see something unsafe say something

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order to prevent workplace injuries, illnesses and fatalities. At minimum, inspections shall be in accordance with this schedule: - (1) Projects employing one (1) to ninety-nine (99) persons, at any single moment in the work day, shall have an employee assigned to make at least one inspection each workday; - (2) Projects employing one hundred (100) to one hundred ninety-nine (199) persons shall have two employees assigned, each to make at least one inspection each work day; and - (3) Projects employing two hundred (200) or more persons shall have one additional designated employee for each three hundred (300) persons above one hundred ninety-nine (199) each to make at least one inspection each workday. Exception: Projects employing less than three (3) persons, need not comply with subsection (c). - (c) Written records of the daily safety and health inspections shall be kept on the project site for review by the director for the duration of the project. Inspection records shall include, at minimum, the following: - (1) The date and start time of the inspection; - (2) The name of the employee conducting the inspection; - (3) The scope (project areas) of the inspection, including the names of all contractors and subcontractors covered by the scope of the inspection; - (4) A brief description of all potential and actual hazards noted during the inspection; - (5) Name and title of the person responsible for correcting the identified hazards noted during the inspection; - (6) Information regarding how the hazard was eliminated, corrected, or abated including the inspector's recommendations for preventing the recurrence of the hazards. - (d) Warning signs shall be posted prohibiting unauthorized persons from operating potentially

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- C. Discrimination - Made by a discrimination investigator when an employee alleges that he or she was retaliated against for complaining about safety or health conditions in the workplace, refusing to do an allegedly imminently dangerous task, or engaging in other activities related to occupational safety or health. - D. Other Government Agency - Made by other Federal, State, or local government agencies or their employees, including local police and fire departments. - E. Media Report - Either news items reported in the media or information reported directly to NV OSHA by a media source. - F. Employer Report - Of accidents other than fatalities and catastrophes. - G. Anonymous - A source of allegations which cannot be classified as a complainant and chooses to remain anonymous. - H. Former Employee of Referred Employer - Information received from a source who at one time worked as an employee of the employer against which allegations are made, but is not currently employed by the referred employer. - I. Representative of Employees -Any of the following: - A. An authorized representative of the employee bargaining unit, such as a certified or recognized labor organization. - B. An attorney acting for an employee. - C. Any other person acting in a bona fide representative capacity, including, but not limited to, members of the clergy, social workers, spouses and other family members, and government officials or nonprofit groups and organizations acting upon specific complaints and injuries from individuals who are employees. NOTE: The representative capacity of the person filing complaints on behalf of another should be ascertained unless it is already clear. In general, the affected employee should have requested, or at least approved, the filing of the complaint on his or her behalf. - b. DOCUMENTATION OF ACTION TAKEN Document all complaint and referral letter responses and actions taken on the Complaint and Referral Checklist form and in the OIS unprogrammed a…

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## Chapter 11 ## IMMINENT DANGER, FATALITY, CATASTROPHE, AND EMERGENCY RESPONSE ## 1. IMMINENT DANGER SITUATIONS - a. GENERAL - 1. Definition -NAC 618.6413 -'Imminent danger means the existence of any condition or practice in a workplace which could reasonably be expected immediately to cause death or serious physical harm to any employee if operations were to proceed in the workplace or if employees were to enter it before the condition or practice is eliminated." - 2. Conditions - The following conditions must be present in order for a hazard to be considered an imminent danger: - A. Death or serious harm must be threatened; AND - B. Most likely, a serious accident would occur immediately OR, if not immediately then before abatement was completed. - NOTE: For a health hazard, exposure to the toxic substance or other hazard must cause harm to such a degree as to shorten life, be immediately dangerous to life and health (IDLH), or cause substantial reduction in physical or mental efficiency or health, even though the resulting harm may not manifest itself immediately. ## b. PRE-INSPECTION PROCEDURES - 1. Imminent Danger Report Received by the Field - A. After the DM or designee receives a report of imminent danger, he/she will evaluate the inspection requirements and assign a CSHO to conduct the inspection. - B. Make every effort to open the imminent danger inspection on the same day the District Office received the report. In any case, open the inspection no later than the day after the receiving the report. - C. When an immediate inspection cannot be made, the DM or designee will contact the employer immediately, obtain as many pertinent details as possible about the situation, and attempt to have any employee(s) affected by the imminent danger voluntarily removed, if necessary. - · A record of what steps, if any, the employer intends to take in order to eliminate the danger will be included in the case file. - · This notification is considered an advance not…

