NRS 618.419
Variance from standard: Application for temporary order

  • notice and hearing.


Any employer may apply to the Administrator for a temporary order granting a variance from a standard which has been adopted pursuant to this chapter but has not become effective. The temporary order may be granted only if the employer files an application which meets the requirements of subsection 2 and, after notice to the affected employees and an opportunity for a hearing, establishes that:


The employer will not be able to comply with the standard by its effective date because of the unavailability of necessary professional or technical personnel or materials and equipment or because necessary construction or alteration of facilities cannot be completed by that date;


The employer is taking all available steps to safeguard his or her employees against the hazards covered by the standard; and


The employer has a program which will bring the working conditions into compliance with the standard as quickly as practicable.


The application for such a temporary order must contain:


A specification of the standard or portion thereof from which the employer seeks a variance;


A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that the employer is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor;


A statement of the steps the employer has taken and will take, with specific dates, to protect employees against the hazard covered by the standard;


A statement of when the employer expects to be able to comply with the standard and what steps the employer has taken and what steps the employer will take, with dates specified, to come into compliance with the standard; and


A certification that the employer has informed his or her employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed must be contained in the certification. The information to employees must also inform them of their right to petition to the Administrator for a hearing.

Source: Section 618.419 — Variance from standard: Application for temporary order; notice and hearing., https://www.­leg.­state.­nv.­us/NRS/NRS-618.­html#NRS618Sec419.

Scope of chapter
Access by employees, former employees and their representatives to records of employers
Duties of employers.
Employer to provide employee with rights and responsibilities to promote safety in workplace
Employer required to report certain accidents and motor vehicle crashes occurring in the course of employment
Dismantling or removal of equipment causing certain accidents or motor vehicle crashes prohibited under certain circumstances
Employee to be notified of harmful exposure and corrective action.
Establishment of safety program: Duties of certain employers
Establishment of safety program: Employers encouraged to employ persons who have completed certain training in basic emergency care of persons in cardiac arrest.
Employers not to maintain unsafe or unhealthy places of employment.
Construction and maintenance of unsafe or unhealthy place of employment prohibited.
Removal of or interference with safety devices or safeguards by employee prohibited.
Permanent variances from standards.
Variance from standard: Participation in experiments to safeguard health or safety.
Variance from standard: Application for temporary order
Variance from standard: Contents
Request for investigation
Complaint of violation before or during inspection of workplace
Employee protected from discharge or discrimination
Advance notice of inspection prohibited
Division to provide notice to certain persons affected by certain accidents or motor vehicle crashes under certain circumstances.
Last Updated

Feb. 5, 2021

§ 618.419’s source at nv​.us