NV OSHA Citation and Notification of Penalty
NV OSHA Citation and Notification of Penalty
NV OSHA Citation and Notification of Penalty
To the Reader - The Nevada Occupational Safety and Health Act was created in order to "assure so far as
possible every working man and woman in the State safe and healthful working conditions”. OSHA is
expending every effort to make this goal a reality, but we cannot do it without your continuing help and
support. Therefore, we are providing you with this information so that you can help us help you. This
information is also designed to explain the options available to you and is part of our ongoing program to
promote cooperation among labor, management, and government.
Employer Rights and Responsibilities - An inspection of your workplace was recently conducted in
accordance with the Nevada Occupational Safety and Health Act (Chapter 618, Nevada Revised Statutes).
The inspection revealed conditions which we believe to be in violation of the Act. The detailed nature of the
violation(s) and the penalty(ies) are described in this Citation and Notification of Penalty. The items listed on
the citation were discussed generally with your representative by the Occupational Safety and Health
Administration (OSHA) Compliance Safety and Health Officer (CSHO). The following passages contain
important information regarding your responsibilities and opportunities to respond to this notice. Please refer
to the inspection number, located in the upper right-hand corner of these documents, in all correspondence.
The information relevant to the conditions found were evaluated by the CSHO's supervisor and it was
determined that the violation(s) do(es) exist(s), and you have been issued this Citation and Notification of
Penalty which explains in detail the exact nature of the violation(s) and any associated penalty(ies). For each
apparent violation found during the inspection, the CSHO discussed with you the following:
The CSHO is a highly trained professional who can help you recognize and evaluate hazards, as well as suggest
appropriate methods of correcting violations. To minimize employee exposure to possible hazardous conditions,
abatement efforts should always begin as soon as possible.
Citation and Notification of Penalty Page 1 of 16 NVOSHA-2(Rev. 10/19)
The following general information defines the types of violations:
Willful: A Willful violation is defined as a violation in which either: (1) the employer committed an
intentional and knowing violation of the Act, or (2) the employer knew that a hazardous condition
existed and made no reasonable effort to eliminate it.
Serious: A Serious violation exists in a place of employment if there is a substantial probability that
death or serious physical harm could result from a condition which exists, or from one or more
practices, means, methods, operations or processes which have been adopted or are in use in that place
of employment unless the employer did not and could not, with the exercise of reasonable diligence,
know the presence of the violation.
Repeat: An employer may be cited for a Repeat violation if that employer has been cited previously for
a substantially similar condition and the citation has become a Final Order of the Nevada Occupational
Safety and Health Review Board. A citation is currently viewed as a Repeat violation if it occurs within
5 years either from the date that the earlier citation become a F inal Order or from the final abatement
date, whichever is later.
For purposes of determining whether a violation is repeated the following criteria generally apply:
Failure to Abate: A Failure to Abate violation exists when the employer has not corrected a violation
for which OSHA has issued a citation and the abatement date has passed or is covered under a
Settlement Agreement. A Failure to Abate also exists when the employer has not complied with interim
measures involved in a long-term abatement within the time given.
This Citation and Notification of Penalty describe violations of the Nevada Occupational Safety and
Health Act of 1973.The penalty(ies) listed herein is (are) based on these violations. You must abate the
violations referred to in this Citation by the date(s) listed and pay the penalty(ies) proposed, unless within
30 calendar days from your receipt of this Citation and Notification of Penalty, you mail a notice of
contest to OSHA at the address on page 1. OSHA must receive your Notice of Contest by 5:00 P.M.
Pacific Standard Time (PST) on the 30th calendar day. Issuance of this Citation does not constitute a
finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act
or, if contested, unless this Citation is affirmed by the Nevada Occupational Safety and Health Review
Board or a court.
Posting - Upon receipt of this Citation and Notification of Penalty, you must post the citation or copy of
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 2 of 16 NVOSHA-2(Rev. 2/06)
it at or near the place each violation occurred to inform employees of the hazard to which they may be
exposed. If, because of the nature of the employer's operation, it is not practical to post the citation at or
near the place where each violation occurred, the citation must be posted in a prominent place where it
will be readily observed by all affected employees. The citation must remain posted for three working
days or until the violation is corrected, whichever is longer. Saturdays, Sundays, and legal holidays are not
counted as working days. You must comply with these posting requirements even if you contest the
citation. The penalty dollar amounts need not be posted and may be marked out or covered up prior
to posting.
