(Effective Date: March 17, 2022) This guidance supersedes previous Nevada Occupational Safety and Health Administration (Nevada OSHA) COVID-19 guidance released on February 14, 2022. This guidance has been updated to reflect requirements contained within the COVID-19 Healthcare Emergency Temporary Standard (ETS) for reporting COVID-19 fatalities and in-patient hospitalizations. This guidance also provides an update on inspection efforts at healthcare facilities.
New: COVID-19 Inspections of Healthcare Facilities
On March 2, 2022, Federal OSHA released a COVID-19 Focused Inspection Initiative in Healthcare. Nevada OSHA is not required to adopt this initiative. However, Nevada OSHA will support the initiative through the COVID-19 National Emphasis Program by evaluating previous COVID-19 inquiries and inspections for possible follow-up enforcement action at businesses in the following North American Industry Classification System (NAICS) Codes:
- 622110 General Medical and Surgical Hospitals
- 622210 Psychiatric and Substance Abuse Hospitals
- 623110 Nursing Care Facilities (Skilled Nursing Facilities)
- 623312 Assisted Living Facilities for the Elderly
Updated: COVID-19 Healthcare Emergency Temporary Standard
Nevada OSHA adopted the COVID-19 Healthcare Emergency Temporary Standard effective on July 1, 2021. As of December 23, 2021, this Emergency Temporary Standard is no longer in effect, with the exception of the recordkeeping and reporting components of the Emergency Temporary Standard. These requirements have been updated in this document.
COVID-19 Vaccination and Testing Emergency Temporary Standard
Federal OSHA withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard on January 25, 2022 and is instead pursuing a permanent COVID-19 Healthcare Standard.
Federal Face Covering Requirements
On January 21, 2021, President Biden issued an executive order promoting COVID-19 safety in domestic and international travel. This executive order mandates the public wear face coverings inside of airports, on planes, and on public and school buses. According to the Center for Disease Control, this does not apply to outdoor or “open-air areas” of transportation hubs.
As this generally relates to public safety and not employee safety, Nevada OSHA will evaluate complaints related to these matters and take action when employees are potentially exposed to hazards related to COVID-19. Nevada OSHA’s jurisdictional authority is limited to health and safety matters where an employee-employer relationship exists, and no other jurisdiction has authority over the matter.
Department of Health and Human Services Face Covering Requirements
Masks and protective equipment requirements in facilities servicing vulnerable populations such as hospitals, clinics, and long-term care facilities will be overseen at the direction of the Department of Health and Human Services (DHHS).
On February 10, 2022, DHHS released a technical bulletin which states that all healthcare facilities must continue to implement all infection control practices, to include masking, in accordance with all applicable state and federal statutes and regulations.
Nevada OSHA may consider employers failing to comply with the aforementioned DHHS requirements as a violation of the Nevada OSHA General Duty Clause NRS 618.375(1) or other applicable occupational safety and health statutes and regulations.
Other Nevada OSHA COVID-19 Guidance for Businesses
Per Section 7 of Declaration of Emergency Directive #044, Nevada OSHA is responsible for enforcing all violations of its guidelines, protocols, and regulations, including those promulgated pursuant to the Governor’s Directives and local directives affecting employees. While Declaration of Emergency Directive #052 rescinded face covering requirements, other requirements continue to apply as detailed in this document.
Voluntary Use of Filtering Facepiece Respirators (N95/KN95 Masks)
While face coverings are no longer required in Nevada, employers may allow employees to voluntarily wear N95/KN95 masks. This document provides guidance on notification requirements to employees.
Need Safety Consultation Assistance?
Complying with COVID-19 safety standards can be complex. The Division of Industrial Relations Safety Consultation and Training Section (SCATS) offers free consultations to businesses to help them understand and implement the requirements in order to comply with the health and safety guidance and directives for all businesses, and specific requirements for each industry.
If you have questions about this guidance, please call SCATS at 702-486-9140 (south) or 775-688-3730 (north).
Nevada OSHA COVID-19 guidance is subject to revision. Please check back frequently for updates.
For questions about this guidance related to enforcement, please call Nevada OSHA at 702-486-9020 (south) or 775-688-3700 (north).