Neb. Admin. Code tit. 230 — Labor Standards

Chapter 1 Safety Code for Elevators, Escalators and Other Conveyances Used for Passengers or Materials Under the Conveyance Safety Act

Neb. Admin. Code tit. 230, ch. 1 Safety Code for Elevators, Escalators and Other Conveyances Used for Passengers or Materials Under the Conveyance Safety Act {#sec-230-nac-1 omnilex-key=us-ne-regs-official--title-230--230 NAC 1}

1. General.

A. This chapter is adopted pursuant to Neb. Rev. Stat. §§48-2501 to 48-2533, and shall be known as the Nebraska Conveyance Safety Code. A copy of the Nebraska Conveyance Safety Code will be kept on file in the offices of the Commissioner of Labor, Nebraska Department of Labor, 550 South 16th Street, Lincoln, Nebraska.

B. The provisions of this chapter shall apply to the construction, operation, inspection, testing, maintenance, alteration, and repair, in this state, of the following:

1. Conveyances that are not in private residences;

2. Automatic guided transit vehicles on guideways with an exclusive right-of-way, including automated people movers; and

3. Conveyances in private residences, located in counties that have a population of more than one hundred thousand inhabitants, except that such Conveyances are subject to inspection only at installation.

C. The provisions of this chapter shall not apply to:

1. Conveyances under the jurisdiction of, and subject to inspection by, the United States government;

2. Conveyances used exclusively for agricultural purposes;

3. Conveyances in private residences in counties that have a population of one hundred thousand or less inhabitants;

4. Personnel hoists within the scope of the American National Standards Institute and American Society of Safety Engineers (ANSI/ASSE) Safety Requirements for Personnel Hoists on Construction and Demolition Sites A10.4;

5. Material hoists within the scope of American National Standards Institute and American Society of Safety Engineers (ANSI/ASSE) Safety Requirements for Material Hoists A10.5;

6. Manlifts within the scope of American National Standards Institute and American Society of Mechanical Engineers (ANSI/ASME) Safety Standards for Belt Manlifts A90.1;

7. Mobile scaffolds, towers and platforms within the scope of American National Standards Institute and Security Industry Association (ANSI/SIA) A92.1, et seq.;

8. Powered platforms and equipment for exterior and interior maintenance within the scope of American National Standards Institute and American Society of Mechanical Engineers (ANSI/ASME) Safety Requirements for Powered Platforms and Traveling Ladders and Gantries for Building Maintenance A120.1;

9. Cranes, derricks, hoists, hooks, jacks, and slings within the scope of American Society of Mechanical Engineers (ASME) B30.1, et seq.;

10. Industrial trucks within the scope of Industrial Truck Standards Development Foundation (ITSDF) B56 Standards;

11. Portable equipment, except for portable escalators, which are within the scope of American Society of Mechanical Engineers (ASME) A17.1;

12. Tiering or piling machines used to move materials to and from storage located and operating entirely within one story;

13. Equipment for feeding, or positioning materials at machine tools, printing presses, and similar equipment;

14. Skip or furnace hoists;

15. Wharf ramps;

16. Railroad car lifts or dumpers;

17. Line jacks, false cars, shafters, moving platforms, and similar equipment;

18. Manlifts, hoists, or Conveyances used in grain elevators or feed mills;

19. Dock elevators; or

20. Stairway chair lifts and platform lifts.

2. Definitions.

For purposes of these regulations, the following definitions apply:

A. “Act” refers to the Conveyance Safety Act, Neb. Rev. Stat. §§48-2501 et seq.

B. "Alteration" means any change to equipment other than routine maintenance, repair or replacement, as these terms are defined herein.

C. “Applicant” shall mean the same as “person” under the Conveyance Safety Act, at Neb. Rev. Stat. §48-2502(7).

D. “Approved Alternative” means any method, element, material, process or use in the construction, design, operation, inspection, testing, maintenance, alteration, or repair of conveyances subject to the jurisdiction of the commissioner and not otherwise exempted by statute, for which written approval is issued by the commissioner or, upon designation, by the state elevator inspector, subject to a showing of good cause and a showing that the safety of the users of the conveyance will not be compromised by the approved alternative.

E. “Certificate of inspection” means a document issued by the state elevator inspector certifying that a conveyance has been inspected and has met the statutory and regulatory requirements, that it is in a safe and satisfactory condition and is properly constructed and maintained, and may be put into operation or to continue to operate in this State.

F. “Commissioner” means the Commissioner of Labor of the Nebraska Department of Labor.

G. “Conveyance Advisory Committee” means the committee created by the Conveyance Safety Act, which has the membership, powers and duties in accordance with the Act, at Neb. Rev. Stat. §§48-2503 and 48-2504.

H. “Conveyances” means the following equipment, including their associated parts and hoistways, that are not exempted from the Conveyance Safety Act by Neb. Rev. Stat. §48-2508:

1. Hoisting and lowering mechanisms equipped with a car which moves between two or more landings, including elevators;

2. Power driven stairways and walkways for carrying persons between landings, including:

a. Escalators; and

b. Moving sidewalks;

3. Hoisting and lowering mechanisms equipped with a car, which serve two or more landings and is restricted to the carrying of material by its limited size or limited access to the car, including:

a. Dumbwaiters;

b. Material lifts and dumbwaiters with automatic transfer devices; and

c. Conveyors and related equipment within the scope of American Society of Mechanical Engineers B20.1.

I. (REPEALED)

J. “Emergency Elevator Mechanic License” means a license issued by the state elevator inspector to an individual, not currently licensed as an elevator mechanic, who meets certain qualifications specified in these regulations, when sufficient proof has been provided to the state elevator inspector by a licensed elevator contractor, employer or otherperson, that an emergency exists in the State due to natural disaster, work stoppage, or similar significant event, and the number of persons in the State holding elevator mechanic licenses is insufficient to cope with the emergency.

K. “Independent” means, except within the scope of his or her employment with the state agency, not dependent; not influenced by the thought or action of others; free from the influence, guidance, or control of another or others; not dependent on or affiliated with a larger or controlling entity, group or system.

L. "Inspection" means a careful examination by the state elevator inspector of conveyances in this state under the statutory authority set out in §001(A) of these regulations, as well as the regulations enacted thereunder. Inspection may include an examination of parts and equipment of a conveyance, its operation, the process and procedures of its installation and repair, any alterations made after installation, the building or structure in which the conveyance is housed, documentation, records and blueprints related to the conveyance, and any other matter deemed necessary by the elevator inspector to assure that the conveyance is in a safe and satisfactory condition and is properly constructed and maintained. Inspection shall include:

1. Preliminary inspection: any examination or review conducted by the elevator inspector outside the site or physical location of the conveyance.

2. Initial inspection: the first inspection that has been conducted by the state elevator inspector at the site or physical location of a conveyance.

