August 2011

Facing charges of ineffectiveness and an overall failure to protect Nevada workers, Nevada OSHA, has come under fire recently from both the media and the federal government. In response, Nevada OSHA has effected changes to its investigative practices that could spell trouble for unwary and unprepared employers.

As reported in the Las Vegas Review Journal

In response to external and internal reviews of the operation and effectiveness of OSHA’s Whistleblower Protecton Program, OSHA has announced significant changes in how the Agency runs the program.  OSHA enforces the whistleblower provisions of 21 different statutes, including Section 11(c) of the OSH Act and other workplace and environmental safety and health laws.

The significant changes

In a newly released letter of interpretation, OSHA has concluded that "therapeutic exercise" recommended by a health care professional in response to minor work-related "pain" constitutes medical treatment under OSHA’s recordkeeping rule.

OSHA was asked whether exercises recommended for a short period of time by an on-site health care professional when an employee is experiencing minor