Updated COVID-19 Guidance for Nevada Businesses and New OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard

STEVE SISOLAK

Governor

TERRY REYNOLDS

Director

STATE OF NEVADA

DEPARTMENT OF BUSINESS AND INDUSTRY

DIVISION OF INDUSTRIAL RELATIONS

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION

VICTORIA CARREÓN

Administrator

PERRY FAIGIN

Deputy Administrator

WILLIAM GARDNER

Chief Administrative Officer

RENO

4600 Kietzke Lane,

Building F-153

Reno, NV 89502

(775) 688-3700

LAS VEGAS

3360 West Sahara Avenue

Suite 200

Las Vegas, NV 89102

(702) 486-9020

January 14, 2022

To: Nevada Businesses

Re: Updated COVID-19 Guidance for Nevada Businesses and New OSHA COVID-19

Vaccination and Testing Emergency Temporary Standard

This guidance supersedes previous Nevada Occupational Safety and Health Administration

(Nevada OSHA) COVID-19 guidance released on July 30, 2021.

OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard

As a result of the Supreme Court decision on January 13, 2022, Nevada OSHA will not be taking

any action regarding the OSHA COVID-19 Vaccination and Emergency Temporary Standard until

further notice. This guidance shall be updated as new developments are made available.

Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule

Please note that Nevada OSHA is not responsible for enforcement of the Omnibus COVID-19

Health Care Staff Vaccination Interim Final Rule from the Centers for Medicare and Medicaid

Services (CMS). On January 13, 2022, the Supreme Court lifted lower court injunctions blocking

enforcement of this rule. The guidance at the following link is anticipated to be updated to

remove references to non-enforcement in certain states:

https://www.cms.gov/medicareprovider-enrollment-and-

certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-

rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-0

COVID-19 Healthcare Emergency Temporary Standard

Nevada OSHA adopted the COVID-19 Emergency Temporary Standard for healthcare

workplaces effective on July 1, 2021. As of December 23, 2021, this Emergency Temporary

Standard is no longer in effect.

Other Nevada OSHA COVID-19 Guidance for Businesses

Nevada OSHA is responsible for enforcing all violations of its guidelines, protocols, and

regulations promulgated pursuant to the Governor’s Directives and local directives affecting

employees. Declaration of Emergency Directives #047 and #048 require all persons in counties

with substantial or high community transmission rates to wear a face covering while in public

indoor spaces, regardless of vaccination status. In addition, Declaration of Emergency Directives

#024, #028, #044, and #045 require Nevada businesses to comply with guidelines promulgated

by Nevada OSHA to minimize the risk of spread of COVID-19. This document provides more

detail on current requirements.

Need Safety Consultation Assistance?

Complying with COVID-19 safety standards can be complex. The Division of Industrial Relations

Safety Consultation and Training Section (SCATS) offers free consultations to businesses to help

them understand and implement the requirements in order to comply with the health and

safety guidance and directives for all businesses, and specific requirements for each industry.

If you have questions about this guidance, please call the Safety Consultation and Training

Section at 702-486-9140 (south) or 775-688-3730 (north).

Nevada OSHA COVID-19 guidance is subject to revision. Please check back frequently for

updates.

For questions about this guidance related to enforcement, please call Nevada OSHA at 702-486-

9020 (south) or 775-688-3700 (north).

Overview of Requirements in Governor’s Emergency Directives

Face Coverings and Personal Protective Equipment:

• All requirements regarding the use of face coverings and personal protective equipment

can be more restrictive at the local and county levels but must at least meet the

requirements listed in this section. See Declaration of Emergency Directive #041 (as

amended by Declaration of Emergency Directive #045).

Counties with Substantial or High Risk of Community Transmission

• In accordance with Declaration of Emergency Directives #047 and #048, all persons in

counties with substantial or high community transmission rates will be required to wear

face coverings while in public indoor spaces regardless of vaccination status. The

Department of Health and Human Services will provide updates weekly every Tuesday

to counties and the public informing them of their status.

• All employers shall provide face coverings

for employees and shall require employees

to wear a face covering in any indoor public setting

. (Required/Ref. Nevada Health

Response Guidance on Directive 024: Face Coverings, updated June 24, 2020, available

at: https://nvhealthresponse.nv.gov/wp-content/uploads/2020/06/Guidance-on-

Directive-24-Face-Coverings-UPDATED.pdf; see also Declaration of Emergency Directive

#044, section 6; and Declaration of Emergency Directive #045.)

