NV OSHA Stepping Up Inspections To Protect Workers From Falls

Volume: 22 | Issue: 41
September 20, 2023

The Nevada Occupational Safety and Health Administration (NV OSHA) has issued a new guidance for employers regarding the federal OSHA’s April 2023 National Emphasis Program (NEP) on falls. NV OSHA adopted the NEP in a modified form in July 2023 and is now reaching out to employers, offering guidance and training on the NEP for a 90-day period. By November 28, 2023, NV OSHA will begin workplace inspections to ensure employers are complying with their obligations to protect workers from injuries related to falls.

The NEP on falls targets all construction activities and 10 non-construction activities, specifically: roof top mechanical work/maintenance; utility line work/maintenance (electrical, cable); arborist/tree trimming; holiday light installation; road sign maintenance/billboards; power washing buildings (not connected to painting); gutter cleaning; chimney cleaning; window cleaning; and communication towers.

Despite this focus, all employers have a general duty to assess their workplace(s) to determine if fall hazards are present, or are likely to be present, and take steps to mitigate those hazards. Mitigation efforts often include policies and training, and NV OSHA advises: “Fall protection is a recognized hazard that should be addressed in each business’s Written Workplace Safety Program (WWSP).”

NV OSHA’s guidance details employer’s training and other mitigation obligations under existing regulations covering falls. We encourage all employers to review it carefully. Nevada’s Safety and Consultation and Training Section (SCATS) is offering classes on Fall Protection on September 21 and November 9, and employers can request other assistance, training or consultation by calling 877-472-3368 or submitting a consultation request. KZA attorneys are also available to assist you with any questions you have regarding NV OSHA’s requirements or the NEP. 

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.

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