3. Annual inspection: the inspection required by Neb. Rev. Stat. §48-2513.

4. Special inspection: any inspection requested of the elevator inspector by the owner or user of the conveyance.

M. “Interested Person” means a person who can demonstrate a specific and legally recognizable interest in the subject matter of an administrative action, and who can show that he, she or it has been directly and substantially affected by the decision.

N. “Licensed Elevator Contractor” means any person who is engaged in the business of contracting services for erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining conveyances, who has obtained a license from the Commissioner of Labor, and who has the qualifications, powers and duties prescribed by the Act.

O. “Licensed Elevator Mechanic” means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining conveyances; and who has obtained a license from the Commissioner of Labor, and who has the qualifications, powers and duties prescribed by the Act.

P. “Machinery space” means a space inside or outside of the hoistway that contains the conveyance mechanical equipment, and may contain electrical equipment, including the electric driving machine or hydraulic machine.

Q. "Repair" means the restoration of existing parts to meet conveyance code standards existing at the time the conveyance was installed.

R. "Replacement" means the substitution of a part in its entirety with another part, which is the same as, or substantially the same as, the part being replaced, and which meets the conveyance code standards existing at the time the conveyance was installed.

S. "Substantial Alteration" means any alteration to a conveyance covered by these regulations whose cost exceeds fifteen hundred dollars ($1,500.00).

T. “Temporary Elevator Mechanic License” means a license issued by the state elevator inspector to an individual, not currently licensed as an elevator mechanic, who meets certain qualifications specified in these regulations, when sufficient proof has been provided to the state elevator inspector by a licensed elevator contractor, employer or other person, of a short-term immediate need for additional elevator mechanics.

3. Codes and Standards.

The following codes and standards have been adopted by reference and incorporated into the Nebraska Conveyance Safety Code, as provided in these regulations:

A. The ASME A17.1 / CSA B44 – 2013 Safety Code for Elevators and Escalators, which is available for viewing at the offices of the Commissioner of Labor, Nebraska Department of Labor, 550 South 16th Street, Lincoln, Nebraska.

B. The ASME B20.1 - 1996 Safety Standard for Conveyors and Related Equipment (Addendum “G-1”), and the ASME B20.1b - 1998 Addenda (Addendum “G-2”), published by the American Society of Mechanical Engineers.

C. The Automated People Mover Standards-Part 1, ASCE 21-05 (2006) (Addendum “H-1”), Automated People Mover Standards-Part 2, ASCE 21.2-08 (2008) (Addendum “H-2”), and Automated People Mover Standards-Part 3, ASCE 21.3-08 (2008) (Addendum “H-3”) published by the American Society of Mechanical Engineers.

4. Construction or Installation of Conveyance: Preliminary Inspection.

Prior to the commencement of construction or installation of a conveyance, the contractor or installer shall submit a completed application, which shall include blueprints, together with the applicable fee, to the state elevator inspector for a preliminary inspection. The application form shall be available, free of charge, in the office of the state elevator inspector.

5. Substantial Alterations: Preliminary Inspection.

Prior to the commencement of any substantial alterations, as defined in these regulations, the contractor or other responsible party shall submit a completed application, which shall include blueprints, together with any applicable fee, to the state elevator inspector for a preliminary inspection. The application form shall be available, free of charge, in the office of the state elevator inspector.

6. Non-Compliant Conveyances: Temporary Operation.

A conveyance which does not comply with the Conveyance Safety Act and/or these regulations, as determined by the state elevator inspector, may be permitted to operate on a temporary basis, under such terms and conditions as may be imposed by the state elevator inspector, provided that the state elevator inspector has determined the following:

A. No mechanical or electrical failure has occurred or is imminent;

B. User and/or passenger safety shall be maintained during the temporary operation of the noncompliant conveyance.

7. Annual Inspection.

The state elevator inspector shall inspect or cause to be inspected, all passenger and freight conveyances in this state at least once every twelve months in order to determine whether or not the conveyance:

A. Is properly constructed;

B. Is in safe and satisfactory condition; and

C. Is maintained for the purposes for which it is used.

8. Inspection Fees.

The fees for inspections, conducted by the state elevator inspector or his assignees on or after the effective date of this regulation, shall be as follows:

A. For conveyances:

1. Preliminary Inspections. The fee for a preliminary inspection shall be one hundred and twenty-five dollars ($125.00).

2. Initial Inspections.

a. For a unit comprising five floors or less, the fee for an initial inspection shall be two hundred dollars ($200.00); and

b. For a unit comprising more than five floors, an initial inspection fee of two hundred dollars ($200.00), plus an additional fee of ten dollars ($10.00) for each floor over five.

3. Annual Inspections.

a. For inspections occurring before January 1, 2017:

i. For a unit comprising five floors or less, an annual inspection fee of one hundred forty dollars ($140.00), and

ii. For a unit comprising more than five floors, an annual inspection fee of one hundred forty dollars ($140.00), plus an additional fee of ten dollars ($10.00) for each floor over five.

b. For inspections occurring on or after January 1, 2017:

i. For a unit comprising five floors or less, an annual inspection fee of one hundred twenty dollars ($120.00), and

ii. For a unit comprising more than five floors, an annual inspection fee of one hundred twenty dollars ($120.00), plus an additional fee of ten dollars ($10.00) for each floor over five.

4. Special Inspections. The costs of a special inspection shall include a fee of two hundred dollars ($200.00), plus the expenses incurred by the inspector in connection therewith.

B. The inspection fees as set forth herein shall be paid by the owner or user for each conveyance inspected by the state elevator inspector before the inspection certificate is issued.

C. Inspection Not Required. Inspection of a conveyance covered by these regulations shall not be required:

1. When any owner or user of such conveyance:

a. Obtains an inspection by a representative of a reputable insurance company licensed to do business in Nebraska; and

b. Obtains a policy of insurance from such company on such conveyance; and

c. Files with the Commissioner of Labor a certificate of inspection by the insurance company and a statement by the insurance company that such conveyance is insured.

2. If the conveyance is subject to an annual inspection under a city ordinance that meets the standards of these regulations.

9. New Conveyance Installations

A. All new conveyance installations in counties with populations of more than 100,000 inhabitants shall be performed by:

1. A licensed elevator mechanic under the control of a licensed elevator contractor; or by

2. A licensed elevator contractor, who shall certify that the new conveyance has been installed in compliance with the Act.

B. It is the responsibility of the licensed elevator mechanics and licensed elevator contractors who are performing the installation of a new conveyance to ensure that the installation and service complies with all applicable fire and safety codes.

10. Existing Conveyances

A. No person shall wire, alter, replace, remove, or dismantle an existing conveyance contained within a building or structure, located in counties that have a population of more than one hundred thousand inhabitants, unless such person is a licensed elevator mechanic or is working under the direct supervision of a licensed elevator mechanic.

B. It is the responsibility of the owner of a conveyance to ensure that the conveyance is maintained in compliance with all applicable fire and safety codes.

