Nevada Expands Mandatory Occupational Safety Training To Conventions And Trade Shows

Author:Mr Rick Roskelley and Sandra Ketner
Profession:Littler Mendelson

In 2009, Nevada implemented mandatory safety training for employees performing work on construction sites. In 2017, Nevada expanded that mandatory safety training to include employees involved in the presentation or production of live entertainment, filmmaking or photography, television programs, sporting events, or theatrical performance. Through the recent passage of Senate Bill No. 119, the Nevada Legislature once again expanded mandatory safety training — this time to now include employees performing work at sites primarily used for trade shows, conventions and related activities. Senate Bill No. 119 overwhelmingly passed both the Nevada Senate and Assembly and was signed into law by Governor Sisolak on May 21, 2019.

The new law requires affected employers to provide certain training to covered workers, and more extensive training to supervisors. The bill differentiates between a "worker" and a "supervisory employee" and explicitly does not apply to a volunteer or any person who is not paid to perform work. Any "person whose primary occupation is to perform convention services work at a site" is a "worker." The definition expressly excludes any person whose primary occupation is to perform catering, janitorial, photography, or security services, or to provide, maintain or arrange floral decorations or displays. "Convention services work" is described as constructing, installing, maintaining, operating or removing trade show or exhibition displays, loading or unloading equipment and materials, erecting or dismantling booths and structures, rigging display areas, and installing temporary electrical power for use in display areas. By contrast, "any person having authority in the interest of the employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, to adjust their grievances, or effectively to recommend such action" is a "supervisory employee," if the employee's exercise of authority requires independent judgment and occupies a significant portion of the person's workday.

The new law requires all "workers" to complete...

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