OSHA Authorized Trainer for OSHA 10 and OSHA 30

curt@curtfonkensafety.com

970-381-0693

1301 Cordone Ave
Reno, NV 89502

©2017 by Curt Fonken Safety

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OSHA NEVADA LAW

Nevada Revised Statutes

MANDATORY OSHA-10 AND OSHA-30 TRAINING

NRS 618.950 Definitions. As used in NRS 618.950 to 618.990, inclusive, unless the context otherwise requires, the words and terms defined in NRS 618.953 to 618.967, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2009, 2420)

NRS 618.953 "Construction site" defined. "Construction site" means any location at which construction work is being commenced or is in progress.

(Added to NRS by 2009, 2420)

NRS 618.957 "Construction worker" defined.

1. "Construction worker" means a person who actually performs physical work at a construction site:

(a) That results in the construction, alteration or destruction involved in the construction project, including, without limitation, painting and decorating; or

(b) Who supervises any person engaged in work described in paragraph (a).

2. The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted:

(a) For the upkeep of an existing property for which a certificate of occupancy has been issued by the appropriate building inspector or other authority; and

(b) To prevent the property from degrading, to maintain the property in its original condition or to maintain the operational soundness of the property, including, without limitation, by repairing components of the property or by replacing components of the property with the same or similar components.

(Added to NRS by 2009, 2420)

NRS 618.960 "OSHA-10 course" defined. "OSHA-10 course" means a 10-hour course in construction industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

(Added to NRS by 2009, 2421)

NRS 618.963 "OSHA-30 course" defined. "OSHA-30 course" means a 30-hour course in construction industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

(Added to NRS by 2009, 2421)

NRS 618.967 "Supervisory employee" defined. "Supervisory employee" means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee's workday.

(Added to NRS by 2009, 2421)

NRS 618.970 Inapplicability of NRS 618.950 to 618.990, inclusive, to Department of Transportation.The provisions of NRS 618.950 to 618.990, inclusive, do not apply to:

1. The Department of Transportation; or

2. An employee of the Department of Transportation while performing his or her duties as an employee of the Department.

(Added to NRS by 2009, 2421)

NRS 618.973 Regulations. The Division may adopt such regulations as are necessary to carry out the provisions of NRS 618.950 to 618.990, inclusive.

(Added to NRS by 2009, 2421)

NRS 618.977 Division duties regarding approval of OSHA-10 and OSHA-30 courses; registry of course providers and guidelines for continuing education.

1. The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of NRS 618.983.

2. The Division shall establish a registry to track the providers of courses approved pursuant to subsection 1.

3. The Division shall adopt regulations that set forth guidelines for job-specific training to qualify as continuing education for the purposes of NRS 618.983.

(Added to NRS by 2009, 2421)

NRS 618.980 Trainers must display trainer card; only trainers may provide courses.

1. Each trainer shall display his or her trainer card in a conspicuous manner at each location where the trainer provides an OSHA-10 course or OSHA-30 course.

2. No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.

3. As used in this section:

(a) "Trainer" means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course for the Construction Industry.

(b) "Trainer card" means the card issued upon completion of OSHA 500, the Trainer Course for the Construction Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

(Added to NRS by 2009, 2421)

NRS 618.983 Requirements to obtain completion card or complete alternative course; expiration and renewal of completion cards. [Effective through December 31, 2010.]

1. Not later than 15 days after the date a construction worker other than a supervisory employee is hired, the construction worker must:

(a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977; or

(b) Complete an OSHA-10 alternative course which is offered by his or her employer.

2. Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must:

(a) Obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977; or

(b) Complete an OSHA-30 alternative course which is offered by his or her employer.

3. Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

(b) Providing proof satisfactory to the Division that the construction worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.977 in an amount of:

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

4. As used in this section:

(a) "OSHA-10 alternative course" means a 10-hour course offered to the employees of an employer that:

(1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

(2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(b) "OSHA-30 alternative course" means a 30-hour course offered to the employees of an employer that:

(1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

(2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(Added to NRS by 2009, 2422)

NRS 618.983 Requirements to obtain completion card; expiration and renewal of completion cards. [Effective January 1, 2011.]

1. Not later than 15 days after the date a construction worker other than a supervisory employee is hired, the construction worker must obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977.

2. Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.977.

3. Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

(b) Providing proof satisfactory to the Division that the construction worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.977 in an amount of:

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

(Added to NRS by 2009, 2422; A 2009, 2424, effective January 1, 2011)

NRS 618.987 Requirements to present employer with completion card or complete alternative course. [Effective through December 31, 2010.]

1. If a construction worker other than a supervisory employee fails to:

(a) Present his or her employer with a current and valid completion card for an OSHA-10 course; or

(b) Complete an OSHA-10 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

2. If a supervisory employee on a construction site fails to:

(a) Present his or her employer with a current and valid completion card for an OSHA-30 course; or

(b) Complete an OSHA-30 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

3. As used in this section:

(a) "OSHA-10 alternative course" means a 10-hour course offered to the employees of an employer that:

(1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

(2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(b) "OSHA-30 alternative course" means a 30-hour course offered to the employees of an employer that:

(1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

(2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(Added to NRS by 2009, 2423)

NRS 618.987 Requirements to present employer with completion card. [Effective January 1, 2011.]

1. If a construction worker other than a supervisory employee fails to present his or her employer with a current and valid completion card for an OSHA-10 course not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

2. If a supervisory employee on a construction site fails to present his or her employer with a current and valid completion card for an OSHA-30 course not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

(Added to NRS by 2009, 2423; A 2009, 2424, effective January 1, 2011)

NRS 618.990 Penalties.

1. If the Division finds that an employer has failed to suspend or terminate an employee as required by NRS 618.987, it shall:

(a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $500.

(b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.

(c) Upon the third and each subsequent violation, impose upon the employer the penalty provided in NRS 618.635 as if the employer had committed a willful violation.

2. For the purposes of this section, any number of violations discovered in a single day constitute a single violation.

3. Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.

(Added to NRS by 2009, 2423)