When must an employer train its employees on the use of protective equipment?

When must an employer train its employees on the use of personal protective equipment (PPE)?

Sierra Pack’g v. Chief Ad. Off’r of NOSHA (Nev. Ct. App. – Nov. 16, 2017)

29 C.F.R. § 1910.132(f) requires employers to provide training regarding the use of personal protective equipment to employees exposed to hazards necessitating the use of such equipment. Sierra Packaging and Converting, LLC, argued the Nevada Occupational Safety and Health Administration improperly cited it for violating 29 C.F.R. § 1910.132(f), as no facts established that the subject employees were actually exposed to such a hazard in the course of their work or were required by that regulation to have fall protection training.

Nevada Occupational Safety and Health Administration (NOSHA) received an anonymous complaint alleging that Sierra Packaging and Converting, LLC (Sierra Packaging), violated NOSHA’s health and safety regulations by allowing employees to climb on warehouse racks without personal protection equipment (PPE). Pictures of three employees on the racking without PPE accompanied the complaint.

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Nevada Appellate Courts Advance Opinions for November 16, 2017

Nevada Appellate Courts Advance Opinions for November 16, 2017

IN RE: DISCIPLINE OF CHRISTOPHER READE

  • Does SCR 102 provide for the imposition of a fine when the State Bar Disciplinary Board recommends that an attorney be suspended or disbarred.

FARMER (STEVEN) VS. STATE

  • When can offenses be joined as being committed as parts of a common plan or scheme pursuant to NRS 173.115(2).

HARRIS V. STATE

  • Can counsel’s affirmative misrepresentation regarding filing a postconviction petition and subsequent abandonment of the petitioner be an impediment external to the defense to satisfy cause for the delay under NRS 34.726(1)(a) for filing an untimely petition.

KNICKMEYER V. STATE OF NEVADA

  • Do the provisions of NRS Chapter 289, which are intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals employed by the Eighth Judicial District Court.

SIERRA PACK’G V. CHIEF AD. OFF’R OF NOSHA

  • What standard must the Nevada Occupational Safety and Health Administration utilize to establish employee exposure to hazard.

CITY OF LAS VEGAS VS. DIST. CT. (KAMIDE (STEVEN))

  • Does NRS 50.155(1) impose a duty to limit out-of-court communications between witnesses about their testimony when the witness exclusion rule has been invoked.

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