Nevada § 618.435 - Complaint of violation before or during inspection of workplace; review of refusal to issue citation; accompaniment of Division's representative during inspection

§ 618.435. Complaint of violation before or during inspection of workplace; review of refusal to issue citation; accompaniment of Division's representative during inspection

1. Before or during any inspection of a workplace, any employee, representative of

employees, provider of health care or governmental officer or employee whose primary

duty is to ensure public safety, including a building inspector, building official

or other similar authority, may notify the Administrator or any representative of

the Administrator responsible for conducting the inspection, orally or in writing,

of any violation of this chapter which they have reason to believe exists in the workplace. The Division shall by regulation establish procedures for informal review of any

refusal by a representative of the Administrator to issue a citation with respect

to any such alleged violation and shall furnish the employees or other persons requesting

the review a written statement of the reasons for the Administrator's final disposition

of the case within 14 days after the Administrator receives the notice. 2. An opportunity must be afforded to a representative of the employer and an authorized

representative of the employees to accompany the representative of the Division during

the physical inspection of the place of employment or, where there is no authorized

representative of the employees, consultation must be had with a reasonable number

of employees, but no more than one employee may accompany the Division's representative

during the inspection. 3. Any employee of the employer who accompanies the representative of the Division

during the inspection pursuant to subsection 2 is entitled to be paid by the employer

at the employee’s regular rate of pay for the time spent with the representative of

the Division inspecting the place of employment if the employee would have otherwise

been compensated for working during that time. 4. For the purposes of this section, “ representative of an employee ” means a person previously identified to the Division as an authorized representative

of the employee bargaining unit of a labor organization which has a collective bargaining

relationship with the employer and represents the affected employees.