Existing law requires the Director of the Department of Health and Human Services and a district board of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt by regulation requirements to reduce and prevent the transmission of SARS-CoV-2 in public accommodation facilities under certain circumstances. (NRS 447.300-447.355) Specifically, existing law requires the Director to adopt regulations requiring public accommodation facilities to: (1) establish standards for cleaning to reduce the transmission of SARS-CoV-2; (2) establish protocols to limit transmission of SARS-CoV-2, including the training of staff concerning prevention and mitigation of SARS-CoV-2 transmission; and (3) establish, implement and maintain a written SARS-CoV-2 response plan. (NRS 447.335, 447.340 and 447.345)
This bill defines “COVID-19” to include SARS-CoV-2, mutations thereof and diseases caused by those viruses and: (1) requires employers to provide to employees a written notice of a potential exposure to COVID-19; (2) prohibits an employer from retaliating against an employee for being diagnosed with COVID-19; and (3) requires employers to establish, implement and maintain a written COVID-19 prevention program. Section 8 of this bill provides that these provisions do not apply to public accommodation facilities governed by existing law.
Section 9 of this bill requires an employer who is informed of a potential exposure to COVID-19 to notify in writing certain employees, principal contractors, subcontractors and independent contractors that they may have been exposed to COVID-19. Section 9 requires the notice to be provided: (1) within 1 business day after being informed of the potential exposure; (2) to the representative of the employee, if applicable; (3) in both English and the language understood by the majority of the employees; and (4) in the manner the employer normally uses to communicate with the employee, including through personal service, electronic mail or text message. Section 9 requires the notice to include information concerning: (1) certain benefits relating to COVID-19 that may be available to the employee; and (2) the plan and standards used for disinfecting and cleaning that the employer maintains.
Section 10 of this bill prohibits an employer from taking retaliatory actions against an employee who has been diagnosed with COVID-19 or who has to quarantine or isolate himself or herself. If an employee believes that retaliatory action has been taken by an employer, section 10 authorizes the employee to file a complaint with the Labor Commissioner, who may enforce section 10 or institute proceedings as set forth in existing law. (NRS 607.205-607.215)
Section 11 of this bill requires an employer to establish, implement and maintain a written COVID-19 prevention program that complies with any standards for COVID-19 set forth by the Occupational Safety and Health Administration of the United States Department of Labor, the Division of Industrial Relations of the Department of Business and Industry or the Occupational Safety and Health Review Board. Section 11 requires the employer to: (1) provide a copy of the prevention program to an employee upon employment; and (2) train its employees on the prevention program. Section 11 authorizes an employee to file a complaint with the Division if his or her employer does not provide the copy or training. Section 11 also requires the employer to provide a copy of the prevention program to an employee upon request within 1 business day. Finally, section 11 requires the Division to review the prevention program if the employer is inspected for a violation of any standards concerning COVID-19 set forth by the Occupational Safety and Health Administration of the United States Department of Labor, the Division or the Board.
Section 12 of this bill authorizes the Division to adopt regulations to carry out the provisions of this bill.