The abatement certification documents (such as abatement certifications, abatement plans and progress
reports) also must be posted at or near the place where the violation occurred. For movable equipment
found to be in violation and where the posting of violations would be difficult or impractical, the employer
has the option to identify the equipment with a "Warning" tag specified in the Nevada Administrative
Code 618.6465.
Notification of Corrective Action - For each violation which you do not contest, you are required to
submit an Abatement Certification form(s), located on page 8, to the OSHA District Manager. The
certification must be emailed, mailed or faxed to our office within ten calendar days after the abatement date
indicated on the citation. You are also required to submit documents that provide proof of abatement
(examples: evidence of the purchase or repair of equipment, photographs, video tape, training records, or other
written records, etc.) with the Abatement Certification. If the citation indicates that the violation item was
corrected during the inspection (Abated During Inspection), no Abatement Certification is required for that
item.
When the citation permits an extended time for abatement, you must ensure that employees are adequately
protected during this time. For example, the citation may require the immediate use of Personal Protective
Equipment by employees while engineering controls are being installed. When such is the case and where
indicated on the citation, you must also provide OSHA with an abatement plan (steps you will take to protect
employees and correct the hazards) and periodic progress reports on your actions.
Penalty Payment - The penalty(ies) itemized on the Citation and Notification of Penalty is/ (are) payable
within 30 calendar days of receipt of the penalty notice. However, if you contest the citation or penalty in good
faith, abatement and payment of penalty(ies) for those items contested are suspended until the Occupational
Safety and Health Review Board reviews your case and issues a Final Order. The Review Board is an
independent board and is not a part of OSHA. The final order of the Review Board will uphold, modify, or
eliminate the penalties. However, penalties for items not contested are still due within 30 calendar days. For
further details, see the section on How to Contest. Payment should be made by certified check, personal check,
company check, postal money order, bank draft, or bank money order, payable to "DIR-OSHA". Please
indicate the Inspection Number on the remittance.
OSHA does not agree to any restrictions conditions or endorsements put on any check or money order for less
than the full amount due, and will cash the check or money order as if these restrictions, conditions, or
endorsements do not exist.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 3 of 16 NVOSHA-2(Rev. 2/06)
Informal Conference - Before deciding whether to file a "Notice of Contest", you may request an informal
conference with the OSHA District Manager to discuss the Citation and Notification of Penalty. You may use
this opportunity to:
You are encouraged to take advantage of the opportunity to have an informal conference if you foresee any
difficulties in complying with any part of the citation. Please note, however, that an informal conference
must be held within the 30 calendar day Notice of Contest period and will neither extend the 30 calendar
day contest period, nor take the place of filing the written notice if you desire to contest. If you are
considering a request for an informal conference to discuss any issues related to this Citation and Notification
of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference,
should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the
District Manager within 30 calendar days of your receipt of this Citation. The running of this contest period is
not interrupted by an informal conference. Employee representative(s) have the right to participate in any
informal conference, or negotiations, between the District Manager and the employer. To schedule an informal
conference, please call (775) 688-3700.
If you agree that the citation violation(s) do exist, but you have a valid reason for wishing to extend the
abatement date(s), you may discuss this with the District Manager in an informal conference. The District
Manager may issue an amended citation which changes the abatement date prior to the expiration of the 30-
working-day period without your filing a Notice of Contest.
If you do not contest within 30 calendar days, your citation will become a Final Order. After this occurs, the
OSHA District Manager may continue to provide you with information and assistance on how to abate the
hazards cited in your citation. However, the District Manager may not amend, or change, any citation, or
penalty, which has become a Final Order. The District Manager may only advise you on abatement methods, or
extend the time you need to abate the violation (see Petition for Modification of Abatement).
If you decide to request an informal conference, please complete, remove and post the page 9 "Notice to
Employees" next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal
conference have been determined. Be sure to bring to the conference any and all supporting documentation of
existing conditions, as well as any abatement steps taken thus far. If conditions warrant, the District Manager
can enter into an Informal Settlement Agreement which amicably resolves this matter without litigation, or
contest.
