Section 230-6-004 - Inspection/consultation feesA. Employers shall be charged for services provided pursuant to the following fee schedule: 1. For safety consultations/inspections performed on or before August 31, 2002:a. Safety consultation/inspection fee for employers with: 10 or less employees.............................................................$ 200.00
11-25 employees...................................................................$ 375.00
26-100 employees.................................................................$ 550.00
101 or more employees.........................................................$ 750.00
b. Industrial hygienist consultation/inspection fee for employers with: 10 or less employees.............................................................$ 200.00
11-25 employees...................................................................$ 375.00
26-100 employees.................................................................$ 550.00
101 or more employees.........................................................$ 750.00
[See, 230 NAC 6(003)(F)(3)].
c. All actual costs associated with consultations, inspections, or investigations including but not limited to the following:i. Lab tests and supplies,ii. Books, materials, and publications,iii. Copies and printing.d. All follow-up consultations/inspections or investigations will be billed as above.2. For safety consultations/ inspections performed on or after September 1, 2002: a. The inspection/consultation fee for a safety consultation/ inspection shall be $300, plus $ 85.00 per hour for actual on-site inspection time with no additional charge for time spent preparing for the inspection or preparing inspection reports. For billing purposes, time spent at the on-site inspection shall be rounded to the nearest one-tenth of an hour. In the event that more than one safety inspector is present during the safety inspection/consultation, there will be no additional charge. See, also 230 NAC 6(003)(F)(3)].b. The inspection/consultation fee for an Industrial hygienist consultation/inspection shall be $300, plus $ 85.00 per hour for actual on-site inspection time with no additional charge for time spent preparing for the inspection/consultation or preparing inspection reports. For billing purposes, time spent at the on-site inspection shall be rounded to the nearest one-tenth of an hour. In the event that more than one industrial hygienist is present during the inspection/consultation, there will be no additional charge. See, also 230 NAC 6(003)(F)(3)].c. All actual costs associated with consultations, inspections, or investigations including but not limited to the following:i. Lab tests and supplies,ii. Books, materials, and publications,iii. Copies and printing.d. All follow-up consultations/inspections or investigations will be billed as above.3. Discrimination complaint investigations (if employee prevails)................................................................ $ 25.00 /hour4. At the end of each program year, the program operating costs shall be evaluated by the Commissioner and the Commissioner shall issue a report to the Governor as to whether costs recovered are sufficient to maintain the program on a self-funded basis.5. Travel and lodging is included in initial charges and is not an added cost.B. Employers requesting a consultation shall be charged in accordance with 230 NAC 6(004)(A). Additional time may be determined necessary by the consultant and employer, if agreed upon by the employer.C. All costs due to the Department will be paid by the employer when forwarding the final Abatement Report.D. Payment made into the Workplace Safety Consultation Program cash fund shall be made as billed for work performed by the Department. Payment for work and associated costs shall be made by the employer when forwarding the Abatement Report to the Department. Upon satisfactory abatement, along with the employer's certified payment for associated costs, the employer will have complied with the requirements of the law. The Department may make periodic inspections to ensure compliance has been made as indicated by the employers written abatement report. Should the state representative find the employer has not corrected identified hazards or has falsified an abatement report, the state representative may initiate another inspection of which the employer will again incur inspection costs that will include a personal follow-up by the state representative to verify abatement. If an employer's name is referred to the Department by the Workers' Compensation Court or the Department of Insurance for three consecutive years, the Department will again inspect and personally verify correction of hazards. Such costs will be incurred by the employer. Inspections may take place for the same employer by the Department every three years when referred.
E. State representatives shall not personally collect penalties or fees.230 Neb. Admin. Code, ch. 6, § 004