C. A person is not required to be a licensed elevator mechanic or licensed elevator contractor, or to be working under the direct supervision of a licensed elevator mechanic or licensed elevator contractor, in order to

1. Perform non-mechanical maintenance of a conveyance; or

2. Remove or dismantle conveyances that are destroyed as a result of a complete demolition of a secured building.

11. Elevator Contractor: Licensure.

A. Any person wishing to engage in the business of an elevator contractor, in counties that have populations of more than 100,000 inhabitants, shall apply for and obtain an elevator contractor license from the commissioner. The application shall contain the information and substantially comply with the “Application for License Renewal of License / Elevator Contractor / Conveyance Safety Act,” attached as Addendum “A” to this chapter.

B. Qualifications for Elevator Contractor License. An applicant seeking a license as an elevator contractor must comply with the following minimum qualifications:

1. No license shall be granted to any applicant unless the application fee required by §010 of this chapter is paid.

2. An applicant for licensure must provide evidence and documentation, satisfactory to the commissioner, of the following:

a. Five years’ work experience in the conveyance industry in construction, maintenance, and service or repair; and

b. Either:

i. Satisfactory completion of a written examination administered by the Conveyance Advisory Committee or its designated provider; or

ii. A valid license as an elevator contractor, from a state having standards substantially equal to those of this State; and

3. Proof of insurance, as required by the Act, at Neb. Rev. Stat. §48-2527. Applicants must also provide notice to the commissioner of any substantial alteration or cancellation of a policy, at least ten (10) days in advance of the alteration or cancellation.

12. Elevator Mechanic: Licensure.

A. Any person wishing to engage in the business of an elevator mechanic, in counties that have populations of more than 100,000 inhabitants, shall apply for and obtain an elevator mechanic license from the commissioner. The application shall contain the information and substantially comply with the “Application for License Renewal of License / Elevator Mechanic / Conveyance Safety Act,” attached as Addendum “B” to this chapter.

1. No license shall be granted to any applicant unless the application fee required by §010 is paid.

2. An applicant for licensure must demonstrateto the satisfaction of the commissioner that the applicant possesses an acceptable combination of documented experience and education credits consisting of:

a. Not less than 3 years’ work experience in the conveyance industry, in construction, maintenance, and service or repair, as verified by current and previous employers or contractors; and

b. Compliance with one of the following subsections - (i) or (ii) or (iii) or (iv):

i. Satisfactory completion of a written examination administered by the Elevator Safety Review Board or its designated provider, on the most recently enacted codes and standards for elevator mechanics; or

ii. Both of the following:

A. Acceptable proof that the applicant has worked as an elevator mechanic:

1. In conveyance construction, maintenance, or repair;

2. Lasting at least three (3) years, immediately prior to the effective date of the elevator mechanic’s license;

3. Working without the direct and immediate supervision of a licensed elevator contractor; and

B. Satisfactory completion of a written examination approved by the commissioner; or

iii. A certificate of successful completion of the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program, or its equivalent, with standards substantially similar to those set out in the “National Guidelines for Apprenticeship Standards Developed by the National Elevator Industry Education Program (NEIEP) for Elevator Constructor Mechanics (O*NET/SOC Code: 47-4021.00) in Cooperation with the U.S. Department of Labor Bureau of Apprenticeship and Training,” attached as Addendum “C” to this chapter; or

iv. A certificate of completion of an elevator mechanic apprenticeship program, registered with the Bureau of Apprenticeship and Training of the U.S. Department of Labor, whose content is substantially similar to that set out in Addendum “D” - “Apprenticeship Course Outlines.”

13. Temporary or Emergency Elevator Mechanic Thirty-Day Licenses

A. Whenever sufficient proof has been provided to the state elevator inspector, by a licensed elevator contractor, employer or other person, of a short-term immediate need for additional elevator mechanics, the state elevator inspector may issue a temporary elevator mechanic thirty-day license to an individual, not currently licensed as an elevator mechanic, who meets the qualifications set forth in subsection C of this section.

B. Whenever sufficient proof has been provided to the state elevator inspector, by a licensed elevator contractor, employer or other person, that an emergency exists in the State due to natural disaster, work stoppage, or similar significant event, and that the number of persons in the State holding elevator mechanic licenses is insufficient to cope with the emergency, the state elevator inspector may issue an emergency elevator mechanic thirty-day license to an individual, not currently licensed as an elevator mechanic, who meets the qualifications set forth in subsection C of this section.

C. The state elevator inspector may issue a temporary or emergency elevator mechanic thirty-day license to an individual upon completion of the following:

1. The individual shall file an application for a temporary or emergency elevator mechanic license with the Commissioner of Labor within five (5) business days after commencing elevator mechanic work, using the form attached to these regulations as Addendum “E” - “Application for License / Extension of License / Temporary or Emergency Elevator Mechanic / Conveyance Safety Act.”

2. The individual shall furnish proof of competency by submitting documentation of at least three (3) years of work experience in the conveyance industry as an elevator mechanic, working without direct supervision, in this State or in any other state having standards substantially the same as those of this State.

3. A licensed elevator contractor must certify that the person has an acceptable combination of documented experience and education to enable him or her to perform work as an elevator mechanic, without direct and immediate supervision.

D. No application fee shall be required of an individual that is applying for a temporary or emergency elevator mechanic thirty-day license, or for the renewal of that license.

E. A temporary or emergency elevator mechanic license is valid for 30 days from the date issued. The commissioner may impose restrictions on the license as to types of conveyances or geographical areas to which the license is applicable. Except for such restrictions as the commissioner may impose, the temporary or emergency license entitles the licensee to all rights and privileges of an elevator mechanic.

F. The temporary or emergency mechanic license may be renewed by the commissioner for good cause shown.

14. License and Registration Fees

License fees shall be as follows:

A. Initial Licenses

1. Elevator Mechanic License: $100.00.

2. Elevator Contractor License: $100.00.

B. Renewal of License

1. Elevator Mechanic License: $75.00.

2. Elevator Contractor License: $75.00.

15. Renewal of License

A. Licenses for elevator contractors and elevator mechanics, except temporary or emergency elevator mechanic licenses, shall be renewed every 2 years.

B. A licensee may renew a license by submitting a written application for renewal, accompanied by the required fee, 30 days prior to expiration of the license.

C. An applicant for renewal of an elevator mechanic license shall, in addition, provide a certificate of completion of a course designed to ensure the continuing education on new and existing rules and regulations adopted and promulgated by the commissioner.

1. The course shall consist of not less than eight hours of instruction that shall be attended and completed within one year immediately preceding any license renewal.

2. The individual holding the elevator mechanic license shall pay the cost of such course.

3. The course shall be taught by instructors through continuing education providers selected by the commissioner upon recommendation by the Conveyance Advisory Committee.

