Federal OSHA (“Fed OSHA”) has long operated a Severe Violators Enforcement Program (“SVEP”). This program is aimed at employers whose actions demonstrate what could be seen as indifference to their obligations under the Occupational Health and Safety (OSH) Act. Such indifference could be characterized by willful, repeated, or failure-to-abate violations.
Thus far however, most states that maintain their own OSHA plans, known as “State Plan” states, have resisted incorporating an SVEP program into their own jurisdictions. Dramatic policy change is on the horizon as Nevada OSHA (NV OSHA) announced in October 2022 its decision to implement and enforce an SVEP program of its own. The adoption of such implementation is a significant deviation from NV OSHA’s previous stance on the matter.
This decision by NV OSHA marks an important development in the enforcement of workplace safety standards. Legal professionals must navigate this new landscape, considering its implications for their respective firms or corporations. Industries affected by this change need to understand and effectively manage their obligations under the new SVEP to avoid punitive measures.
The article explaining NV OSHA’s decision has been published by Snell & Wilmer, a leading law firm with comprehensive knowledge on the subject.