Recent changes to accident reporting laws add important new obligations for Nevada employers when an employee gets seriously hurt on the job. When an employee is critically injured or killed in an accident, it can be easy to forget statutory reporting requirements amidst the flurry of insurance paperwork, potential need to cooperate with law enforcement, and concerns for the wellbeing of the affected employees and their families. But employers need to remember that a report must be filed with the Nevada Division of Industrial Relations very quickly following a major accident to ensure that state inspectors have access to fresh evidence and information.
New accident reporting deadlines and scope
Assembly Bill 24 went into effect on October 1, 2017, amending the reporting rules set out in NRS 618.378 to bring Nevada into line with federal rules. The new rules retain the long-standing obligation of an employer to report an accident involving an employee fatality within 8 hours of learning of the accident. But Assembly Bill 24 changed the reporting deadline and scope of reportable non-fatal accidents.
Unlike the old rule, which only required reports for accidents involving three or more employees, the new law requires employers to report a serious accident involving even one employee. Reportable injuries include anything requiring the employee’s inpatient hospitalization, amputation of part of an employee’s body, or the loss of an eye. Employers must report all such accidents to the Division of Industrial Relations within 24 hours after first learning of the accident. Although the change from the old 8-hour deadline for reporting non-fatal accidents is a welcome reprieve for employers, it still leaves little time for compliance.
What goes into an accident report
An accident report to the Division of Industrial Relations needs to specify the name of the employer, the location and time of the accident, the number and names of employees with reportable injuries, a brief description of the accident, and the name of a contact at the employer. The Nevada Occupational Safety and Health Administration is instructing employers to report accidents by phone. After the report is filed, the law provides that an inspector from the Division of Industrial Relations will inspect the scene of the accident within 8 hours.
For decades, GGRM has been helping members of the Las Vegas community work through the challenges associated with workplace injuries. We are here to help workers who are injured protect their rights and get the care they deserve. If you or a love one has been injured on the job, we’d like to help. For a free consultation with one of our attorneys, give us a call at 702-388-4476 or visit our website.