which oversees workplace safety and worker protections in Nevada through five sections including Nevada OSHA, aims to safeguard workers across various sectors. For further details about DIR and Nevada OSHA’s operations and initiatives visit http://dir.nv.gov.

Nevada OSHA functions as an approved state program under section 18 of the Occupational Safety and Health Act of 1970. It is required to operate as effectively as the federal OSHA enforcement program while conducting inspections and investigations through its offices in Las Vegas and Reno.