How to Contest – If you wish to contest any portion of a citation, you must submit, a Notice of Contest in
writing, by mail or fax, within 30 calendar days after receipt of the NVOSHA-2. This applies even if you have
stated your disagreement with a c itation, penalty, or abatement date during a telephone conversation or an
informal conference. OSHA must receive your Notice of Contest by 5:00 P.M. (PST) on the 30th calendar
day. The notice must clearly state what is being contested; the citation, the penalty, or any combination of these
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 4 of 16 NVOSHA-2(Rev. 2/06)
factors. In addition, the notice must state whether all violations on the Citation, or just specific violations, are
being contested, (For example, "I wish to contest the citation and penalty proposed for Item 3 and 4 of the
Citation issued March 31, 2012.")
Your contest must be made in good faith. A contest solely filed to avoid your responsibilities for abatement or
payment of penalties will not be considered a good-faith contest. A proper contest of any item suspends your
obligation to abate and pay until the item contested has been judicially resolved. If you contest only the penalty,
you must still correct all violations by the dates indicated on the Citation. If only some items of the Citation are
contested, the other items must be corrected by the abatement date and the corresponding penalties paid with 30
calendar days of notification.
After you file a Notice of Contest, your case is officially in litigation. If you wish to settle the case, you may
contact the OSHA District Manager who will give you the name of the OSHA attorney handling your case. All
settlements of contested cases are negotiated between you and the OSHA attorney according to the rules of
practice of the Nevada Occupational Safety and Health Review Board.
The Contest Process - If the Notice of Contest has been filed within the required 30 calendar days, the
OSHA attorney will forward your case to the Nevada Occupational Safety and Health Review Board and the
Board will schedule a hearing. Both employers and employees have the right to participate in this hearing which
contains all the elements of a trial, including examination and cross-examination of witnesses. You may choose
to represent yourself, or be represented by an attorney. The Board may affirm, modify, or eliminate any contest
item of the Citation, or penalty.
As with any other legal procedure, there is an appeals process. Once the Board has ruled, any party to the case
may request a further review by the District Court for the area in which the case arose.
Unless you inform the District Manager in writing that you intend to contest the citation(s) and (or)
proposed penalty(ies) within 30 calendar days after receipt, the citation(s) and the proposed penalty(ies)
will become a Final Order of the Nevada Occupational Safety and Health Review Board and may not be
reviewed by any court, or agency.
Petition for Modification of Abatement Date - Abatement dates are assigned on the basis of the best
information available at the time the Citation is issued. If you are unable to meet an abatement date because of
uncontrollable events or other circumstances, you may file a "Petition for Modification of Abatement" (PMA)
with the District Manager. The petition must be filed in writing with the District Manager who issued the
Citation on, or before, the original date set for the abatement. If the petition is filed later, it must be
accompanied by the employer's statement of exceptional circumstances explaining the delay. To show clearly
you have made a good faith effort to comply, the PMA must include all of the following information for the
District Manager to consider it
• A list of all steps taken by the employer in an effort to achieve compliance during the prescribed period
for the abatement and the dates those steps were taken;
• The additional time necessary in order to achieve compliance;
• The reasons the additional time is necessary, such as, the unavailability of personnel, materials or
equipment, or the inability to complete the necessary construction or alteration by the original date for
abatement;
• All steps which are being taken to safeguard the employees against the cited hazard during the
abatement period;
• A certified statement that a copy of the petition has been posted, and served on the representative of the
employees, if they have a representative, and the date on which the posting and service was made;
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 5 of 16 NVOSHA-2(Rev. 2/06)
You must post a copy of the petition in a conspicuous place where all affected employees will have notice of
it, or near the location where the violation occurred. The petition must remain posted for ten working days.
Where the affected employees have a representative, the employer must serve them with a copy of the
petition.
Affected employees, or their representative may file a written objection to a petition for a modification of the
time for the abatement of a violation with the District Manager. Failure to file an objection within ten working
days after the date of posting the petition or service of it upon the representative of the employees,
whichever is later, constitutes a waiver of any further right to object to the petition. The filing of an
employee contest does not suspend the employer's obligation to abate.
