618.336 - Record and logbook of complaints received from employees: Maintenance; contents; accessibility; retention.
618.336 Record and logbook of complaints received from employees: Maintenance; contents; accessibility; retention.
1. The Division shall maintain a record of all oral complaints it receives under this chapter from employees or representatives of employees. The record must include a summary of the substance of each such complaint, a listing of any evidence offered to support the complaint, the date the employer was notified of the complaint and a notation of the action taken by the Division as a result of the complaint. The Division shall submit the record quarterly to the Advisory Council of the Division for review and comment.
2. In addition to the records maintained pursuant to subsection 1, the Division shall maintain a separate logbook which contains a notation of:
(a) Each oral or written complaint filed by an employee or a representative of employees alleging the existence of an imminent danger or a violation of a safety or health standard that threatens physical harm;
(b) The action taken by the Division in response to each such complaint, including, as the case may be, a notation of the fact that:
(1) A special investigation was not made because the complaint was found to be groundless after a preliminary investigation;
(2) A special investigation was made which resulted in a finding that the complaint was based on reasonable grounds and the Division took such action as was deemed appropriate; or
(3) A special investigation was made which resulted in a finding that the complaint was not based on reasonable grounds;
(c) Each citation issued by the Division to an employer and the reason for its issuance;
(d) Each inspection performed regarding the employer; and
(e) Each penalty imposed by the Division on an employer and the reason therefor.
3. The Division shall respond to oral or written requests about the information contained in or compiled from the logbook and otherwise act as necessary to disseminate the information which is required to be compiled pursuant to this section. The logbook maintained pursuant to subsection 2 must be open to public inspection during the Division’s regular hours of operation.
4. The Division shall retain the records pertaining to its investigations and the records entered in the logbook maintained pursuant to this section for at least 5 years.
(Added to NRS by 1989, 467; A 1993, 1880)