NAC618.6494. Abatement: Certification; exemption.

     1. Except as otherwise provided in subsection 3, within 10 calendar days after the date of abatement, an employer shall certify to the Enforcement Section on a form provided or approved by the Division that each violation or hazard set forth in a citation has been abated.

     2. If required by the citation issued by the Enforcement Section, an employer who provides a certification to the Enforcement Section pursuant to subsection 1 shall submit to the Enforcement Section documents that provide proof of abatement. The documents include evidence of the purchase or repair of equipment, photographs, videotape or other written records acceptable to the Enforcement Section.

     3. An employer is not required to certify to the Enforcement Section that each violation or hazard set forth in a citation has been abated if an inspector, during the on-site portion of the inspection:

     (a) Observes, within 24 hours after the violation or hazard has been identified, that abatement has occurred; and

     (b) Sets forth in the citation that abatement has occurred.

     4. As used in this section, “date of abatement” means:

     (a) For an uncontested violation or hazard set forth in a citation, the date by which abatement is required pursuant to:

          (1) The citation;

          (2) The written approval from the Enforcement Section; or

          (3) An informal settlement agreement between the employer and the Enforcement Section,

Ê whichever is latest.

     (b) For a contested violation or hazard set forth in a citation for which the Board has issued an order after notice and hearing, the date set forth in:

          (1) The order by which abatement is required; or

          (2) A formal settlement agreement between the employer and the Enforcement Section,

Ê whichever is later.

     (c) For a contested violation or hazard set forth in a citation for which the Board has issued an order after notice and hearing and for which the district court has affirmed the order of the Board, the date by which abatement is required pursuant to the order of the district court.

     (Added to NAC by Div. of Industrial Relations by R142-98, eff. 2-28-2000)