If the affected employees, or their representative, objects to the petition, the District Manager shall consult with
the Chief Administrative Officer (CAO) and the CAO will make a determination. The CAO will furnish to
the employer and the affected employees, or their representative, a written notice of his/her decision and the
reasons for it. The CAO's decision is final.
If the petition is uncontested upon the expiration of 30 working days after the date on which a copy of it was
posted, or served, upon the representative of the employees, the District Manager may approve or deny the
petition.
If the District Manager denies a petition for a modification of the time for the abatement of a violation,
the employer may request an informal review by the CAO. After considering all written and oral statements
presented, the CAO will affirm, modify, or reverse the determination of the District Manager. The CAO's
determination is final. Further information on PMAs may be obtained from the District Office.
Temporary and Permanent Variances - If you are unable to comply with a newly promulgated
standard because of the unavailability of materials, equipment, or professional or technical personnel, you may
apply to OSHA for a temporary variance from that standard.
To be eligible for a temporary variance, the employer must put into force an effective program for coming into
compliance with the standard, or regulation, as quickly as possible. In the meantime, the employer must
demonstrate to OSHA that all available steps are being taken to safeguard employees. A temporary variance
may be granted for up to one year; and it can be renewed twice, each time for six months.
You may also apply for a permanent variance from a standard if you can prove that your present facilities, or
methods of operation, are at least as safe and healthful as those required by the OSHA Standard.
In making a determination on a permanent variance, OSHA reviews the employer's evidence and, where
appropriate, arranges a visit to the workplace to confirm the circumstances of the application. If the request has
merit, OSHA may grant a permanent variance. Final variance orders detail the employer's specific
responsibilities and requirements and explain exactly how the employer's method varies from the OSHA
requirement.
Please note; however, that whenever an employer applies for either a temporary or a permanent variance, the
employer must inform employees of the application and of their right to request a hearing. You should contact
the District Manager for procedures, documents, or variance applications.
Employer Discrimination Unlawful - The law prohibits employers from discharging or otherwise
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 6 of 16 NVOSHA-2(Rev. 2/06)
discriminating against an employee who has exercised any right under this law, including the right to make
safety and health complaints or to request an OSHA inspection. OSHA will investigate complaints from
employees who believe that they have been discriminated against. If the investigation discloses probable
violations of employee rights, court action may follow. Employees who believe that they have been
discriminated against must file their complaint within 30 days of the alleged act of discrimination to the
District Office at the address shown on page 1.
Notice to Employees - The law gives an employee, or his/her representative, the opportunity to object to
any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be
mailed to the OSHA District Office at the address shown on page 1 and postmarked within 30 calendar days of
the receipt by the employer of this Citation and Notification of Penalty. OSHA must receive your Notice of
Contest, by fax or mail, by 5:00 P.M. (PST) on the 30th calendar day. The filing of an employee contest
does not suspend the employer's obligation to abate.
Follow-up Inspection and Failure to Abate - If you receive a citation, a follow-up inspection may be
conducted to verify that you have done the following:
To achieve abatement by the date set forth in the citation, it is important that abatement efforts be promptly
initiated. In addition to providing for penalties for failure to post citations and failure to abate violations, the Act
clearly states that you have a continuing responsibility to comply with the Act and assure your employees of
safe and healthful working conditions. Any new violations discovered during a follow-up inspection will be
cited.
Providing False Information - All information reported to OSHA by employers and employees must be
accurate and truthful. Providing false information on efforts to abate cited conditions or in required records is
punishable under the Act.
Additional Information - You should be aware that OSHA publishes information on its inspection and
citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The
information related to your inspection will be available 30 calendar days after the Citation is issued. You are
encouraged to review the information concerning your establishment at www.osha.gov. For further information
and assistance, please feel free to contact your OSHA District Manager.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 7 of 16 NVOSHA-2(Rev. 2/06)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
ABATEMENT CERTIFICATION
The hazard referenced in Inspection Number 1647600 for the violation identified as Citation ___, Item ___
was corrected on (date)______________________ by the following action(s):
__________________________________________________________________________________________________
______________________________________________________________________________________.
The hazard referenced in Inspection Number 1647600 for the violation identified as Citation ___, Item ___
was corrected on (date)______________________ by the following action(s):