D. An elevator mechanic licensee who, due to a temporary disability, is unable to complete the continuing education course required under this section, prior to the expiration of his or her existing license, may apply for an extension from the state elevator inspector.

1. The request for extension of time to complete the continuing education course shall be on a form provided by the state elevator inspector, which shall be signed by the applicant.

2. The request for extension of time to complete the continuing education course shall be accompanied by a certified statement from a competent physician, attesting to such temporary disability.

3. An extension sticker, valid for ninety days, shall be issued to the licensed elevator mechanic. The sticker shall be affixed to the license. Extensions shall be renewable for periods of ninety days upon a showing that the disability continues.

4. Upon the termination of such temporary disability, the elevator mechanic licensee shall submit to the state elevator inspector a certified statement from the same physician, if practicable, attesting to the termination of such temporary disability.

16. Approved Alternative or Variance.

The Commissioner, or, upon designation, the state elevator inspector, may grant an alternative that varies from the rules and regulations in this chapter, provided that:

A. The request for an alternative or variance is made in writing, directed to the Commissioner, in care of the state elevator inspector;

B. The request is made on the form provided herein, or contains the same information and substantially complies with the “Application for Approved Alternative or Variance / Conveyance Safety Act,” attached as Addendum “F” to this chapter;

C. Sufficient documentation is provided with the application to show good cause for granting the alternative or variance requested;

D. Sufficient documentation is provided with the application to show that the safety of those riding in or using the conveyance will not be compromised by granting the alternative or variance; and

E. The Commissioner submits the application to the Conveyance Advisory Committee for its recommendations to the Commissioner regarding each alternative or variance requested.

17. Appeal of Granting or Denial of Approved Alternative or Variance.

A. Any interested person, as defined in §002(N) of these regulations, may file an appeal of the granting or denial of a request for an alternative or variance by the Commissioner or state elevator inspector.

B. An appeal must be filed with the agency at its official office, as set out in this section, within thirty (30) calendar days of the date that the decision was mailed by the Commissioner or state elevator inspector.

C. An appeal must be filed with the agency at its official office. Filing may be accomplished by personal delivery or mail and will be received during regular office hours of the agency. Regular business hours for the Department are from 8:00 a.m. to 5:00 p.m., Central Time, Monday through Friday, exclusive of state or federal holidays. Filings should be addressed or delivered to:

Commissioner of Labor

P.O. Box 94600

550 South 16th Street Lincoln, NE 68508

D. An appeal must follow the form of a petition, as described in 223 NAC 5(004)(D) – Rules of Practice and Procedure for Hearings on Contested Cases.

E. The appeal shall be conducted in accordance with 223 NAC 5 - Rules of Practice and Procedure for Hearings on Contested Cases.

18. Notification of Accidents.

A. The owner of a conveyance shall notify the state elevator inspector of any accident, involving a conveyance that has caused personal injury or property damage in excess of one thousand dollars ($1,000.00).

B. The owner of the conveyance shall notify the state elevator inspector on or before the close of business on the next business day following the accident.

C. The conveyance involved shall not be operated until the state elevator inspector has conducted an investigation of the accident and has approved the operation of the conveyance.

D. The state elevator inspector shall investigate and shall report to the commissioner:

1. The cause of any conveyance accident that may occur in the state;

2. Any loss of life or injuries sustained;

3. Such other data as may, in the judgment of the state elevator inspector, be of benefit in preventing other similar accidents.

19. Posted Notice of Discontinued Use.

A. The state elevator inspector shall adopt a suitable label to be attached to any conveyance:

1. Being operated in violation of the Act; or

2. Where the state elevator inspector determines that continued operation of the conveyance would jeopardize public safety. Such label shall provide notice that the conveyance is not certified for operation.

B. Unauthorized removal by an owner/user or their representative of a label attached by a state elevator inspector may result in revocation of existing certification or denial of future certification until adequate assurances are made to the commissioner that occurrences initiating the affixing of the label have been resolved.

History

• Effective 2017-06-07

Chapter 2 Wages; Subject to Garnishment

Neb. Admin. Code tit. 230, ch. 2 Wages; Subject to Garnishment {#sec-230-nac-2 omnilex-key=us-ne-regs-official--title-230--230 NAC 2}

001. This regulation is adopted pursuant to Neb. Rev. Stat. '25-1558(7).

002. The maximum part of the aggregate disposable earnings of an individual for pay periods other than one week which is subject to garnishment shall not exceed the following amounts:

A. For a bi-weekly pay period, the multiple shall be sixty times the federal minimum hourly wage.

B. For a semi-monthly pay period, the multiple shall be sixty-five times the federal minimum hourly wage.

C. For a monthly pay period, the multiple shall be one-hundred-thirty times the federal minimum hourly wage.

History

• Effective 1991-05-22

Chapter 3 Regulations for the Professional Employer Organization Registration Act

Neb. Admin. Code tit. 230, ch. 3 Regulations for the Professional Employer Organization Registration Act {#sec-230-nac-3 omnilex-key=us-ne-regs-official--title-230--230 NAC 3}

1. General.

This chapter is adopted pursuant to Neb. Rev. Stat. §§48-2701 to 48-2711 (Reissue 2010), the Professional Employer Organization Registration Act, as enacted in LB 579 (Laws 2010). Legislative authority for these regulations is more specifically found in §§48-2704(10) and 48-2711(4). A copy of these regulations will be kept on file in the offices of the Commissioner of Labor, Nebraska Department of Labor, 550 South 16th Street, Lincoln, Nebraska.

2. Definitions.

For purposes of these regulations, the following definitions apply:

A. “Act” refers to the Professional Employer Organization Registration Act, sections 48-2701 to 48-2711 of the Revised Statutes of Nebraska;

B. “Assurance Organization” means an entity that is authorized by a professional employer organization or professional employer organization group to act on its behalf in complying with the registration and registration renewal requirements of the Act, including the electronic filing of applications and other information, as well as the payment of application and registration fees;

C. “Commission” means the act of committing, doing, performing or perpetrating an action that is prohibited by law, statute or federal or state regulation;

D. “Department” means the Nebraska Department of Labor;

E. “Person” means any individual, partnership, corporation, limited liability company, association, or any other form of legally recognized entity;

F. “Professional employer organization” means an organization as defined in section 48-2702 (11) of the Act;

G. “Prohibited” means that which is contrary to any law, statute or federal or state regulation;

H. “Professional employer organization group” means an organization as defined in section 48-2702 (12) of the Act;

I. “Registrant” means a professional employer organization registered under the Act;

J. “Working capital” means current assets less current liabilities, as defined by generally accepted accounting principles.

3. Registration.

A. Registration Required to Provide Services as a Professional Employer Organization or Professional Employer Organization Group.

1. A person engaged in the business of providing professional employer services pursuant to co-employment relationships in which all or a majority of the employees of a client are covered employees shall be registered under the Act.

