08DOA-S2294 State Administration Manual Sections 0521 and 0524.pdf

0521 Safety and Health Program

Each department is responsible to develop and implement a safety and health program for

State of Nevada employees and volunteers, consistent with the requirements of Nevada

Revised Statutes, Chapter 618 and the guidelines established by the Risk Management

Division. The Director is responsible to ensure that each Division, therein, adheres to the requirements established for ongoing implementation of the program.

The Risk Management Division is responsible to monitor the effectiveness of these programs;

review program activities; publish an annual report including comparative statistical information; provide technical assistance to agency representatives; and to identify injury trends and high-risk activities and take the necessary action to coordinate, develop and implement a plan for risk reduction. The Risk Management Division is prepared to coordinate general employee/supervisor safety training, assist with Safety Committee activities, facilitate special projects involving common safety issues among multiple agencies and provide general assistance for effective program implementation.

Division head responsibilities include:

1. Safety Coordinator - Designate a safety coordinator/s to oversee and facilitate the safety efforts of their agencies. This coordinator should have direct access to the agency head or deputy; be given proper authority to ensure that all employees cooperate with the program and be provided ample time to perform the duties of the position, adjusting requirements of other duties if necessary. Risk Management must be notified, in writing, of any changes in the assignment of the Agency Safety

Coordinator.2. Written Safety Program - Develop, maintain, monitor and revise, as necessary, a written systematic program of safety and health as outlined by NRS

618.383 and related sections of Chapter 618 of NRS and NAC. This program must include the following:

a. Policy: A statement outlining the agency's commitment to the program with specific responsibilities assigned to all levels of employees to ensure that the various elements of the program are carried out. Safety responsibilities must be included in work performance standards.

b. Safety Inspections: Outline of a plan for informal and formal safety inspections to be conducted on an ongoing basis. Noted hazards must be corrected in a timely manner with responsibilities for corrective action specifically assigned. Agencies can request assistance from the Risk Management Division, Safety Consultation and Training

Section (SCATS) of the Division of Industrial Relations or the State Fire Marshal ’s

Office in completing inspections.

c. Safety Training: Outline of a safety training plan for all employees, including mandatory training for managers, supervisors, and other agency designated staff which includes applicable OSHA required training, topics identified by Risk

Management and any other safety issues that have caused recurring injuries within the agency. Annual refresher training should be provided. Records must be http://leg.state.nv.us/NRS/NRS-618.html http://leg.state.nv.us/NRS/NRS-618.html http://leg.state.nv.us/NRS/NRS-618.html http://leg.state.nv.us/NRS/NRS-618.html#NRS618Sec383 http://leg.state.nv.us/NRS/NRS-618.html#NRS618Sec383 http://leg.state.nv.us/NRS/NRS-618.html http://leg.state.nv.us/NAC/NAC-618.html http://4safenv.state.nv.us/index.htm http://4safenv.state.nv.us/index.htm http://4safenv.state.nv.us/index.htm http://fire.state.nv.us/ http://fire.state.nv.us/ maintained of these training sessions, including a list of attendees, and be retained for a minimum of 3 years.

Note: Agencies can participate in scheduled safety classes coordinated or provided by the Risk Management Division, contracted consultants or insurance company representatives, Safety Consultation and Training Section (SCATS) of the Division of Industrial

Relations, or the State Fire Marshal’s Office in meeting their safety training needs.

d. Accident Investigation: All minor, serious and near miss accidents with a potential for injury must be immediately investigated by the designated employee and an accident investigation form as prescribed by Risk Management (RM-ACCINV-) completed. The necessary corrective action to eliminate the cause of the injury must be assigned and completed in the timeliest manner possible. Copies of accident investigation reports must be forwarded to the Risk Management Division upon request.

e. Safety Rules: Specific safety rules pertinent to the unique circumstances of each agency must be adopted, revised and consistently enforced by supervisors.

3. Safety Committees – Agencies that have 25 or more employees statewide are required to establish an internal safety committee. These committees must include employee representatives that are elected by their peers, if any of the employees in the agency are enrolled in a labor organization. The committee members, not appointed by agency management, should elect the chair of the committee. Frequent meetings should be conducted, but not less than quarterly.

a. Agencies that have locations with 50 or more employees should establish separate committees or subcommittees to the general committee at these locations.

b. If a State building or complex establishes a safety committee, representatives from all agencies regardless of the size must participate. All agency representatives must participate in scheduled evacuation drills coordinated by safety committees.

c. Agencies with less than 25 employees that are not required to establish a safety committee must allow for suggestions and input regarding safety issues in their general meetings.

