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Change To Nevada’s OSHA Training Requirements For The Entertainment Industry

Volume 18 | Issue 1
January 14, 2019

The new year brings a slight change to Nevada's OSHA training requirements for the entertainment industry. A relatively new Nevada law requires certain employees in the entertainment industry to complete a training course on general industry safety and health hazard recognition and prevention within 15 days of hire. During 2018, the first year of this requirement, the employer could offer "alternate training" to meet this requirement. Effective January 1, 2019, however, the entertainment worker must take the Department of Labor's Training course called "OSHA-10" and "OSHA-30." "OSHA-10" is a 10-hour course for employees; "OSHA-30" is a 30-hour course for supervisors.

This mandatory training requirement applies to those working in live entertainment, filmmaking or photography, television, sporting events, or theatrical performances, and includes employees who work with scenery, rigging or props; wardrobe, hair or makeup; and audio, camera, projection, video or lighting equipment. Supervisors are defined by this law as "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."

A worker in this industry must present an OSHA-10 or OSHA-30 card to the employer within 15 days of hire. The card is valid for 5 years and must be renewed. If a card is not presented within 15 days of hire, the employer must suspend or terminate the worker's employment. Administrative fines can be assessed for the employer's failure to suspend or terminate an entertainment worker's employment for failure to present an OSHA-10 or OSHA-30 card.

More information on these requirements can be found at Nevada's Safety Consultation and Training Section, Sections 618.9901-608.9913 of the Nevada Revised Statutes, and a frequently asked questions publication regarding this law. As always, please contact a KZA attorney with any questions you may have regarding this matter.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.