NRS
618.625 Assessment, amount, payment and recovery of administrative
fines; “serious violation” defined.
1. The Division may assess administrative
fines provided for in this chapter, giving due consideration to the
appropriateness of the penalty with respect to the size of the employer, the
gravity of the violation, the good faith of the employer and the history of
previous violations.
2. The administrative fines which may be
imposed pursuant to NRS 618.635, 618.645, 618.655
and 618.675 may not be greater than the
monetary amount of the corresponding civil penalty for the applicable violation
pursuant to 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.
3. For purposes of this chapter, 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 of the
presence of the violation.
4. Administrative fines owed under this
chapter must be paid to the Division. The fines may be recovered in a civil
action in the name of the Division brought in a court of competent jurisdiction
in the county where the violation is alleged to have occurred or where the
employer has his or her principal office.
(Added to NRS by 1973,
1022; A 1975,
774; 1981,
588, 1516;
2019,
604)
Notes of Decisions
Frith v. Harrah South Shore Corp., 552 P.2d 337 (Nev. 1976).
“545), and assess administrative fines (NRS 618.625). Any employee may seek mandamus against a director who fails to enforce the provisions of the Act.”
Adm'r of the Div. of Occupational Saf. & Health v. Pabco Gypsum, 775 P.2d 701 (Nev. 1989).
· cites it 2× “375; NRS 618.625(2). To prove a serious violation DOSH had to demonstrate that a substantial probability of death or serious injury existed as a result of a condition arising at the workplace, which the employer was aware of or could have been aware of with the exercise of…”
Original Roofing Co. v. Chief Admin. of the Occupational Saf. & Health Admin., 442 P.3d 146 (Nev. 2019).
· cites it 2× “See NRS 618.625(2) (providing that "serious violations" exist when there is substantial probability that death or serious physical harm could result from practices used in the workplace "unless the employer did not and could not, with the exercise of reasonable diligence, know…”
— Nev. Rev. Stat. § 618.625(2) — 6 cases
Adm'r of the Div. of Occupational Saf. & Health v. Pabco Gypsum, 775 P.2d 701 (Nev. 1989).
“375; NRS 618.625(2). To prove a serious violation DOSH had to demonstrate that a substantial probability of death or serious injury existed as a result of a condition arising at the workplace, which the employer was aware of or could have been aware of with the exercise of…”
Original Roofing Co. v. Chief Admin. of the Occupational Saf. & Health Admin., 442 P.3d 146 (Nev. 2019).
“See NRS 618.625(2) (providing that "serious violations" exist when there is substantial probability that death or serious physical harm could result from practices used in the workplace "unless the employer did not and could not, with the exercise of reasonable diligence, know…”
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