As you know, the Occupational Safety and Health Administration
(OSHA) primarily is responsible for enforcing occupational safety
and health laws. However, a state is entitled to develop and
enforce its own laws regarding worker safety and health if its
rules are at least as effective as the federal requirements. OSHA
must approve state plans, which currently are in effect in 27
states and territories.
A state's failure to maintain compliance with federal
requirements for its occupational safety and health plan can cause
the state to lose authority to administer its own plan. A 2010
review by OSHA of all state plans has revealed some issues that may
cause further agency intervention with some state plans.
Problems associated with the Nevada OSHA state plan were the
subject of a special review by OSHA in 2009 that reported failures
to cite willful violations because of a lack of management and
legal support; instances of clear repeat violations that were not
cited; hazards that were not cited or even mentioned to employers;
lack of construction hazard training for Nevada OSHA inspectors;
and failures by the Nevada agency to ensure employers abated
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