LCB File No. R048-20
October 7, 2020 at 10:00 a.m.
(THIS IS NOT A NOTICE OF INTENT TO ACT ON A REGULATION)
You are hereby given notice that the Division of Industrial Relations of the Department of Business and Industry, State of Nevada (“Division”) will conduct a public workshop on proposed permanent regulations necessary to implement NRS 618.9901 through 618.9913 (Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) commencing at 10:00 a.m. on Wednesday, October 7, 2020. This meeting will be held via a Webex meeting only. Webex allows for video and teleconferencing. Pursuant to Governor Sisolak’s March 22, 2020 Declaration of Emergency Directive 006, the requirement contained in NRS 241.023(1)(b), that there be a physical location designated for meetings of public bodies where members of the public are permitted to attend and participate, is suspended in order to mitigate against the possible exposure or transmission of the COVID19 (Corona Virus). Accordingly, any person planning to participate in the meeting must participate by using the Webex Access information immediately below.
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Pursuant to NRS 233B.608 and 233B.609, the Division is providing the following statements pertaining to the workshop on the proposed additions to Chapter 618 of the Nevada Administrative Code (“NAC”).
The need and purpose of the proposed revisions to regulations: The Division of Industrial Relations, Occupational Safety and Health Administration (“OSHA”) may adopt regulations to carry out the NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) for the convention services industry. In addition, the Division is required to adopt regulations approving the OSHA 10/30 courses for certain employees in these industries and setting forth guidelines for job-specific training to qualify as continuing education as provided in NRS 618.9909 for the entertainment industry and NRS 618.9927 for the convention services industry.
The estimated economic effect of the proposed regulations on (a) regulated businesses and (b) the public, including, stated separately: (i) adverse and beneficial effects; and (ii) immediate and longterm effects:
(a) Regulated businesses:
(i) Adverse and beneficial effects: The Division anticipates no adverse effects, either direct or indirect, on regulated businesses as the result of these regulations implementing NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) for the convention services industry. The adverse effects, if any, are difficult to determine at this time. There will be no direct or indirect cost to regulated or small businesses.
The Division believes that there will be no beneficial effects, either direct or indirect, on regulated businesses as the result of these regulations.
(ii) Immediate and long-term effects:
The Division does not anticipate any immediate effects, either adverse or beneficial, on regulated and small businesses as a result of these regulations implementing NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490). There will be no direct or indirect costs to regulated or small businesses.
The Division does not anticipate any long-term effects, either adverse or beneficial, on regulated and small businesses as a result of these regulations. There will be no direct or indirect costs to regulated or small businesses.
(b) The public:<
(i) Adverse and beneficial effects:
The Division anticipates no adverse effects, either direct or indirect, on the public as the result of these regulations implementing NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) for the convention services industry. There will be no direct or indirect cost to the public.
The Division believes that there will be no beneficial effects, either direct or indirect, on the public as the result of these regulations.
(ii) Immediate and long-term effects:
The Division does not anticipate any immediate effects, either adverse or beneficial, on the public as a result of these regulations implementing NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) for the convention services industry. There will be no direct or indirect costs to the public.
The Division does not anticipate any long-term effects, either adverse or beneficial, on the public as a result of these regulations. There will be no direct or indirect costs to the public.
The estimated cost to the Division for enforcement of the proposed regulations:
The Division does not anticipate incurring any additional cost for these proposed permanent regulations necessary to implement NRS 618.9901 through 618.9913 (enacted in Assembly Bill 190, chapter 105, Statutes of Nevada 2017, at page 467) for the entertainment industry and NRS 618.9920 through 618.9931 (enacted in Senate Bill 119, chapter 92, Statutes of Nevada 2019, at page 490) for the convention services industry.
The Division believes that the proposed regulation does not overlap or duplicate any existing regulation. The proposed regulation is not required by federal law and there is no equivalent federal law.
The proposed regulation does not establish a new fee or increase an existing fee. The proposed regulation does not provide for a new fee or increase an existing fee payable to the Division.
A copy of the proposed language for LCB File No. R048-20, may be downloaded from the Nevada Occupational Safety and Health Administration website: http://dir.nv.gov/OSHA/Home. Before the Public Workshop, persons may submit written comments to Donald C. Smith, Esq., Senior Division Counsel, Division of Industrial Relations, 3360 W. Sahara Ave., #250, Las Vegas, Nevada 89102 or by email to donaldcsmith@dir.nv.gov.
After the comments have been reviewed and considered, the Division will give notice of intent to act on the regulation and conduct one or more public hearings to solicit written and/or oral comments, data, and views on the proposed regulation.
Persons with disabilities who require special accommodations or assistance at the workshop must notify Kim Toledo, at the Occupational Safety and Health Administration, 3360 W. Sahara Ave., #200, Las Vegas, Nevada 89102, or by calling (702) 486-9168 by 5:00 p.m., Wednesday, September 30, 2020.
The requirements set forth in NRS 241.020(4)(a) for the posting of agendas for public meetings was suspended in Governor Sisolak’s March 22, 2020 Declaration of Emergency Directive 006. This notice has been posted on Nevada’s notice website: http://leg.state.nv.us/App/Notice/A/; and the Division’s website: http://dir.nv.gov/Meetings/Meetings, as set forth in NRS 241.020(4)(b) and (4)(c).