Section 230-6-001 - General responsibilities and administrative proceduresA. This regulation is issued by the Department of Labor, State of Nebraska, pursuant to LB 757 (Laws, 1993), referenced in the Nebraska Statutes at Neb. Rev. Stat. ' 48-443, et seq. These regulations apply to Nebraska's public and private employers subject to workers' compensation and are meant to comply with requirements of the National Labor Relations Act.B. Summary. Neb. Rev. Stat. ' 48-443, et seq. requires public and private employers subject to Nebraska's Workers' Compensation Act to establish safety committees and it creates the Workplace Safety Consultation Program which requires the Department of Labor, Office of Safety and Labor Standards to provide an inspection/consultation of worksites to help develop occupational safety and health programs for employers with high frequency or severity rates of work-related injuries. The law provides that penalties be assessed for failure to establish a safety committee and refusal of entry for inspections.
The regulation creates program components and prescribes the manner and means of program distribution, implementation, and evaluation. This regulation provides that the Department of Labor will perform inspections of high-frequency employers referred by the Workers' Compensation Court and the Department of Insurance in exchange for fees borne by each employer for those services to ensure that the Workplace Safety Consultation Program covers costs of administration.
C. Confidentiality. All records made or maintained in accordance with these regulations shall be kept confidential by the Department in accordance with the provisions of Neb. Rev. Stat. ' 48-612. All other parties allowed access to records shall only use such information for the purposes of the Act.
D. Definitions. The Nebraska Department of Labor adopts the following definitions:
1. "Abandoned Mine" means deserted mine areas where all work has stopped and further work is not evident or intended.2. "Abate or Abatement" means to eliminate hazards identified by the Nebraska Department of Labor.3. "Abatement Report" means a final written verification by the employer, provided to the Nebraska Department of Labor by the employer, that all hazards have been corrected, necessary programs have been initiated, and payment by the employer for inspection/consultation services provided by the Nebraska Department of Labor has been made.4. "Act" means the Williams-Steiger Occupational Safety and Health Act (OSHA) of 1970 [see, 29 CFR 1901.1- 1910.999, 29 CFR 1920.1000, et seq. for general industry; 29 CFR 1926 for construction] and/or the Mine Safety and Health Act (MSHA) of 1977 [see, 30 CFR, Parts 47 - 48, 50, and 56 - 57 for surface and underground metal and non-metal mines]. OSHA references may be obtained by calling 1-800-642 -8963 or by writing to:
U.S. Government Bookstore
120 Bannister Mall
5600 E. Bannister Road
Kansas City, MO 64137
(816) 765-2256
MSHA references may be obtained by calling 202-783-3238 or by writing to:
Superintendent of Documents
Government Printing Office
Washington, D.C. 20402
5. "Active Working Mine" means an area at, in, or around a surface or underground metal or non-metal mine or plant where employees work or travel.6. "Administrative Hearing" means regulations already adopted under 230 NAC 3 by the commissioner for appeals, contested determinations, orders, etc.7. "Administrative Subpoena" means the same as described under "administrative hearing".8. "Business Establishment" means: (a) location where business is conducted or where services or industrial operations are performed, or (b) where the employer maintains records necessary to provide evidence of employer compliance with rules and regulations adopted by the Nebraska Department of Labor.9. "Commissioner" means the Nebraska Commissioner of Labor.10. "Complaint" means information, oral or written, provided to the employers safety committee, or the Nebraska Department of Labor, describing an unsafe or unhealthy conditions which the complainant believes to be true.11. "Consultation" means those services provided by the Nebraska Department of Labor for a fee under Neb. Rev. Stat. ' 48-443, et seq., upon the request by an employer for assistance with occupational safety and health issues, to help establish and maintain compliance with federal OSHA or MSHA regulations.12. "Department" or "Department of Labor" means the Nebraska Department of Labor.13. "Determination Letter" means a written decision by the Commissioner regarding corrective action with respect to discrimination complaints.14. "Discrimination Complaint" means information provided from an employee to the Department based upon an alleged employer reprisal for a complaint made by the employee to the Nebraska Department of Labor and/or safety committee.15. "Division" means the Office of Safety and Labor Standards of the Nebraska Department of Labor and its personnel or designated representatives.16. "Enforcement Authority" means, OSHA, MSHA, or that authority having the most responsibility or control over workplace safety and health conditions, such as Governor, Mayor, County Commissioner, Superintendent of Schools, Board of Directors, Special Districts, etc.17. "Entry" means, for purpose of inspection, to gain access by the state's representative to the employer's entire work site, necessary personnel, and all records and documents required by the law.18. "Fee" means payment by an employer for, but not limited to, consultations, inspections, and investigations to administer the Workplace Safety Consultation Program.19. "Fiscal Year" means the twelve-month period beginning July 1 and ending June 30.20. "A Fixed Site" means a single physical location where business is conducted or where services or industrial operations are performed.21. "Frequency" means the number of compensable injuries and occupational diseases reported to the Workers' Compensation Court during a calendar year that result in a finding of a compensable injury pursuant to Nebraska's Workers' Compensation Law.22. "Hazard" means any existing or potential condition in the workplace that, by itself or by interacting with other variables, can result in death, injury, property damage, and other loss.23. "High Frequency Employer" means an employer identified and referred to the Department of Labor, by the Department of Insurance and/or Workers' Compensation Court.24. "Illness" shall mean occupational Illness consisting of any abnormal condition or disorder other than one resulting from an occupational injury caused by exposure to factors associated with employment. The following list provides, but is not limited to, five categories of occupation illnesses and disorders that are often used for classification occupational illnesses:
