Nevada OSHA takes lead investigating businesses not enforcing mask mandate

There’s been a lot of confusion and discussion since Nevada Gov. Steve Sisolak mandated that everyone must wear a face covering while in public, and one of the points of confusion was which agency is handling reports of non-compliant businesses.

Carson City Health and Human Services stated that they are directing complainants to file reports with OSHA.

According to Nevada OSHA Chief Administrative Officer Jess Lankford, OSHA is handling all complaints at this time.

According to Lankford, complainants can file their reports by phone, internet, or in writing. Directions for all three options are available by visiting http://dir.nv.gov/OSHA/Home/

Once a complaint is received by OSHA, they will begin investigating as each is received. “Complaints and referrals are taken as they are received,” said Lankford. “The complaint will be addressed either through an inquiry process or an infield investigation.”

According to Lankford, OSHA is authorized to fine businesses based on various conditions found during an investigation. Penalties can be found in the Nevada Operations Manual, located here.

When asked what is stopping businesses from ignoring the governor’s mandates all together, including masks, social distancing, or limited occupancy, Lankford said, “Nevada OHSA is doing infield observations to get a better understanding of the issues that businesses experiencing.  These observations are likely to lead to investigations in the future.”

For more information, or to file a non-compliance report of a business in Carson City, click here.

UPDATE: Here's a news release from OSHA on Thursday:

In a continued effort to protect Nevada’s workers and educate businesses on the latest requirements so that Nevada can stay safe and stay open, the Division of Industrial Relations Occupation Safety and Health Administration (OSHA) has increased in-field inspection activities.

Since the Governor’s Declaration of Emergency Directive 024 went into effect on June 26, the Division of Industrial Relations has conducted 652 initial field observations. During these initial field observations, businesses that are not in compliance are provided a written notice and request for voluntary compliance.

Of the 347 businesses observed on July 1, 79.8 percent were in compliance with the mandate. Businesses in northern Nevada have a cumulative compliance rate of 84.3 percent, while businesses in southern Nevada were found to have a 75 percent compliance rate. Officials note that the highest rates of noncompliance are being observed in bars and national brand retail stores.

Under the directive, employers must:

— Provide face coverings for employees assigned to serving the public and require these employees to wear the face coverings;

— Require employees to wear a face covering in any area where food is prepared or packaged;

— Mandate the use of face coverings by patrons, customers, patients, and clients and will notify them of this requirement prior to entry into the establishment.

Observations have been conducted in gaming establishments, bars, gyms, hair and nail salons, automobile sales and maintenance establishments, grocery stores, home improvement stores, clothing stores and other locations where large groups of people may be congregating for longer periods of time, which can lead to a heightened risk of spreading COVID-19.

If noncompliance is found during an initial observation, the business is provided a written notice and request for voluntary compliance and a follow up visit by Nevada OSHA officials will be conducted. If the employer is still not complaint and a violation is found, a notice of citation and penalty will be issued. The maximum penalty of $134,940 can be assessed to an employer that willfully violates the provisions of the directive. If the employer is observed to be in compliance during the follow up visit, the inspection will be closed with no further action necessary.

Additionally, Nevada OSHA continues to conduct ongoing compliance enforcement activity in response to complaints and referrals received by their offices related to Updated Nevada OSHA Guidance for Businesses Operating in Phase 2 of Nevada United: Roadmap to Recovery Plan published on June 26. This guidance contains employer requirements for encouraging proper hand hygiene, cleaning and disinfection, and social distancing.

A copy of the guidance can be found on the Division of Industrial Relations website at http://dir.nv.gov/uploadedFiles/dirnvgov/content/home/features/OSHA%20Lt...

Complaints can be filed with Nevada OSHA by calling (702) 486-9020 in southern Nevada and (775) 688-3700 in northern Nevada. Complaints can also be filed online at https://www.osha.gov/pls/osha7/eComplaintForm.html