NV OSHA Updates COVID-19 Guidance

On January 14, 2022, the Nevada Occupational Safety and Health Administration (NV OSHA) issued an updated COVID-19 Guidance. This document replaces the agency’s guidance issued on July 30, 2021.

First, NV OSHA makes some administrative clarifications. It acknowledges the Supreme Court’s decision blocking the federal OSHA’s vaccine mandate and states that it “will not be taking any action” in relation to the mandate “until further notice.” NV OSHA clarifies that it does not enforce the vaccine mandate imposed upon Medicare and Medicaid healthcare providers, and it explains that the Healthcare Emergency Temporary Standard it previously adopted is no longer in effect.

Second, NV OSHA updates its guidance for employers on COVID-19 protocols. It details the current rules set forth in the Governor’s Emergency Directives, reviewing face covering, personal protective equipment, and signage requirements. NV OSHA then outlines its requirements for COVID-19 prevention programs, reminding employers that such plans are required for all businesses with more than 10 employees. “Businesses with 10 or fewer employees are highly encouraged to have a written COVID‐19 Prevention Program.”

All Nevada employers should carefully review this updated guidance to ensure you are currently in compliance with its requirements. The guidance largely mimics the standards set forth in July, although there have been some important modifications. For example, the guidance does not address or even mention vaccination, although the agency previously directed employers to encourage vaccination. Additionally, NV OSHA directs employers to “[f]ollow the latest CDC guidelines on quarantine and isolation.” This direction is helpful for many employers but fails to address public accommodation facilities which are limited by Nevada law in this regard.

If there is one thing we can count on during the pandemic, it is that rules and requirements will continue to change and evolve. We will continue to keep you updated on NV OSHA developments and are available to answer your COVID-19 questions. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.