a. Occupational skin diseases or disorders.b. Dust diseases of the lungs.c. Respiratory conditions due to toxic agents.d. Poisoning (systemic effects of toxic materials).e. Disorders due to physical agents other than toxic such as heat exhaustion and frostbite.25. "Imminent Danger" means any condition or practice which does not meet recognized industry standards in any place of employment which are such that immediate danger exists which could reasonably cause unexpected death or serious injury. (Requires abatement.)26. "Incidence Rates" means the number of injuries and/or illnesses or lost workdays per 100 full-time workers and are calculated as (N/EH) X 200,000 where: N= number of injuries and/or illnesses or lost workdays
EH= total hours worked by all employees during the calendar year
200,000= base for 100 full-time equivalent workers (working 40 hours per week, 50 weeks per year)
27. "Inspection" means the worksite evaluation, or any follow-up evaluation, for a fee, of a place of employment of a high-frequency employer referred by the Department of Insurance and/or the Workers' Compensation Court to the Department of Labor to assist the employer with occupational safety and health issues by establishing and maintaining compliance with federal OSHA or MSHA regulations.28. "Law" means Neb. Rev. Stat. ' 48-443, et seq.29. "LWDI" means Lost Workday Injury Rate.30. "MSHA" means the federal Mine Safety and Health Act.31. "Multiple Work Sites" means where employers have their employees perform services in more than one location.32. "Non-fixed Site" means all geographical sites or locations within Nebraska where construction, drilling, or other movable operation is being performed by the employer.33. "Notice of Appearance" means the written notice of the Department of its intent to interview employees and members of the employer's safety committee that may have information relating to an employee complaint that allegedly resulted in discharge or discrimination. Such notice of appearance shall be contained in the employer notification letter which is sent to an employer by the Department to initiate an investigation.34. "Occupational Injury" means any injury such as a cut, fracture, sprain, amputation, etc., which results from a work accident or from a single instantaneous exposure in the work environment.35. "OSHA" means The Occupational Safety and Health Administration within the federal government.36. "Other-than-serious Violations" means a dangerous condition where accident or illness would most likely result but would probably not cause death or serious injury, but would have a direct and immediate relationship to the safety and health of employees.37. "Personal Protective Equipment (PPE)" means, but is not limited to, eye and ear protection, safety shoes, hard hats, gloves, belts, etc.38. "Private Employer" means a person engaged in a business affecting commerce who has employees, defined for workers' compensation purposes, but does not include the federal government or the state or its political subdivisions.39. "Public Employer" includes the state and its political subdivisions, but does not include the federal government.40. "Recordable Injuries and Illness" means any occupational injuries or illnesses which result in: a. Occupational deaths, regardless of the time between injury and death, or the length of the illness; orb. Nonfatal occupational illnesses; orc. Nonfatal occupational injuries which involve one or more of the following: loss of consciousness, restriction of work or motion, transfer to another job or medical treatment (other than first aid).41. "Safe" and "Safety" means, as applied to any employment or place of employment, freedom from danger as is reasonably necessary to control, reduce or eliminate recognized dangers and harmful exposures for the protection of employees, including, but not limited to, conditions and methods of sanitation and hygiene.42. "Serious Hazard" means a substantial probability that death or serious physical harm will result from a condition which exists from one or more practices, means, methods, or operations, within places of employment. (Requires abatement.)43. "SIC" and "SIC Code" means the Standard Industrial Classification code referenced in the Executive Office of Management and Budget "Standard Industrial Classification Manual", incorporated herein by reference, used to classify employers and groups of employers. This publication may be obtained from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (Order No. PB-100012).44. "State Representative" means an inspector/consultant/investigator or other designee of the Commissioner employed by the Department acting on behalf of the Commissioner.45. "Violation" means noncompliance with any statute or provision of the Department's regulations.46. "Willful Violation" means a violation or omission that exists under either the OSHA or MSHA Act where the evidence shows either an intentional violation of either the OSHA or MSHA Act or indifference to its requirements. (Only those employers covered by OSHA or MSHA will be referred.) Employers referred by the Department to Federal enforcement for noncompliance may be considered by enforcement to have willful violations within their workplace.47. "Worksite" means where employers have their employees perform services.230 Neb. Admin. Code, ch. 6, § 001