2. A person who is not registered under the Act shall not offer or provide professional employer services in this state and shall not use the names PEO, professional employer organization, staff leasing company, employee leasing company, administrative employer, or any other name or title representing professional employer services.

B. Date When Registrations Are Due.

1. Each professional employer organization operating within this state as of January 1, 2012, shall complete its initial registration not later than one hundred eighty days after January 1, 2012. Such initial registration shall be valid until one hundred eighty days from the end of the professional employer organization's first fiscal year that is more than one year after January 1, 2012.

2. Each professional employer organization not operating within this state as of January 1, 2012, shall complete its initial registration prior to initiating operations within this state.

C. Unregistered PEOs. If a professional employer organization not registered in this state becomes aware that an existing client not based in this state has employees and operations in this state, the professional employer organization shall either:

1. Decline to provide professional employer services for those employees; or

2. Notify the Department within five business days of its knowledge of this fact and file a limited registration application under this section or a full registration if there are more than fifty covered employees.

D. Interim Operating Permit. The Department may issue an interim operating permit for the period that a registration application is pending, if the professional employer organization:

1. Is currently registered or licensed by another state; and

2. The Department determines it to be in the best interests of the potential covered employees to issue an interim operating permit to such professional employer organization.

E. Registration Application: Required Information. Each applicant for registration under the Act shall provide the Department with the following information:

1. The name or names under which the professional employer organization conducts business;

2. The address of the principal place of business of the professional employer organization and the address of each office it maintains in this state;

3. The professional employer organization's taxpayer or employer identification number;

4. A list by jurisdiction of each name under which the professional employer organization has operated in the preceding five years, including any alternative names, names of predecessors and, if known, successor business entities;

5. A statement of ownership, which shall include the name and evidence of the business experience of any person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, twenty-five percent or more of the equity interest of the professional employer organization;

6. A statement of management, which shall include the name and evidence of the business experience of any individual who serves as president or chief executive officer or otherwise has the authority to act as senior executive officer of the professional employer organization; and

7. A financial statement setting forth the financial condition of the professional employer organization or professional employer organization group, as provided in Section 004 below.

F. Renewal of Registration. Within one hundred eighty days after the end of a registrant's fiscal year, a registrant shall renew its registration by notifying the Department of any changes in the information provided in such registrant's most recent registration or renewal. A registrant's existing registration shall remain in effect during the pendency of a renewal application.

G. Limited Registration.

1. A professional employer organization is eligible for a limited registration under the Act if such professional employer organization:

a. Submits a properly executed request for limited registration on a form provided by the Department;

b. Is domiciled outside this state and is licensed or registered as a professional employer organization in another state;

c. Does not maintain an office in this state or directly solicit clients located or domiciled within this state; and

d. Does not have more than fifty covered employees employed or domiciled in this state on any given day.

2. A limited registration is valid for one year and may be renewed.

3. A professional employer organization seeking limited registration under this section shall provide the Department with information and documentation necessary to show that the professional employer organization qualifies for a limited registration.

4. Applicants for limited registration are not required to comply with the financial responsibility requirements set forth in section 48-2705 of the Act and in section 006 of these regulations.

4. Financial Statement.

The financial statement provided by the professional employer organization or professional employer organization group (“the applicant”), as part of the registration process, shall consist of the following:

A. At the time of initial registration, the applicant shall submit the most recent audited financial statement of the applicant. “Most recent,” as used herein, means an audited financial statement whose date of issuance is not more than thirteen months from the time of submission.

B. After the initial registration process has been successfully completed, the applicant shall submit an audited financial statement on an annual basis. “Annual,” as used herein, means within one hundred eighty (180) days after the end of the professional employer organization's fiscal year.

C. An applicant may apply with the Department for an extension of time for submission of the audited financial statement, but any such request shall be accompanied by a letter from the auditor stating the reasons for the delay and the anticipated completion date of the audited financial statement.

D. The financial statement shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located.

E. The audited financial statement shall be issued without qualification as to the going concern status of the professional employer organization.

F. A professional employer organization group may submit combined or consolidated financial statements to meet the requirements of this section.

G. A professional employer organization that has not had sufficient operating history to have audited financial statements based upon at least twelve months of operating history shall meet the financial responsibility requirements of section 48-2705 of the Act, and present financial statements that have been reviewed by a certified public accountant.

5. Combined or Consolidated Financial Statements.

A. Professional employer organizations in a professional employer organization group may satisfy any reporting and financial requirements of the Act on a combined or consolidated basis if each member of the organization group guarantees the financial capacity obligations under the Act of each other member of the organization group.

B. If a professional employer organization group submits a combined or consolidated audited financial statement that includes entities that are not professional employer organizations or are not in the professional employer organization group, the controlling entity of the organization group under the consolidated or combined statement need only guarantee the obligations of the professional employer organizations in the professional employer organization group.

6. Financial Responsibility Requirements.

A. Except as provided in subsections (7) and (10) of section 48-2704 of the Act, and in sections 003(G) and 009 of these regulations, each professional employer organization or professional employer organization group shall provide the Department with evidence of one of the following:

1. If the positive working capital of the professional employer organization is at least one hundred thousand dollars, proof of such positive working capital, as reflected in the financial statements submitted to the Department, as provided in section 004 of these regulations, with the initial registration and with each annual renewal; or

2. If the positive working capital of the professional employer organization is less than one hundred thousand dollars, the professional employer organization shall submit a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount of not less than one hundred thousand dollars, at the time of initial registration, and shall submit proof, at the time of each annual renewal, that the bond, certificate of deposit, escrow account, or irrevocable letter of credit remains in effect.

B. If the financing statement submitted to the Department, in accordance with section 004 of these regulations, indicates that the professional employer organization has a deficit in working capital, the professional employer organization shall submit a bond, certificate of deposit, escrow account, or irrevocable letter of credit, in an amount that is not less than one hundred thousand dollars, plus an amount that is sufficient to cover that deficit.

C. Enforcement of Financial Commitment.

1. Proof of the commitment to meet the financial responsibility requirements described in subsection (A) of this section shall be in a form approved by the Department, and shall be held in a depository designated by the Department, and shall secure the payment by the professional employer organization or professional employer organization group of any wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, or other amounts that are payable to or with respect to an employee performing services for a client if the professional employer organization or professional employer organization group does not make those payments when due.

2. Proof of the commitment to meet the financial responsibility requirements described in subsections (A) and (B) of this section shall be established in favor of or be made payable to the Department, for the benefit of the state and of any employee to whom or with respect to whom the professional employer organization or professional employer organization group does not make a payment described in this subsection when due.

3. The professional employer organization or professional employer organization group shall file with the Department any agreement, instrument, or other document that is necessary to enforce the commitment to meet the financial responsibility requirements described in subsections (A) and (B) of this section against the professional employer organization or professional employer organization group, against any relevant third party, or both.