__________________________________________________________________________________________________
______________________________________________________________________________________.
The hazard referenced in Inspection Number 1647600 for the violation identified as Citation ___, Item ___
was corrected on (date)______________________ by the following action(s):
__________________________________________________________________________________________________
______________________________________________________________________________________.
The hazard referenced in Inspection Number 1647600 for the violation identified as Citation ___, Item ___
was corrected on (date)______________________ by the following action(s):
__________________________________________________________________________________________________
______________________________________________________________________________________.
The hazard referenced in Inspection Number 1647600 for the violation identified as Citation ___, Item ___
was corrected on (date)______________________ by the following action(s):
__________________________________________________________________________________________________
______________________________________________________________________________________.
I attest that the information contained in this document is accurate and that the affected employees and their
representatives have been informed of the abatement activities described in this certification.
___________________________________________
Signature
___________________________________________
Printed Name
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 8 of 16 NVOSHA-2(Rev. 2/06)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
An informal conference has been scheduled with NV OSHA to discuss the citation(s) issued on
informal conference.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 9 of 16 NVOSHA-2(Rev. 2/06)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
29 CFR 1910.28(b)(1)(i): (1) Unprotected sides and edges. (i) Except as provided elsewhere in this section, the employer
must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or
more above a lower level is protected from falling.
The employer did not ensure that each employee working from a walking/working surface that is 4 feet or more above a
lower level is protected from falling in the following instances:
a) One employee supplied temporary power for customers in the way of electrical cables dropped from the upper grid of
the area known as Hall #3 without the benefit of effective fall protection systems. The employee left the existing catwalk
structure, walked the existing steel, and was exposed to a 34-foot fall to the concrete floor below.
b) One employee removed temporary electrical cables, previously supplying power to customers, from the upper grid of
the area known as Hall #3 without the benefit of effective fall protection systems. The employee left the existing catwalk
and fell 34 feet through the grid ceiling, landing on the concrete floor below.
29 CFR 1910.30(a)(1): (a) Fall hazards. (1) Before any employee is exposed to a fall hazard, the employer must provide
training for each employee who uses personal fall protection systems or who is required to be trained as specified
elsewhere in this subpart. Employers must ensure employees are trained in the requirements of this paragraph on or before
May 17, 2017.
The employer did not provide training in the requirements of paragraph (a) for all employees who used personal fall
protection systems.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 10 of 16 NVOSHA-2(Rev. 10/19)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
At the jobsite, employees were required to operate a Genie S-60 Boom lift (model # SJ8841F 800 series, serial # 42737).
Employees operated the aerial lift without the benefit of being trained by a person qualified in the subject matter to
recognize the hazards associated with the type of aerial lift and to understand the procedures to control or eliminate
hazards.
29 CFR 1910.137(c)(1): General. Electrical protective equipment shall be maintained in a safe, reliable condition.
At the jobsite, electrical protective equipment provided by the employer was not being maintained in a safe and reliable
condition. Employees utilized a Honeywell Salisbury (Model ASI1200-SPL) electric Arc flash Shield and a Salisbury 98
CAL/CM2 coveralls that were found soiled with dirt, grime, grease, and debris.
29 CFR 1910.332(b)(1): Practices addressed in this standard. Employees shall be trained in and familiar with the safety-
related work practices required by 1910.331 through 1910.335 that pertain to their respective job assignments.
The employer had an energy control program (lockout/tagout program) but did not provide training regarding safety-
related work practices to employees whose work duties included servicing or maintenance on electrical equipment where
the unexpected energizing, startup, or release of stored energy could occur.
29 CFR 1910.303(f)(2): Services, feeders, and branch circuits. Each service, feeder, and branch circuit, at its disconnecting
means or overcurrent device, shall be legibly marked to indicate its purpose, unless located and arranged so the purpose is
evident.
Located in the catwalk of Hall #3, an electrical panel's (Panel 1B) overcurrent devices were not legibly marked to indicate
their purpose.
