Legislature Changes COVID-19 Requirements For Public Accommodation Facilities 

Public accommodation facilities, like hotels and casinos, in Clark and Washoe counties that are subject to the COVID-19 protocols of former Senate Bill 4 (now set forth at NRS 447.300-447.355) will want to carefully review Senate Bill 386 which has passed the Nevada Legislature and should be approved by the Governor very soon. Sections 28.1 to 28.7 of SB 386 make immediate changes to the COVID-19 procedures required by NRS 447.335, 447.340, and 447.345. Those changes are summarized below.

NRS 447.335 required a public accommodation facility to establish certain cleaning standards. The following changes have been made to those standards:

• Employers are no longer required to use products that are qualified by the U.S. Environmental Protection Agency for use against SARS-CoV-2.
• Minibars, nonporous headboards, bed linens, towels, bed scarves and other decorative items on beds no longer have to be cleaned every day.
• High-contact areas and items in locations used by the public and employees (set forth in NRS 447.335(c)) as well as the items specified in NRS 447.335(d)-(p) no longer have to be cleaned “regularly throughout the day” and now must be cleaned “daily.”

NRS 447.340 required a public accommodation facility to establish certain COVID-19 protocols. Section 28.2 of SB 386 removes the social distancing requirements from the statute, i.e., those requirements set forth at NRS 447.340(1)(a)-(c).

NRS 447.345 required a public accommodation facility to adopt a COVID-19 response plan with specific requirements. These requirements have been changed as follows:

• An employer no longer has to require COVID-19 testing of each new employee and each employee returning to work after March 13, 2020.
• An employer no longer has to designate an area where employees will check in every day for temperature checks and screening questions.
• While an employer still needs to give employees time off when certain COVID-19 related events occur, the time off no longer has to be paid unless the employee is fully vaccinated or has a verified underlying medical condition that prevents him/her from being vaccinated. Employers should use the CDC’s definition for “fully vaccinated.” To determine if an employee has a “verified underlying medical condition” that prevents him/her from being vaccinated, the employer can require  documentation from a licensed physician.  
• Employers can no longer petition the Director of the Department of Health and Human Services for an increase or decrease to the amount of days off required by the statute.  

We anticipate that revised regulations and other information will be forthcoming from the Department of Health and Human Services regarding these changes. As always, we will keep you updated on any such developments. Additionally, KZA attorneys are available to answer your 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.