What subjects are covered in the OSHA 10 and 30 hour courses
The first part of both the OSHA 10 and 30-hour course provides an overview of OSHA, as well as information on how to locate specific OSHA regulations in the CFR, requirements for personal protective equipment (PPE), a basic overview of electrical safety, and working surfaces/fall protection. The remaining time can be used to address other OSHA training topics that pertain to your worksite operations.
Does Nevada law now require an employee working on a construction site to carry a card certifying that he or she has completed a Division of Industrial Relations approved OSHA 10 or OSHA 30 training course within the past five years?
Yes. The measure was passed as Assembly Bill 148 by the 2009 legislature. The law became effective January 1, 2010, and enforcement of fines began on January 15, 2010.
Must the employer or the employee pay for this mandatory training and does an employer have to pay his/her employee while attending this training?
The OSHA 10 or 30-hour training is NOT considered compensable time since it is required by state law for a construction worker to have this training to work in the construction industry. Therefore, an employer bears no obligation to pay wages under this circumstance or the fee for the respective class; this is solely the burden of the employee.
Does this new law extend to private employers and their employees who are working on federal lands (i.e., Nevada Test Site, military installations, Bureau of Reclamation, etc.)?
Yes. Nevada OSHA has jurisdiction over private employers and their employees on federal lands but not federal agencies and federal employees. However, Nevada OSHA must obtain proper authorization to enter through Federal OSHA and also the appropriate federal agency.
Are there any other states with similar requirements?
Yes. Six other states also require OSHA 10-hour construction cards: New York, Rhode Island, Massachusetts, Connecticut, New Hampshire and Missouri. There are currently several other states looking into enacting this type of law.
Do all existing employee OSHA 10 and OSHA 30 cards automatically expire in Nevada on the date this law becomes effective?
No. While the law itself becomes effective on January 1, 2010, the law also states that OSHA 10 and 30 cards expire five years from the date of issue. This being the case, a card issued to an employee on December 15, 2004 would be considered expired on January 1, 2010. However, another employee’s card issued on January 15, 2008 would be considered valid until January 15, 2013. If you currently have an OSHA 10 or 30 card, it expires 5 years from the date issued.
When does a construction worker or supervisor have to obtain an OSHA 10 or 30 card?
Not later than 15 days after being hired beginning January 1, 2010. Existing employees must also have their appropriate card.
Can an employer make this required training a condition of employment prior to hiring a new employee?
An employer may do so according to the Nevada Office of the Labor Commissioner. An employer may require a prospective employee to present their OSHA 10 or OSHA 30 course completion card prior to hiring them, or may hire without the card and use the 15 day provision.
What happens if my employer fails to comply with the statute?
Employers who fail to comply will face the following OSHA penalties: $500 fine upon first violation and a $1,000 fine upon the second violation. Third and subsequent violations will be fined pursuant to NRS 618.635.
Does an employer have any special appeal rights?
Yes. Before a fine or any other penalty is imposed upon an employer, they have the same rights to contest the citation as they do for any other OSHA citation.
Who is responsible for presenting the appropriate training card when summoned by the OSHA inspector on the jobsite?
It is the employee’s responsibility to carry his OSHA training card with him on the jobsite at all times. At the OSHA regulatory preparation workshop on July 30, 2009, OSHA said they would accept a photocopy of the card. SNHBA recommends employers also keep a photocopy of the appropriate valid training card in the employee’s file. If a card has been lost or stolen, an employee may contact their trainer and receive a replacement card for $25.
What are the responsibilities of a general contractor who has employees regarding his own employees and those of the subcontractors under this statute?
The general contractor must comply with all requirements of the statute for their employees only. Each subcontractor must comply with all requirements for their employees only. An employer only has responsibility for their own employees.
What about vendors and delivery personnel on the job site?
DIR has not yet made a definitive decision pursuant to the law on this issue. They will pursue information and include this decision in the regulations they are developing.
How does the statue define the supervisory employee required to have an OSHA 30 completion card?
Supervisory employee means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday. As further discussed at the OSHA regulatory preparation workshop on July 30, 2009, this applies to supervisors who are on a construction site.
How does the statute define a construction worker required to have an OSHA 10 completion card?
Construction worker means a person who actually performs physical work at a construction site that results in the construction, alteration or destruction involved in the construction project including without limitation painting and decorating; or who supervises any person engaged in that work. The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted 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 to prevent the property from degrading, to maintain the operational soundness of the property, including without limitation, by repairing the components of the property or by replacing components of the property with the same or similar components.
16.When I’m attending an OSHA 10 or 30 course, how do I know whether or not the instructor is actually certified to teach the class?
OSHA does not “certify” or “endorse” products or trainers, however OSHA does AUTHORIZE certain individuals as trainers once they have taken the appropriate courses and have proven sufficient knowledge. No person other than an authorized trainer with a valid card may teach these courses. Guest speakers may assist but the authorized trainer must remain present. Nevada requires each authorized trainer to display his trainer card in a conspicuous manner at each location where he provides an OSHA 10 or 30-hour course. The card will have the instructor’s name, the OSHA Training Center where the trainer received his card and the card’s expiration date. Authorized trainers are required to renew their cards every four years. They must have successfully completed the OSHA 500 course. Kristan Mihelic, of ACI is an authorized OSHA 10 and 30 outreach trainer.