Counties with Low to Moderate Risk of Community Transmission

• Face coverings are only required for persons who are not fully vaccinated in counties

with low or moderate transmission per CDC guidance, available at:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-

coverings.html.

• Employers may have mask policies that are more restrictive than the CDC guidance.

Employers should assess if face coverings need to be worn by vaccinated employees to

prevent the spread of COVID-19. See the Job Hazard Analysis section of this guidance for

more information.

o Examples of situations that may require an assessment for face covering usage, in

addition to being vaccinated, include but are not limited to:

 Employees working in an industry with a higher risk of transmission, such as

manufacturing, poultry processing, etc.

Section 4 of Declaration of Emergency Directive #024 states, “For the purposes of this Directive, ‘face covering’ is

defined as covering that fully covers a person’s nose and mouth, including without limitation, cloth face masks,

surgical masks, towels, scarves, and bandanas.” For employees, Nevada OSHA does not recognize face shields as

an alternative to or as an effective “face covering.” The face covering must effectively control the breathing zone

and restrain any expelled or exhaled water droplets within the covering.

Section 2 of Declaration of Emergency Directive #048 defines “indoor public setting” as “any indoor area where

people who are not members of the same household may be present. The term includes office buildings,

breakrooms, hallways, cafeterias, meeting rooms, and other areas where people may interact, even though the

public at large does not have access to the area.”

 Employees working in an industry that has a high volume of public interaction.

 Employees working at any establishment experiencing a sudden and significant

increase in persons testing positive for COVID-19.

 Employees working in areas with low COVID-19 vaccination rates.

• All employers shall provide face coverings for unvaccinated employees and shall require

unvaccinated employees to wear a face covering in any indoor public setting.

(Required/Ref. Nevada Health Response Guidance on Directive 024: Face Coverings,

updated June 24, 2020, available at: https://nvhealthresponse.nv.gov/wp-

content/uploads/2020/06/Guidance-on-Directive-24-Face-Coverings-UPDATED.pdf; see

also Declaration of Emergency Directive #044, section 6; and Declaration of Emergency

Directive #045.)

Requirements for all Counties

• Ensure that any identified first responders in the labor force are provided and use the

needed Personal Protective Equipment (PPE) and equipment for protection from

communicable or infectious disease. (Required/Ref. 29 CFR 1910.1030.)

• Post signage with the latest CDC mask guidance for vaccinated and unvaccinated

employees and customers. (Recommended/Nevada Health Response Press Release

5/13/2021, available at: https://nvhealthresponse.nv.gov/wp-

content/uploads/2021/05/5.13.21-CDC-Mask-Update.pdf.)

• All school staff, regardless of vaccination status and community transmission levels,

shall be required to wear face coverings while working in an indoor public setting.

(Required/Ref. Nevada Health Response Guidance on Directive 024: Face Coverings,

updated June 24, 2020, available at: https://nvhealthresponse.nv.gov/wp-

content/uploads/2020/06/Guidance-on-Directive-24-Face-Coverings-UPDATED.pdf; see

also Declaration of Emergency Directive #044, section 6; Declaration of Emergency

Directive #045; and Declaration of Emergency Directive #048, Section 5.)

COVID-19 Prevention Plan

Nevada OSHA considers COVID-19 to be a recognized hazard. Nevada OSHA will continue to

require all businesses to protect employees from all recognized hazards, which includes COVID-

19. Employers shall implement COVID-19 Prevention Programs in the workplace. The most

effective programs engage workers and their union or other representatives in the program's

development and include the following key elements: conducting a hazard assessment;

identifying a combination of measures that limit the spread of COVID-19 in the workplace;

adopting measures to ensure that workers who are infected or potentially infected are

separated and sent home from the workplace, and implementing protections from retaliation

for workers who raise COVID-19 related concerns.

The COVID-19 Prevention Program will be recognized by and added to the Written Safety

Program (WSP) required by Nevada Revised Statutes 618.383 and Nevada Administrative Code

618.538 for businesses with more than 10 employees. Businesses with 10 or fewer employees

are highly encouraged to have a written COVID-19 Prevention Program.

Job Hazard Analysis:

• For higher-risk workplaces, such as manufacturing, meat and poultry processing, high-

volume retail and grocery, and seafood processing, a Job Hazard Analysis (JHA) should

be completed for each task or procedure that could be affected by the hazard of COVID-

19. Any JHA drafted for this purpose must be equivalent in detail and scope as

identified in Federal OSHA publication 3071, available at:

https://www.osha.gov/Publications/osha3071.pdf.

• A JHA developed for this purpose must identify the task being addressed, the hazard

being addressed (spread of COVID-19), and controls to be used to address the hazard.