7. Records and Forms under the Act.

A. The Department shall maintain a list of professional employer organizations registered under the Act that is readily available to the public by electronic or other means.

B. All records, reports, and other information obtained from a professional employer organization or professional employer organization group under the Act, except to the extent necessary for the proper administration of the Act by the Department, shall be confidential and shall not be published or open to public inspection other than to public employees in the performance of their public duties.

8. Electronic Filing and Compliance.

A. The Department shall permit the acceptance of electronic filings, including applications, documents, reports, and other filings required by the Department, by professional employer organizations, professional employer organization groups, and Assurance Organizations.

B. Electronic filings made pursuant to this section shall be done in conformance with the Uniform Electronic Transactions Act, Neb. Rev. Stat. §§ 86-612 to 86-643.

9. Assurance Organizations.

A. The Department shall permit a professional employer organization or a professional employer organization group to authorize an Assurance Organization that is approved by the Department to act on the professional employer organization's or professional employer organization group's behalf in providing satisfactory assurance of compliance acceptable to the Department consistent with or in the lieu of the requirements of sections 48-2704 and 48-2705 of the Act, including electronic filings of information and payment of registration fees.

B. Use of an Assurance Organization is optional and not mandatory for a registrant.

C. Authorization by the Department of an assurance organization to act on the professional employer organization's or employer organization group's behalf, in complying with the registration requirements of the Act, or for any other reason, shall not limit or change the Department's authority to register or terminate registration of a professional employer organization or employer organization group, or to investigate or enforce any provision of the Act.

10. Fees.

A. Fees imposed pursuant to this section shall be paid to the Department and thereafter remitted to the State Treasurer for credit to the Professional Employer Organization Cash Fund, administered by the Department for the implementation of the Act.

B. Any money in the Professional Employer Organization Cash Fund that is available for investment shall be invested by the state investment officer in accordance with the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

C. Fees for registrations shall be as follows:

1. For registrations and renewals prior to January 1, 2026:

a. For initial registration, the fee shall be two hundred fifty dollars ($250.00);

b. For an annual renewal of registration, one hundred fifty dollars ($150.00);

c. For an initial limited registration, one hundred dollars ($100.00)

2. For registrations and renewals on or after to January 1, 2026:

a. For initial registration, the fee shall be two hundred fifty dollars ($250.00); two thousand five hundred dollars ($2,500.00);

b. For an annual renewal of registration, one thousand five hundred dollars ($1,500.00);

c. For an initial limited registration, one thousand dollars ($1,000.00);

11. Prohibited Acts and Disciplinary Action.

A. A person shall not knowingly:

1. Offer or provide professional employer services in this state or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer, or other title representing professional employer services unless such person is registered under the Act;

2. Provide false or fraudulent information to the Department in conjunction with any registration, renewal, or report required under the Act; or

3. Enter into a co-employment relationship in which less than a majority of the employees of the client in this state are covered employees or in which less than one-half of the payroll of the client in this state is attributable to covered employees.

B. Any person violating section 48-2711(1) of the Act, or subsection (A) of this section, is guilty of a Class I misdemeanor.

C. The Department is authorized by the Act to take disciplinary action against the following:

1. A person offering professional employer services, in violation of section 48-2711of the Act, and subsection (A) of this section;

2. A professional employer organization or a controlling person of such employer organization, upon the conviction of an employer organization or controlling person thereof, of a crime that relates to:

a. The operation of the professional employer organization; or

b. The ability of a registrant or a controlling person of a registrant to operate a professional employer organization;

3. A professional employer organization or a controlling person of such employer organization for knowingly making a material misrepresentation to an insurer, an insurance producer, the Department, or other governmental agency; or

4. A professional employer organization or a controlling person of such employer organization for a willful violation of the Act or any order or regulation issued by the Department under the Act.

D. Disciplinary actions may be taken by the Department against those described in section 48-2711 (1) and (2) of the Act, and in subsections (A) and (C) of this section:

1. After notice, an opportunity for hearing, a hearing (if requested by the respondent), upon a finding of the commission of a prohibited act or a violation of this section of the regulations, and subject to any appeal required;

2. Disciplinary actions may include one or more of the following:

a. Denial of an application for registration;

b. Revocation or restriction of, or refusal to renew, a registration;

c. Imposition of an administrative penalty, in an amount not to exceed one thousand dollars ($1,000.00) for each material violation;

d. Placement of the registrant on an administrative probation, for such period and subject to such conditions as the Department specifies; or

e. Issuance of a cease and desist order.

E. A decision by the Department to take disciplinary action, as described in section 48-2711 of the Act, or this section of these regulations, may be appealed in accordance with the Administrative Procedure Act.

History

• Effective 2026-01-04

Chapter 6 Workplace Safety Consultation Program

Neb. Admin. Code tit. 230, ch. 6 Workplace Safety Consultation Program {#sec-230-nac-6 omnilex-key=us-ne-regs-official--title-230--230 NAC 6}

001 . General responsibilities and administrative procedures.

A. 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; or

b. Nonfatal occupational illnesses; or

c. 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.

002. Safety Committees .

A. Employers subject to collective bargaining agreements.

On or before January 1, 1994, every public and private employer in Nebraska subject to workers' compensation who has one or more employees and is subject to collective bargaining obligations or is obligated to negotiate with employees who are in a bargaining unit shall have at least one safety committee. The establishment of such safety committee shall be accomplished through the collective bargaining process.

B. Employers not obligated to negotiate with a collective bargaining unit.

On or before January 1, 1994, every public and private employer in Nebraska subject to workers' compensation who has one or more employees not subject to collective bargaining obligations or is not obligated to negotiate with a collective bargaining unit shall establish at least one safety committee.

1. The name(s) of safety committee members shall be kept with and attached to the effective written injury prevention program.

2. There shall be an equal number of committee members representing the employer and the employees. The employer's representative may be a nonmanagement employee(s).

3. The employer shall retain full authority to manage the worksite(s).

4. Committee members shall meet at least once during each three months of operation or in a reasonable timely response to unresolved employee complaint(s), except as follows:

5. Safety Committees need not convene during any calendar quarters where there is 75% fewer hours worked than any calendar quarter in the previous twelve months but in no event shall there be less than two Safety Committee meetings in any calendar year.

6. Employers of ten or less employees that had no injuries or illnesses normally reported (Form 300 or First Report of Injury NWCC Form 1) or claims filed during the immediately preceding twelve months need only meet once during the following twelve months.

7. An employer shall compensate employee members of the safety committee at their regular hourly wage plus their regular benefits while the employees are attending committee meetings or otherwise engaged in committee activity. Compliance with state and federal wage and hour laws must be adhered to.

8. The safety committee shall maintain written minutes of all meetings for at least 3 years unless otherwise instructed by the Department.

