Nevada Assembly Bill 148 (AB148)

New safety requirements on Nevada construction sites - Assembly Bill No. 148

The passage of Assembly Bill No. 148 will require certain health and safety training for construction workers and supervisors. AB 148 was passed in response to a sharp increase in construction worker deaths at construction sites on the Las Vegas Strip over the past two years. The bill is aimed at increasing workplace safety by heightening worker awareness of safety concerns and knowledge of best safety practices.


1. New Safety Training Requirements for Nevada Construction Workers


Specifically, beginning on January 1, 2010, AB 148 will require:

· All construction workers in the state to undergo a 10-hour safety training course (OSHA-10) developed by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) at least once every five years;

· All Supervisors on a construction site to undergo a 30-hour safety training course (OSHA-30) approved by OSHA at least once every five years.


The Division of Industrial Relations (DIR) will adopt regulations establishing courses which may be used to satisfy the training requirements. Courses will only be permitted to be provided by OSHA-approved "trainers" who have completed the OSHA 500 course.


2. Alternative Training through December 31, 2010


In addition, until January 1, 2011, employers may provide their own alternative course to the OSHA-10 or OSHA -30. The alternative courses must be approved by the safety committee of the employer (established pursuant to NRS 618.383) and meet or exceed the OSHA guidelines including, without limitation, federal safety and health regulatory requirements specific to the employer's industry. An employer that provides the "alternative" courses must maintain a record of all employees that completed the alternative course and make the records available to DIR at all times.


Effective January 1, 2011, employees will no longer have the option to complete employer-provided alternative courses instead of the OSHA courses.


3. Proof of Compliance Required


Both employees and supervisors will be required, within 15 days of hire, to present employers with proof that they completed the required coursework by showing valid "completion cards" for the appropriate course (10-hour or 30-hour). The required completion cards will be issued by OSHA/Depertment of Labor. Once issued, the completion cards expire after five years. Employees may renew their completion cards within five years by showing proof of at least 5 hours (construction workers) or 15 hours (supervisors) of job-specific safety training that meets the guidelines to be established by the DIR.


4. Penalties for Non-Compliance


The bill requires employers to suspend or terminate any employee who fails to provide valid proof of completion of the required training within 15 days of hire.


If an employer fails to suspend or terminate an employee that has not provided proof of training completion, the employer:

1) will be fined up to $500 for the first violation.

2) will be fined up to $1,000 for the second violation.

3) upon a third violation, the violation will be considered as if the employer had committed a willful violation under NRS 618.635 and may be assessed an administrative fine of not more than $70,000 for each violation, but not less than $5,000, for each willful violation.


Any number of violations discovered in a single day will be considered a single violation.


5. What effect will it have on contractors and construction workers?


While the bill places responsibility on construction worker employees to obtain the training and show proof to the employer, it also burdens the employer with ensuring employee compliance. Both employee and employer face heavy penalties for noncompliance. Larger developers and employers of "seasonal" or temporary staff will face increased administrative costs, including potentially hiring additional staff, to review and retain proof of employees' compliance and to comply with DIR requests to review records.


The class itself is not overly time-intensive, only a 10-hour or 30-hour training course once every five years, which can likely be completed within a few days. Construction workers are advised to plan to complete the appropriate courses as soon as possible and to keep good records.


The record-keeping aspect of the new law may be the most burdensome one for employers, who apparently must maintain current records on all current employees and have them readily available for DIR review at any time. We advise employers to establish protocol for maintenance of records either at a specific job site or at a main construction office.


The training itself will probably not be too costly. Even if the employer was to assume the cost of training new employees, it is hoped that the resulting decrease in on-the-job accidents – and the penalties associated with noncompliance with AB148 - will outweigh the cost of providing training courses. Employers might consider using the remaining months of 2009 to become certified to offer the alternative training, so that beginning as soon as possible on or after January 1, 2010, they can ensure all employees complete the requisite training.


What is the Impact on Maintenance/Building Engineer Staff?


The new bill specifically exempts Department of Transportation employees and persons who perform or supervise work which meets both of the following requirements: (a) for the upkeep of an existing property for which a certificate of occupancy has been issued by the appropriate building inspector or other authority; and (b) to prevent the property from degrading, to maintain the property in its original condition or to maintain the operational soundness of the property, including, without limitation, by repairing components of the property or by replacing components of the property with the same or similar components.


However, building owners should err on the side of caution, and mandate training for any employee, temporary or permanent, who could be considered a "construction worker" or "construction supervisor" under the meaning of AB 148 (such as a building maintenance person who also, from time to time, works on constructing or supervising construction of new building components, tenant improvements, or additions that go beyond mere "repair or maintenance").


Overall Impact


This bill should have an overall positive effect on contractors and construction workers, by hopefully reducing on-the-job injuries and deaths. This, in turn, could also decrease workers' compensation and CGL insurance policy premiums and reduce potential law suits. If you have any questions, please contact your BHB construction attorneys.