Current through November 8, 2024
Section 618.Sec. 4.5 - NEW1. Before issuing a citation, the Division may adjust the amount of a proposed penalty as provided in subsection 2 based on: (a) The size of the employer;(b) The good faith of the employer;(c) The immediate abatement of a hazard; and(d) The employer's history of previous violations.2. Except as otherwise provided in this subsection and subsection 4, the adjustments which may be made to a penalty pursuant to subsection 1 are as follows:(a) A reduction based on the number of employees that are employed by the cited employer, not to exceed a reduction of 70 percent of the penalty for an employer with 10 or fewer employees. A penalty may be reduced pursuant to this paragraph for: (1) A violation that is classified as serious or within a classification other than serious;(2) A violation of a willful nature; or(b) A reduction based on the employer's demonstration of good faith in implementing an effective safety program as described in NRS 618.383, not to exceed a reduction of 25 percent of the penalty for an employer with a fully implemented and effective safety program, as determined by the inspector. A penalty may not be reduced pursuant to this paragraph for:(1) A violation of a willful nature; or(c) A reduction based on the immediate correction by the employer of the cited hazard, not to exceed a reduction of 15 percent of the penalty. For the purposes of this paragraph, an immediate correction is one that is made not later than 24 hours after the violation is identified during an inspection. A penalty may not be reduced pursuant to this paragraph for:(1) A serious violation of high gravity;(2) A violation of a willful nature;(4) Failure to abate or correct a violation which was identified during an inspection;(5) Failure to report a fatality, the inpatient hospitalization of one or more employees, the amputation of a part of an employee's body or an employee's loss of an eye pursuant to the requirements of NRS 618.378; or(6) Failure or a major deficiency in: (I) Establishing a written safety program pursuant to the requirements of NRS 618.383; or(II) Carrying out the requirements of the program.(d) An adjustment based on the cited employer's history of previous safety and health inspections within the 5 years immediately preceding the issuance of the citation, as follows: (1) A reduction of 10 percent may be applied to the penalty for an employer which has: (I) Been inspected previously with no citations issued; or(II) Been cited previously for violations which are classified as other than serious.(2) No adjustment may be applied to the penalty for an employer which has been cited for a serious violation not of high gravity.(3) An increase of 10 percent may be applied to the penalty for an employer which has been cited previously for: (I) A serious violation of high gravity;(II) Repeated violations;(III) A violation of a willful nature; or(IV) Failure to abate or correct violations that were previously cited.3. Except as otherwise provided in subsection 4, adjustments made pursuant to subsection 2, if any, must be considered and applied in the order set forth in subsection 2. 4. A penalty may not be reduced to an amount less than the allowable monetary amount of the corresponding civil penalty for the applicable violation of 29 U.S.C. § 666, including any adjustments made to the civil penalty pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74.5. Each district manager retains the authority to determine the appropriateness of any adjustment to a penalty and may refuse to consider an adjustment to a penalty if the district manager believes that imposing the full amount of the penalty is necessary to achieve the appropriate deterrent effect.Nev. Admin. Code § 618.Sec. 4.5
Added to NAC by Div. of Industrial Relations by R069-20A, eff. 4/11/2022