Nevada OSHA Adopts New, Punitive ”Severe Violators Enforcement Program”

SWLaw.com by Charles P. Keller, Dawn L. Davis, and Tyler V. Thomas 

Nevada – Federal OSHA has long had a Severe Violators Enforcement Program (“SVEP”), intended to target employers who demonstrate “indifference to their OSH Act obligations by willful, repeated, or failure-to-abate violations.” Until recently, many states maintaining their own OSHA plans, so called “State Plan” states, have resisted enforcement of an SVEP program in their own jurisdictions. In October 2022, NV OSHA signaled its intention to implement and enforce an SVEP program into its own state plan. The Nevada SVEP program is identical to that of Fed OSHA, including the requirement that employers placed in the SVEP program have their names published to the public, and are listed in a NV OSHA tracking document as a severe violator. For the full text, click here.