4. Alert Risk Management of dangerous situations that are beyond the control of the agency to be corrected or otherwise be resolved in a timely manner. Examples of this may include lack of cooperation from another agency that threatens the safety of employees or the general public, dangerous materials or faulty equipment that cannot be immediately corrected, unforeseen hazards or conditions that arise or are discovered for which funds are not available to correct, or existence of dangerous conditions in buildings or areas of operation that arise during construction or result from some type of natural disaster.

5. Cooperate with Risk Management in the investigation of accidents, unsafe conditions, scheduled audits of program activities and submit activity reports as requested.

6. For additional information refer to NRS 618.295 and Chapter 618 of the Nevada

Administrative

Codes.

7. Ergonomic Equipment - Identify and request adequate funds to obtain the appropriate equipment and tools necessary for employees to safely perform their job duties. Standard ergonomic equipment should be provided to employees who perform sedentary and repetitive motion duties for greater than 50% of their average workday. This equipment generally includes an adjustable workstation, adjustable chair, articulating keyboard, headset, wrist rests, footrest, copyholder and glare screen. Employees who are not within the normal height and weight range or who have disabilities may need special equipment.

Consideration should be given to the use of voice activated software systems, when appropriate, for positions that require extensive data entry. Automated equipment including, but not limited to, electric staplers and automatic date stamps should be provided whenever possible to prevent repetitive motion injuries. Agencies should utilize vendors that take appropriate measurements in recommending equipment/furniture, provide employee/supervisor training, and utilize credentialed/certified personnel in this assessment/training. In the event that an unanticipated need arises, an agency can request financial assistance from the Risk Management Division to prevent immediate injury to an employee. In order to request financial assistance from

Risk Management, the agency must follow the procedures found within the Division's website under

Safety/Ergonomics.

8. Workplace Violence - A specific section must be included in the safety program to address the prevention of and response to workplace violence, based on the guidelines established by the Risk Management Division and Attorney General’s Office. Agency management must initiate immediate intervention when direct threats of violence are reported by employees. Indirect threats, intimidation, harassment or hostile behaviors must not be tolerated and must be promptly and appropriately addressed. If a significant workplace violence incident occurs, agency management must report it to the Risk

Management Division as soon as practical for coordination of appropriate critical incident stress debriefing for employees and their families. Public statements to the press should be restricted to specific and appropriate personnel. Note: The Risk Management Division has established a fund to assist agencies in obtaining fitness for duty exams, upon request and approval, for potentially violent or unsafe employees that present an imminent and significant security or liability threat to the agency.

9. Indoor Air Quality - A specific section must be included in the written safety program to address the prevention of and response to complaints and reports of indoor air quality problems. Each agency must follow the policy and guidelines developed and adopted by the

Risk Manager. All investigations related to indoor air quality issues must be coordinated through the Risk Management Division.

http://leg.state.nv.us/NRS/NRS-618.html#NRS618Sec295 http://leg.state.nv.us/NAC/NAC-618.html

0524 Workers’ Compensation

Policy and Premium - The Risk Management Division is responsible to obtain an insurance policy for and pay premiums on behalf of all agencies within the Central Payroll System.

The Risk Management Division is the designated representative for all policy and claims issues. Rates are assessed to each budget account per $100 of payroll through the payroll system. Claim deductibles may be established and assessed to agencies at the discretion of the Risk Manager, with due notice to affected agencies, to promote loss prevention and cost control. Premiums due for Volunteers, Board members, interns, inmate, cadet or community service workers or any other State employee not paid through the Central Payroll system are solicited quarterly from identified agencies.

Agency Responsibilities:

1. Notify Risk Management when there is a change in the nature of work being performed, a new budget is added or an old budget inactivated, a Board or

Commission is established or volunteers, interns, inmates, cadets or community service workers are utilized at any time during a quarter.

2. Submit quarterly reports and premium payments to Risk Management as requested for volunteers, Board Members, interns, inmates, cadets, community service workers or other employees not paid through the Central Payroll

System.

3. Provide updated applications, job descriptions and Memoranda of Understanding as requested by

Risk Management.

4. Maintain a roster of volunteers, inmate labor, community service workers, interns, cadets or board members not paid through the Central Payroll System.

