Safety Compliance Announcement
OSHA 10 and 30 Hour Certification January 1, 2010 ~ It's the Law

• By January 1, 2010, unless approved for an alternative course, construction employees must complete an OSHA 10 hour training course and construction supervisors must complete an OSHA 30 hour training course.

 

• All employees must possess an OSHA 10 or 30 completion card while they are employed on a construction site.  If an employee already possesses such a card there are no additional requirements under the new law and the employee can work without penalty. 

 

• OSHA cards are good for 5 years and may be renewed at anytime.  If you currently have an OSHA card it must have been obtained within 5 years or you must get another certification card.

 

• The law specifically excludes maintenance workers and their supervisors on existing buildings.

 

• If the employee cannot produce a completion card within 15 days of being hired the employer must suspend or terminate the employee until such time as the completion card is obtained.

 

• The responsibility to obtain the card rests solely with the employee.  The statutory language is silent on who pays for the training, leaving the employer with the complete discretion in that regard.  There is nothing prohibiting an employer from paying for the training or compensating the employee for the time they are in the class but the law does not require it.

 

• Failure to terminate or suspend an employee will result in employer fines ranging from $500 for the first violation and up to $70,000 for the third or subsequent violations.  Under a unique provision of the law, any violation discovered on the same day will count as a single violation.

 

• The law falls under the jurisdiction of the Nevada Department of Industrial Relations.  They will be conducting public workshops in order to outline the details through the regulation process.  Click here to get information about meeting dates.
   
  Do you have more questions? Contact Megan Jackson, ABC Government Affairs Liaison at 775.358.7888 x15 or megan@abcsierranv.org.

 Frequently Asked Questions

On June 3, 2009 Governor Gibbons signed Assembly Bill 148 into law, requiring all construction workers attend OSHA training. Due to the vagueness of information, ABC is working hard to make sure that you are informed of what this law will require. Below are the most commonly asked questions with the answer we know based on how the law was written. These answers may change due to the creation of the regulation which contractors will be required to follow. 

Where can I get a copy of the bill?
The bill is located on the Nevada Legislature website.   

Where can I get more information?
The State of Nevada will post information about workshops online. Click here to receive more information from ABC when workshops are scheduled. 

Where can I find out about upcoming classes?
Check out the ABC calendar for dates and locations. 

Are there classes offered in Spanish?
ABC is working hard to make sure all Nevadans have access to OSHA training, encluding those who speak other languages primarily. Check out the ABC calendar for dates and locations. 

Does my OSHA card expire?
Section 10, Number 3 Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued.   

Do I need an OSHA card?
Section 3.5, Number 1 “Construction worker” means a person who actually performs physical work at a construction site:
(a)     That results in the construction, alteration or destruction involved in the construction project, including without limitation, painting and decorating; or
(b)    Who supervises any person engaged in work described in paragraph (a).
2. The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted:
(a)     For the upkeep of an existing property for which a certificate of occupancy has been issued by the appropriate building inspector or other authority; and
(b)    To prevent the property from degrading, to maintain the property in its original condition or to maintain the operational soundness of the property or by replacing components of the property with the same or similar components. 

What if I don’t have an OSHA card in time?
Section 11, Number 1 If a construction worker other than a supervisory employee fails to:
(a)     Present his employer with a current and valid completion card for an OSHA-10 course; or
(b)    Complete an OSHA-10 alternative course offered by his employer, not later than 15 days after being hired, his employer shall suspend or terminate his employment.

***In the bill there are provisions for alternative courses and continuing education that have not been fully developed by the State of Nevada. Until that time, ABC can only provide information that was specifically identified within the bill. If a company is interested in becoming qualified for alternative courses or continuing education, please contact Megan Jackson, ABC Government Affairs Liaison.