The Federal Occupational Safety and Health Act (OSHA) was passed to give employees greater protections from illness and injury while at work. This federal law became the basis for states passing their own state specific OSHA acts. The Nevada Legislature passed the Nevada Occupational Safety and Health Act in 1973. That Act is now contained within Chapter 618 of the Nevada Revised Statutes (NRS). This article has a particular emphasis on Nevada law as it concerns OSHA complaints and employee protections under OSHA.
In addition to providing specific requirements for workplace safety in certain industries, the Act assigns responsibilities to the Division of Industrial Relations to oversee the Act, allows for the filing of complaints by employees, and provides for numerous other protections and actions.
Employees Can File Complaints
Employees are entitled to file complaints when they believe their employer has violated any workplace safety or health protection guaranteed by Nevada OSHA. As stated specifically within the Act, any employee believing “a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists may request an investigation by giving notice, orally or in writing, to the Administrator or the Administrator’s representative of the violation or danger.” NRS 618.425(1). The Administrator referred to is the Administrator of the Division of Industrial Relations, which is in charge of administering the provisions of the Nevada OSHA Act.
When making the complaint, the employee “must state with reasonable particularity the grounds” for their complaint. NRS 618.425(2). Under the same statute, with limited exception, if an employee makes a complaint, their name will be kept confidential and any other employee’s name appearing in the complaint notice will also remain confidential.
Retaliation for Filing A Complaint
It is a classic conundrum for employees thinking about filing a complaint: what if I file an OSHA Complaint, my boss finds out and I am fired, have my hours cut, or my employer takes some other negative action against me? Make no mistake about it, retaliation for filing OSHA complaints or other workplace complaints happens. However, even if it does happen, there is a mechanism under Nevada’s OSHA to provide a remedy to an employee harmed by an employer’s retaliation.
Employee Rights to File a Complaint for Retaliation for Making an OSHA Complaint
Under NRS 618.445(1), an employer cannot “discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter.” What this means is it is unlawful for an employer to terminate or otherwise take actions against an employee for filing a complaint alleging an OSHA violation. In addition, this law also makes it unlawful for an employer to terminate or take actions against any “employee who has testified or is about to testify in any OSHA proceeding.” Employees are protected whether they exercise these rights on behalf of themselves or other employees.
If an employer discharges an employee or otherwise takes a negative action against an employee for exercising the above rights under OSHA, the aggrieved employee can file a complaint with the Administrator of DIR alleging the retaliation experienced by the employee. The timeline for filing this complaint is very short though. The employee must file their complaint alleging retaliation with the DIR “within 30 days after the violation has occurred” and their complaint “must set forth in writing the facts constituting the violation.” NRS 618.445(2).
Nevada OSHA can be reached at the below addresses and phone numbers:
Nevada OSHA
1301 North Green Valley Parkway, Suite 200
Henderson, NV 89074
(702) 486-9020
Nevada OSHA
4600 Kietzke Lane
Building F, Suite 153
Reno, NV 89502
(775) 824-4600
DIR Investigation of Retaliation Complaint
Once an employee files a complaint alleging their employer retaliated against them in violation of NRS 618.445(1), the Administrator must investigate the complaint. If the Administrator’s investigation determines the employer has violated NRS 618.445(1) by retaliating against an employee for exercising their OSHA right to file a complaint alleging an OSHA violation, the Administrator is required to bring a court case in the name of the Administrator in a district court against the employer.
Any decision reached by the Administrator regarding whether or not to file a court case must be made known to the complaining employee within 90 days after the Division’s receipt of the employee’s complaint.
Remedies for Violation
Once the Administrator brings the court case forward, if the court decides the employer discharged or discriminated against the employee in violation of NRS 6118.445(1), the employee is entitled to be reinstated to employment and to receive reimbursement for all lost wages and work benefits.
Employees have every right to be free from injuries in the workplace. This is particularly true when workplace injuries or illnesses are preventable. If an employee has been injured at work or feels they are being placed in immediate danger of suffering an injury, they have the ability to file a complaint under the Nevada OSHA. If they do so, they are protected from retaliation by their employer under Nevada law. These are important laws and protections for every employee to know.
Disclaimer:
This article is simply legal information and is not legal advice. It does not create and is not intended to create an attorney-client relationship between the reader and its author. The only way for a person to fully determine and understand their legal rights is to retain an experienced attorney to represent them.
