State Plans
According to section 18 of the Occupational Safety and Health Act of 1970, states are encouraged to develop and maintain their own job safety and health programs. If a state plan is approved, the Occupational Safety and Health Administration will continue to monitor the plan as well as provide for as much as 50% of its operating costs.
Currently, there are 22 states and jurisdictions who have successfully implemented state plans. An additional 5 states have plans that cover public employees only. Also, there have been eight states who had plans at one time, but have since withdrew their programs. The following states have individual state plans (these include both complete and public sector employee only plans):
Alaska, Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, and Wyoming.
In order for a plan to be approved, the state must have set workplace safety and health standards to be “at least effective as” comparable federal standards. The majority of states adopt standards that are identical to the federal standards. However, states do have the option of promulgating standards for areas of concern that are not addressed by federal standards.
In order for a state’s plan to be approved, the state must conduct regular inspections. These inspections are meant to ensure that standards are enforced, public employees are covered, and proper safety and health training/education programs are held. Most states will also provide free on-site consultations in order to help employers identify and/or fix current workplace hazards. These consultations can be provided through the enacted plan, or can be through a special agreement.
The Nevada State Plan
In 2000, final approval of the Nevada State Plan was published. This plan is is an agreement between the state of Nevada and OSHA. The plan received initial approval in January of 1974.
The plan itself is administered by the Division of Industrial Relations (DIR), Department of Business and Industry. A separate enforcement and consultation section have been established within the DIR.
Jurisdiction
The Nevada State Plan applies to both public and private sector employers in the state. Those not covered include: federal employees, the United States Postal Service (USPS), private sector maritime, employment on Indian Lands, and all areas of exclusive federal jurisdiction.
Enforcement and Cooperative Programs
The enforcement of the Nevada State Plan is provided by the Nevada Occupational Safety and Health Administration. Consultation is provided by the Nevada Safety Consultation and Training Section (SCATS).
SCATS will provide assistance to both private and public employers through on-site safety and health surveys, telephone support, publications, as well as education. Topics covered by the surveys include identifying hazardous conditions, program evaluations, the monitoring of industrial hygiene, along with informal training.
Do You Need Legal Representation?
If you have questions or concerns about the Nevada State Plan and how it impacts potential workers’ compensation claims, contact the workers’ compensation attorneys at 702 DEFENSE today.