C. Committee membership; purpose.

The purpose of the committee is to bring employees and employers together in a non-adversarial, cooperative effort to promote safety at each worksite. The committee(s) is not and shall not serve as a bargaining unit. There is no authority to act as such or deal with collective bargaining issues. The safety committee is limited to assisting the employer by making recommendations regarding methods of addressing safety and health hazards at each worksite. Recommendations to the employer shall be advisory only and not deal with issues subject to collective bargaining. For those members not representing the employer, the employer shall seek volunteers through a written notice directed to all employees, to match the number of the employer's representatives. Employee safety committee representatives shall be selected as follows:

1. Where none of the employer's employees are represented by an exclusive bargaining agent, employee members shall be comprised of volunteers. In the event that the number of volunteers shall exceed the number of available slots, employee members shall be selected at random from the volunteers. If there are not enough volunteers, employee member(s) shall be selected at random from the remainder of employees by the employer.

2. In the event that some, but not all of employer's employees are members of a collective bargaining unit or obligated to negotiate with a collective bargaining agent, establishment of such safety committee shall be accomplished through the collective bargaining process.

The names of such individuals shall be made available to all employees. Unless determined otherwise by collective bargaining, membership as an employee representative shall be made available to all employees at least once every two years. Employer representatives need not be rotated. If no new members are recruited, existing members may retain their committee membership. Terms may be staggered. It is an employee's right to seek to be an employee safety committee member and to otherwise participate in the selection process without being subject to penalties, discipline, employer interference, or reprisal of any kind.

D. Effective written injury prevention program.

Each employer shall present to the safety committee an effective injury prevention program which shall address all work sites and all classes of workers. Where workers are assigned to work sites covered by another existing injury prevention program, those workers may be covered under that program if it appropriately responds to the duties of the worker.

The program presented by the employer shall approach each category of workplace danger with the intention of totally preventing workplace injuries, if feasible. If total prevention is not feasible, the employer shall control the hazard as completely as is feasible. To the extent that potential exposure exists despite the designed controls, then the employer shall use safety and health rules, work practices, administrative controls, and personal protective equipment (PPE) to control that exposure.

The program shall include safety training addressing the following:

1. Initial safety orientation on rules, policies, and job-specific procedures for employees new to the work in a manner that is readily understood by each employee;

2. Job-specific training for employees before they perform potentially dangerous work; and

3. Periodic refresher training/dissemination of information on at least an annual basis for employees regarding the employer's injury prevention program, on safety rules, policies, and procedures.

The primary consideration that may determine a program to be effective is if it results in reduction or elimination of accidents. Further consideration will be effective preventative measures, documentation, and constant response to unexpected emergencies.

It shall be the duty of each safety committee to adopt and maintain an effective written injury prevention program. The committee may adopt the program presented to them by the employer or may develop its own. Review of that program must be made available to all employees upon request.

E. Accident review.

The safety committee may review all deaths and recordable injuries or illnesses (Form 300 or First Report of Injury NWCC Form 1). After such review, and when appropriate, the committee may make written recommendations regarding future prevention. Such safety committee reviews shall not supersede normal federal enforcement or insurance investigations that may take place.

Employers shall report any workplace deaths within 48 hours (OSHA requires 8-hour notification), 24 hours a day, 7 days a week, to the Department's Office of Safety and Labor Standards, (800)627-3611; Omaha residents should call (402)595-3185.

F. Record-keeping procedures.

Each employer shall retain up-to-date records of documents required by these regulations for each place of employment. The employer shall make such records available to the Department upon request, during normal work hours. The employer shall establish record-keeping procedures to control and maintain all accident and injury records (Form 300 or First Report of Injury NWCC Form 1) which employers shall retain for three years or longer if so advised by the Department. Those employers that are required by OSHA/MSHA to keep records of all work related deaths, any diagnosed occupational illnesses and any occupational injuries which involve loss of consciousness, restriction of work or motion, transfer to another job, or requires medical treatment beyond first aid shall make such records available to the safety committee and the Department upon request. The name(s) of the employee(s) shall not be made available unless agreed to by the employee(s).

G. Safety rules, policies and procedures.

The employer shall communicate to all employees, including non-English speaking employees, the employer's safety rules, policies, and procedures and any changes to such rules, policies, and procedures. A copy of any employer-implemented safety program shall be accessible to all employees and made available to the Department upon request. The employer's safety rules shall include both general work place safety and job site specific safety rules.

003. Inspection/consultation programming .

A. Program Planning.

1. Purpose.

Inspection/consultation programming provides general guidelines to the commissioner and the Executive Director of the Department's Office of Safety and Labor Standards in planning inspection operations and related activities and instructions to satisfy the intent of Neb. Rev. Stat. '48-443, et seq. This program does not supersede federal enforcement regulations or activity. The Department shall not issue penalties for workplace hazards identified by inspection or consultation although such hazards identified shall be abated.

2. Primary Consideration.

The primary consideration in conducting inspection/consultation operations is to enhance workplace safety and health and to decrease the frequency or severity of work-related injuries and diseases. These regulations are intended to contribute to safe working conditions and practices for all employees through the implementation and maintenance of occupational safety and health programs by Nebraska employers. The anticipated effect by these regulations will be to reduce workers' compensation costs for all employers in Nebraska. The goal is a safe and healthy work place.

B. Inspection/Consultation.

1. Programmed.

Inspections of worksites of high frequency employers which are selected according to the Department of Insurance, Workers' Compensation Court, and/or the Department of Labor's scheduling plans for safety and health programs.

2. Unprogrammed-related.

Inspections of employers on multi-employer worksites whose activities were not included in the programmed assignment (e.g., a low injury rate employer requesting consultation at a worksite where programmed inspections are being conducted for high frequency employers).

3. Scope.

Inspections, either programmed or unprogrammed, may fall into one of two categories depending on the scope of the inspection.

a. Comprehensive. A complete inspection, normally but not limited to, high frequency employers, of the potentially high hazard areas of the business establishment or worksite(s).

b. Partial. Voluntary inspection whose focus may be limited due to an employer's request for a consultation covering certain potentially hazardous areas, operations, conditions or practices at the business establishment or worksite.

Each inspection/consultation conducted will normally include, but will not be limited to, a review of the injury and illness records, an assessment of the employer's safety committee(s), written injury prevention program and other required safety programs. In addition, there will be a walk-through to survey conditions, operations, and work practices.

The information gathered during this review and walk-through will be used to confirm or revise the determination made as to whether the state representative's scope should be expanded.

C. Inspection Priorities.

1. Unless otherwise noted in particular cases, priority of accomplishment and assignment of Department personnel resources for inspection/consultation categories shall be as follows:

First priority= programmed inspections

Second priority= requests by employers for consultation

2. The Department shall prioritize inspections of employers using the referred high frequency employer list, based upon severity of injuries, requested consultations, and locations of work to be performed.

D. Inspection register.

1. The Department's inspection registers shall determine which establishments are to be scheduled for inspection during the current fiscal year. This register shall remain confidential within the Department.