Managed Care Organizations - Injured employees, who reside in a county where the commercial insurance company has established managed care for workers’ compensation, are required to seek medical treatment for injuries and occupational diseases from a physician contracted with the Managed Care Organization, unless there is not a provider within 20 miles of the employee’s residence.

1. Provide information to employees on their rights and responsibilities in regard to the

Managed

Care Organization and maintain updated list of physicians included on the panel.

2. Assist employees, as necessary, in obtaining information and medical treatment.

Claims Reporting

1. Employees are required to immediately report all injuries and accidents to their supervisor, regardless of the degree of injury. They must complete a Notice of Injury

(C-1 form) within 7 days of any injury or accident that occurs on the job for which http://risk.nv.gov/uploadedFiles/risknvgov/content/Workers_Comp/Complete_c-1_1_emp.pdf http://risk.nv.gov/uploadedFiles/risknvgov/content/Workers_Comp/Complete_c-1_1_emp.pdf immediate medical treatment is not obtained as per NRS 616C.015. Failure to complete this form in the required time frame will result in the possibility of any claim submitted for an injury thereafter to be denied.

a. Provide sufficient supply of C-1 forms at all locations and operations for easy access by employees.

b. Educate employees on their responsibility to complete this form and the consequences of refusing to complete it.

c. Notify the insurer when the required Notice of Injury Form (C-1) was not completed within the required 7 days, if a claim is submitted after this time period.

d. Send a copy of the C-1 Form to the insurer ONLY if a claim was initiated and the C-1 form was not completed within the established time frame.

e. Maintain records of all C-1 forms for three years.

f. Ensure that employees losing time from work due to their injury do not receive both compensation benefits from the insurer and full-accrued leave concurrently. Employees can use their accrued leave to make up the difference between their compensation benefits and regular salary; however, they cannot receive more than 100% of their regular wage. A leave choice option form can be obtained from Risk Management to assist agencies in complying with this requirement. Once completed the form is to be provided to the insurer.

g. Supervisors must document an investigation of all accidents. All completed accident investigation forms will be forwarded to Risk Management. The investigation form will be forwarded to the insurer should the employee seek medical attention.

2. When appropriate, employees should be directed to or assisted in obtaining prompt medical attention.

3. Agency supervisors or other designated representatives are required to complete and submit an Employers' Report of Injury (C-3 Form)to the insurer within 6 working days after the receipt of a Physician's Report of Injury (C-4 Form) for an employee who has sought medical treatment for an on the job injury or occupational disease. Employers who fail to return this form within the established time frame are subject to a fine from the Division of Industrial Relations.

Note: Ideally this form should be completed at the time the employee reports the injury and states their intent to seek medical treatment. This report can be faxed to expedite this process.

4. If the validity of the claim is doubted or there are extenuating circumstances, the agency is expected to provide complete and detailed information at the time this C-

3 form is submitted.

http://leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec015 http://risk.nv.gov/Workers_Comp/SupervisorForms/

5. Forward a copy of all C-3 Forms to Risk Management.

6. If an accident results in a serious injury, fatality, or requires hospitalization of three or more employees, the Risk Management Division and the Occupational Safety and

Health Enforcement Section of the Division of Industrial Relations must be called immediately (within eight hours of notification of accident).Claims Management

1. Each agency head must assign a designated employee to review and monitor all claims activity.

The guidelines established by the Risk Management Division must be followed.

2. If the agency has factual information that the employee has a preexisting condition that could have affected the severity of the resulting injury or occupational disease and this was not noted on the C-4 form, this information should be forwarded to the Risk

Management Division and the insurer with a request for Subsequent Injury Review.

3. The designated agency representative shall work closely with the insurer to ensure that all claims are being handled promptly and efficiently.

4. Technical assistance and/or representation at the hearing/appeal is available from

Risk Management, upon request, when sensitive, serious or complex claims issues arise. The Risk Management Division may initiate hearings and appeals when the potential for a high cost or precedent setting claim issues occur. Agencies shall cooperate with the Risk Management Division when this action occurs.

Early Return to Work Program

1. All agencies must follow the guidelines of the Early Return-to-Work Program developed by the Risk Management Division and closely monitor the progress of the injured employee to assist in the speedy return to work.

2. Modified duty must be provided whenever possible and if the agency cannot accommodate the injured employee, the agency must contact the Department

Personnel Officer or Risk Management Division to locate an appropriate position from the pool of modified duty jobs. Refer to Nevada Administrative Code 284.600 -

6008 for additional requirements.