29 CFR 1910.305(b)(1)(ii): Unused openings in cabinets, boxes, and fittings shall be effectively closed.
Unused openings in cabinets, boxes, and fittings were not effectively closed in the following instances:
a. Located in the catwalk of Hall #3, an electrical disconnect box (1B, 208 VAC 3 phase) was missing a knockout.
b. Located in the catwalk of Hall #3, a portable electrical distribution box was missing a knockout.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 12 of 16 NVOSHA-2(Rev. 10/19)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
29 CFR 1910.333(a): "General." Safety-related work practices shall be employed to prevent electric shock or other injuries
resulting from either direct or indirect electrical contacts, when work is performed near or on equipment or circuits which
are or may be energized. The specific safety-related work practices shall be consistent with the nature and extent of the
associated electrical hazards.
At the jobsite, safety-related work practices were not employed to prevent electric shock or other injuries resulting from
either direct or indirect electrical contacts when work was performed near or on equipment or circuits which are or may be
energized. A/V Tech employees were not following safety related work practices and allowed to perform electrical tie-ins
of energized "distro boxes" into disconnect boxes located on the catwalk of Hall #3.
29 CFR 1910.27(a): (a) Scaffolds. Scaffolds used in general industry must meet the requirements in 29 CFR part 1926,
subpart L (Scaffolds).
29 CFR 1926.454(a): (Subpart L) The employer shall have each employee who performs work while on a scaffold trained
by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to
understand the procedures to control or minimize those hazards.
Located at the facility, a SkyJack Scissor Lift (model # SJ8841F 800 series, serial # 42737) had been used by employees
not trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being
used and to understand the procedures to control or minimize those hazards.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 13 of 16 NVOSHA-2(Rev. 10/19)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
Nevada Revised Statutes 618.383(1): Except as otherwise provided in subsections 8 and 9, an employer shall establish a
written safety program and carry out the requirements of the program within 90 days after it is established.
The employer did not carry out the requirements of their written safety program within 90 days after it was established.
The employer reassumed management of their properties seven (7) months prior to the inspection, but did not carry out
requirements such as ensuring employees received required safety training (e.g., fall protection, operation of boom lifts
and scissor lifts, and installation of temporary electrical drops). The employer had 126 employees at the time of the
inspection.
29 CFR 1910.132(d)(1): The employer shall assess the workplace to determine if hazards are present, or are likely to be
present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be
present, the employer shall:
The employer did not assess the workplace to determine if hazards are present, or likely to be present, which necessitate
the use of personal protective equipment such as fire resistant (FR) clothing, insulated tools, fall protection/harnesses, and
gloves.
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 14 of 16 NVOSHA-2(Rev. 10/19)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno, NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
29 CFR 1910.305(b)(1)(i): Conductors entering cutout boxes, cabinets, or fittings shall be protected from abrasion, and
openings through which conductors enter shall be effectively closed.
Located at the catwalk of Hall #3, Electrical Box B1 was being used to connect electrical power to an electrical box known
in-house as "distro box." The distro box was used to supply 110 VAC 20 Amp electrical service to customers. The
conductors entering the disconnect box were exposed to abrasions from the sharp edges of the electrical box that could
result in eventual exposure of the copper wires.
_____________________________
Jacob La France
District Manager
See pages 1 through 8 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 15 of 16 NVOSHA-2(Rev. 10/19)
STATE OF NEVADA
Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
4600 Kietzke Lane, Bldg. F-153
Reno NV 89502
Phone: (775) 688-3700 Fax: (775) 688-1378
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than
full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
If, however, payment is for portions uncontested, please note which items are being paid directly on this invoice and
return it with your remittance.
In extraordinary cases where payment of a penalty places an extreme burden on the employer, the Administrative
Assistant III should be contacted regarding an alternate method of payment. Otherwise, if payment is not received once
your time to contest has lapsed and the assessed penalties are deemed a final order of the Occupational Safety and Health
Review Board, OSHA will have no alternative but to refer this matter to our legal counsel.
For violations you do not contest, promptly notify the District Manager, using the Abatement Certification form, page
8 of the citation, how you have corrected the cited conditions by the abatement date set forth in the citation. Please be
sure to include all supporting documents (i.e. photos, receipts, training documentation, programs, etc.).
7-27-2023
_____________________________ _____________________________
Jacob LaFrance Date
District Manager
See pages 1 through 7 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Summary Citation and Notification of Penalty Page 16 of 16 NVOSHA-2(Rev. 10/19)