• Engineering controls, administrative controls, and PPE identified and developed through

the JHA to address the hazard must be supplied by the employer.

• Training must be provided to staff for any policy, practice, or protocol that is used to

address the hazard via a JHA.

• Training must be provided to staff for any equipment, engineered process,

administrative control, or PPE that was identified and developed through the JHA to

address the social distancing requirements or alternative policies, practices, or protocols

implemented when social distancing is infeasible/impractical.

• When face coverings are required by the Governor’s Directives or the Emergency

Temporary Standard, a JHA is required in instances where employers recognize that the

use of a face covering is either infeasible or creates a greater hazard as a result of a

documented medical condition or ADA accommodation. In those instances, the JHA

should identify the infeasibility or greater hazard, and articulate specific steps to provide

employees with a degree of protection that is at least as effective as the face covering

requirement.

Congregation of Employees

• Stagger break times in high-population workplaces, or provide temporary break areas

and restrooms to avoid groups of unvaccinated workers congregating during breaks.

Unvaccinated workers should maintain at least 6 feet of distance from others at all

times, including on breaks. (Recommended/ Ref. Protecting Workers: Guidance on

Mitigating and Preventing the Spread of COVID-19 in the Workplace | Occupational

Safety and Health Administration (osha.gov), available at:

https://www.osha.gov/coronavirus/safework.)

Sanitation

• Clean surfaces with products containing soap or detergent to reduce germs by removing

contaminants and decreasing the risk of infection from surfaces.

o When no people with confirmed or suspected COVID-19 are known to have been in

a space, cleaning once a day is usually enough to sufficiently remove viruses that

may be on surfaces and help maintain a healthy facility.

• Disinfect using U.S. Environmental Protection Agency (EPA)’s List N disinfectants to kill

any remaining germs on surfaces, which further reduces any risk of spreading infection.

Each business needs to evaluate if disinfection is needed in shared spaces when the

following conditions exist:

o High traffic area;

o High transmission of COVID-19 in the community;

o Low vaccination rates in the community;

o Infrequent use of other prevention measures, such as mask-wearing (among

unvaccinated people) and hand hygiene; and/or

o The space is occupied by people at increased risk for severe illness from COVID-19.

(Required/Ref. Centers for Disease Control and Prevention, available at:

https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-

facility.html.)

• If there has been a sick person or someone who tested positive for COVID-19 in your

facility within the last 24 hours, clean and disinfect the spaces they occupied.

(Required/Ref. Centers for Disease Control and Prevention, available at:

https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-

facility.html.)

Monitoring Health Status of Employees

• Instruct any workers who are infected, unvaccinated workers who have had close

contact with someone who tested positive for COVID-19, and all workers with COVID-19

symptoms to stay home from work to prevent or reduce the risk of transmission of the

virus that causes COVID-19. Follow the latest CDC guidelines on quarantine and

isolation, available at: https://www.cdc.gov/coronavirus/2019-ncov/your-

health/quarantine-isolation.html.

• Ensure that absence policies are non-punitive.

• Eliminate or revise policies that encourage workers to come to work sick or when

unvaccinated workers have been exposed to COVID-19.

(Recommended/ Ref. Protecting Workers: Guidance on Mitigating and Preventing the

Spread of COVID-19 in the Workplace | Occupational Safety and Health Administration

(osha.gov), available at: https://www.osha.gov/coronavirus/safework.)

Further, any guidance, protocol, plan, or regulation that is produced by the State of Nevada or a

local government, if more restrictive, shall be enforced by Nevada OSHA per Section 7 of

Declaration of Emergency #044. Following these guidelines does not constitute, and is not a

substitute for, compliance with all laws and regulations applicable at any particular time.

Individuals and businesses are responsible for ensuring that they comply with all laws and

regulations that apply to them, including, but not limited to, federal and state health and safety

requirements. Additionally, compliance with this guidance does not ensure prevention of

spread of infections from COVID-19 or any other cause.

Additional Resources

For further guidance, please see the following links:

• Federal OSHA COVID–19 Prevention Program resources

o https://www.osha.gov/coronavirus/safework

o https://www.osha.gov/coronavirus/guidance/industry

• Centers for Disease Control and Prevention

o https://www.cdc.gov/coronavirus/2019-nCoV/index.html

• State of Nevada- https://nvhealthresponse.nv.gov/

• Mine Safety and Health Administration: https://www.msha.gov/coronavirus

• Nevada OSHA Information: http://dir.nv.gov/OSHA/Home/