3. Injured employees who are unable to return to their former position have reemployment rights within the Department of the Division that they are injured in, for up to a maximum of one year. NAC 284.6014 - 6019.

4. Agencies must interview injured employees unable to return to their former positions, from other Departments that are referred by State Personnel and give special consideration to hiring them for vacant positions that they are qualified to perform.

5. Employees on temporary assignment as per NAC 284.6004 may be extended beyond the 90-day limitation providing the injured employee is performing 51 percent or more of their regular job duties. The extension shall be limited to one additional 90 days.

6. Agencies who have employees who were injured (on-the-job) on July 1, 2001 or later, and subsequently miss 30 consecutive days of work due to that injury will be assessed a $1,000 deductible by the Risk Management Division. Catastrophic or unusual claims will be considered on a case-by-case basis.

http://leg.state.nv.us/NAC/NAC-284.html#NAC284Sec600 http://leg.state.nv.us/NAC/NAC-284.html#NAC284Sec600 http://leg.state.nv.us/NAC/NAC-284.html#NAC284Sec6004

Contagious Diseases

1. Agencies that have employees who are considered to be “occupationally exposed” to blood borne pathogens in accordance with 29 CFR 1910.1030 must establish an exposure control plan. The plan will be specific to each site within their agency.

Procedures for reporting exposures and subsequent testing within 72 hours as per NRS

617 will be addressed in the exposure control plan.2. Agencies which have employees who are required to be tested for contagious diseases as per NRS 616C.052 shall ensure they have written procedures to comply with this statute. Each agency must request adequate funding to pay for the required screening tests.

Employee Medical Examinations/Services

1. The Risk Management Division is responsible to secure and oversee Statewide contracts with Medical Providers/Clinics on behalf of all agencies who are required to provide physical exams for police/fire employees pursuant to NRS 617.455 and

617.457, and other medical exams, screening tests or immunizations required by

OSHA, EPA or DOT for all agencies who are required to provide these services.

2. Each agency that is required to provide these exams must utilize the contracted providers, unless a waiver is granted by the Risk Management and Budget Divisions.

3. Each agency must follow the guidelines established by the Risk Management

Division for the types and frequency of exams, screening tests or immunizations.

4. Each agency must request adequate funding to pay for the required medical exams, screening tests or immunizations.

5. Agencies who employee job positions as identified in NRS 617.135 shall ensure that duties of employees as defined in NAC 617.080 are followed with individuals who are identified to have predisposing risk factors for heart and lung disease. Agencies must cooperate with the Risk Management Division in matters dealing with their employee’s predisposing risk factors, including the delivery of correspondence from

Risk Management to employees with identified risk factors and returning an acknowledgment receipt form for the correspondence to Risk Management within 60 working days.

6. Each agency that has employees who are required to have physicals under NRS 617.445 and

617.457, shall establish procedures related to the physical exam process based on the guidelines developed by the Risk Management Division and for personnel who are determined to be unfit for duty by the evaluating physician.

7. Hearing examination results must meet the Council for Accreditation in Occupation

Hearing

Conservation guidelines for the ability to hear normal speech (55dB threshold at frequencies 500

Hz, 1000 Hz, and 2000 Hz in the better ear with hearing aids). Hearing level thresholds less than

55db in the better ear are expected to jeopardize an employee’s ability to safely perform their job duties. Agencies must develop procedures to address fitness for duty issues when levels do not meet this threshold.

8. Hearing examinations conducted pursuant to NRS 617.454 that identify a standard http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10051 http://leg.state.nv.us/NRS/NRS-617.html http://leg.state.nv.us/NRS/NRS-617.html http://leg.state.nv.us/NRS/NRS-616C.html#NRS616CSec052 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec455 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec457 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec135 http://leg.state.nv.us/NAC/NAC-617.html#NAC617Sec080 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec445 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec445 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec457 http://leg.state.nv.us/NRS/NRS-617.html#NRS617Sec454 threshold shift of 10dB at frequencies 2000Hz, 3000Hz, and 4000Hz shall be referred to an appropriate medical specialist in accordance with 29 CFR 1910.95.

Agencies that do not have adequate funding to pay for these services can request financial assistance from the Risk Management Division, if a work program or request to IFC is not feasible.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9735