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## Chapter 9 ## COMPLAINT AND REFERRAL PROCESSING ## 1. SAFETY AND HEALTH COMPLAINTS AND REFERRALS ## a. DEFINITIONS - 1. Complaint - Notice of an alleged safety or health hazard (over which NV OSHA has jurisdiction), or a violation of the NV OSH Act, submitted by a current employee or representative of employees. - A. Formal - Complaint made by a current employee or a representative of employees that meets all of the following requirements: - · Asserts that an imminent danger, a violation of the NVOSH Act, or a violation of a NV OSHA or Fed OSHA standard exposes employees to a potential physical or health harm in the workplace; - · Is reduced to writing or submitted on an OSHA-7 form; and - · Is signed by at least one current employee or employee representative. - B. Non-Formal - Any complaint alleging safety or a health violation that does not meet all of the requirements of a formal complaint identified above and does not come from one of the sources identified under the definition of Referral, below. - 2. Inspection - An onsite examination of an employer's worksite conducted by a NV OSHA CSHO, initiated as the result of a complaint or referral, and meeting at least one of the criteria identified in Criteria Warranting an Inspection , below. - 3. Inquiry -A process conducted in response to a complaint or a referral that does not meet one of the identified inspection criteria as listed in Criteria Warranting an Inspection . It does not involve an onsite inspection of the workplace, but rather the employer is notified of the alleged hazard(s) or violation(s) by letter. The employer is then requested to provide a response, and NV OSHA will notify the complainant of that response via letter. - 4. Electronic Complaint - A complaint submitted via Federal OSHA's public website. All complaints submitted via Federal OSHA's public website are considered non-formal. - 5. Permanently Disabling Injury or Illness -An injury or illness that has resulted in permanent disabil…

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## 2. Refusal to Eliminate an Imminent Danger - a. If the employer does not or cannot voluntarily eliminate the hazard or remove affected employees from the exposure and the danger is immediate, CSHOs will immediately consult with the Director or designee. - b. The employer will be advised that in accordance with Utah Code Ann. § 34A-6-305, district courts have the jurisdiction, upon petition of the Director, to grant injunctive relief or temporary restraining orders to restrain any conditions or practices that pose an imminent danger to employees. - NOTE: UOSH has no authority to order the closing of a worksite or to order affected employees to leave the area of the imminent danger or the workplace. - c. The CSHO shall inform the affected employees and employers of the danger and that the CSHO is recommending to the Director that relief be sought and will advise them of the Utah Code Ann. § 34A-6-203 discrimination protections under the Utah OSH Act. Employees will be advised they have the right to refuse to perform work in the area where the imminent danger exists. - d. The Director or designee, in consultation with the AAG, will assess the situation and, if warranted, make arrangements for the expedited initiation of court action. ## 3. When Harm Will Occur Before Abatement is Required If CSHO's have clear evidence that harm will occur before abatement is required (i.e., before a final order of the Commission in a contested case or before injunctive relief or a temporary restraining order can be obtained), they will confer with the Director or designee to determine a course of action. NOTE: In some cases, the evidence may not support the finding of an imminent danger at the time of the physical inspection, but rather after further evaluation of the case file or presence of additional evidence. ## II. Accident Investigations ## A. Definitions - 1. Fatality An employee death resulting from a work-related incident or exposure; in general, from an accident or…