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Nevada: Federal OSHA Authority Reinstated over Private-Sector Employment on Nevada Military Facilities and Bases

US Troops
In the October 13, 2017 Federal Register, the Occupational Safety and Health Administration (OSHA) published a notice announcing its approval of a change to Nevada’s Occupational Safety and Health State Plan in which federal OSHA enforcement authority is reinstated over private-sector employment on military facilities and bases in Nevada. As before, Nevada retains occupational health and safety enforcement authority over private-sector employment not covered by federal OSHA. Under the State Plan for Nevada that OSHA approved in 1952, federal OSHA retained its enforcement authority in Nevada’s private sector for the following:
  • Maritime employment,
  • Contract workers,
  • Contractor-operated facilities engages in US Postal Service mail operations,
  • Contractors and subcontractors on land under exclusive federal jurisdiction,
  • Employment on Indian Land, and
  • Any hazard, industry, geographical area, operation, or facility over which the state is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan.
Confusion regarding enforcement authority over military facilities and bases arose under the 1952 State Plan, and the amendment announced today is intended to provide clarity and reduce confusion. Under the new Nevada State Plan, which is effective October 13, 2017, federal OSHA retains authority over the instances listed above and contractor work on military bases is now added to that list. Source: Nevada State Plan; Change in Level of Federal Enforcement: Private-Sector Employment on Military Bases, 82 Fed. Reg. 47,772 (OSHA Notice, Oct. 13, 2017).

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