2. Normally, no employer shall be selected for inspection more frequently than once per year.

3. All sites on the inspection register shall be inspected in any order that makes the most efficient use of resources.

4. The Department shall make every effort, including advance notice when appropriate, to assure attendance of necessary persons and minimize interruption of business operations.

5. Employers shall be added to the Department's registers as referred from the Department of Insurance and the Workers' Compensation Court.

6. The register shall be arranged alphabetically by employer name and by location if the same employer has more than one worksite or if two employers have the same name.

E. Inspection Scheduling for Construction.

1. Due to the mobility of the construction industry, the transitory nature of construction worksites and the fact that construction worksites frequently involve more than one construction employer, inspections shall be scheduled from a list of high frequency construction employers and each high frequency employer referred may include an inspection for each construction site(s).

2. The commissioner may make deletions from the inspection register, where the commissioner documents that:

a. Little or no construction activity at a worksite on the list has begun or construction activity has already been substantially completed before an inspection can be made, or

b. A worksite inspection may be carried over if its inspection would require excessive travel and it cannot be combined with other inspection activities, or

c. A worksite inspection may be carried over if the inspection cannot be completed due to the employer's refusal to allow it, or

d. At the end of a fiscal year the number of inspections yet to be completed during that period shall be taken into account in setting the new inspection cycle. Due to staffing availability, not all referrals of high frequency employers from the Department of Insurance and/or Workers' Compensation Court have to be provided an inspection.

F. Inspection Scheduling.

1. Programmed inspections.

High-frequency employers referred by the Department of Insurance and/or Workers' Compensation Court in response to specific evidence of hazardous conditions identifying workplace injuries and their experience modification, previous safety and health history, Nebraska Workers' Compensation Form 1 (used in place of OSHA's Form 301), incidence rates found on OSHA's 300 log at a worksite are considered programmed fee inspections.

Employers shall be classified based on SIC codes. After employers are ranked by frequency or recordable injuries (highest to lowest), the Department shall identify the upper one-half or top fifty (50) percent of those employer groups as high frequency employers subject to programmed inspection. The frequency data shall be used with other available state or national occupational injury data to rank employers. This information will remain confidential.

2. Requested consultations.

Those consultations conducted in response to employer requests for assistance to help them resolve workplace safety and health issues relating to federal OSHA and/or MSHA regulations are considered fee consultations.

3. Guidelines and procedures.

Programmed inspections may be conducted jointly by both safety and health personnel whenever resources are available and it is likely, based on experience in inspecting similar workplaces, that both safety and health hazards exist. If an inspection has begun as safety only or as health only the state representative may determine during the course of the inspection that the inspection should be expanded. Establishments which appear on both the safety and health registers may be scheduled for a joint safety/health inspection whenever practical. The Department of Insurance and Workers' Compensation Court will provide, whenever possible, the type of inspection necessary for each employer referred as a high-frequency employer.

Employers may be selected by the commissioner for inspection on the additional basis of factors intended to identify the likelihood of workplace injuries. Such factors shall include, but are not limited to:

a. The amount of premium paid by the employer for workers' compensation insurance;

b. The experience modification produced by the experience rating system referenced at Neb. Rev. Stat. '44-7524;

c. Whether the employer is covered by workers' compensation insurance under Neb. Rev. Stat. '48-146.01;

d. The relative hazard of the employer's type of business as evidenced by insurance rates or loss costs filed with the Director of Insurance for the insurance rating classification or classifications applicable to the employer;

e. The nature, type, or frequency of accidents for the employer as may be reported to the Department of Insurance, the Nebraska Workers' Compensation Court, or the Department of Labor;

f. Workplace hazards as may be reported to the Department of Insurance, the Nebraska Workers' Compensation Court, or the Department of Labor;

g. Previous safety and health history;

h. Possible employee exposure to toxic substances.

4. Refusal of entry or inspection.

State representatives employed by the Department shall have the right and power to enter any premise, building, or structure, public or private, for the purpose of inspecting any work area or equipment. A refusal by the employer of entry by a state representative employed by the Department shall be a violation of this subsection. If the Commissioner finds, after notice and hearing, that an employer has violated this subsection, he or she may order payment of a civil penalty of not more than one thousand dollars for each violation. Each day of continued violation shall constitute a separate violation.

5. Employer interference.

The employer shall not interfere with or limit the lawful duties of a state representative. Examples of such interference are refusals to permit the walk-through, the examination of records essential to the inspection, the taking of essential photographs, the inspection of a particular part of the premises, employee interviews, or the refusal to allow attachment of sampling devices.

6. Administrative subpoena.

Whenever there is a reasonable need for records, documents, testimony, and/or other supporting evidence necessary for completing an inspection scheduled in accordance with current and approved inspection scheduling or an investigation of any matter properly falling within the statutory authority of the Department, the commissioner may issue an administrative subpoena; see Neb. Rev. Stat. '81-119.

Employers who receive advance notice of an inspection must also inform their employees' safety committee representative(s) in advance of an upcoming inspection. Based on advanced notice of inspection, employers who contact the Department of Labor prior to an inspection indicating their reluctance to work with an state representative and/or their refusal to allow entry by a state representative will automatically generate a warrant to be served by the state representative upon arrival at the employer's worksite.

7. State representative's credentials.

State representatives carry official credentials that can be verified by calling the Department's Office of Safety and Labor Standards. When the state representative arrives at the establishment, he or she shall display official credentials.

8. Opening conference.

Upon arrival at the employer's worksite for a programmed inspection visit, the state representative will briefly review their role with the employer during the visit.

The state representative will explain how the establishment was selected. If the employer is subject to Federal regulations, the state representative will also ascertain whether an OSHA/MSHA enforcement inspection is in progress. If so, the state inspection may be terminated.

The state representative will explain the purpose of the visit, the scope of the inspection, and the standards that are being used as a minimum guideline. A copy of applicable safety and health standards will be provided upon request. The cost of this material shall be included in the cost of the inspection.

An employee representative from the safety committee or its designee shall accompany the state representative during the inspection.

9. Prior to inspection process.

The employer and a member of the safety committee designated by the committee shall attend the opening conference and to accompany the state representative during the inspection. Where there is no safety committee in place, the state representative may chose, at his/her sole discretion, an employee to accompany the inspection during the inspection process. Minimal disruption of the workplace shall be considered at all times.

10. Employee discrimination.

The state representative shall advise that the law prohibits employers from discharging or discriminating in any way against an employee who has made any oral or written complaint to the safety committee or any governmental agency having regulatory responsibility for occupational safety and health, and any employee so discharged or discriminated against shall be reinstated and shall receive reimbursement for lost wages and work benefits caused by the employer's action.

The employer shall be responsible for all costs and expenses incurred by the Department accordingly for the investigator's time based upon the state's cost of employment for personnel to investigate and actual expenses necessary to reinstate the employee for lost wages and work benefits caused by the employer's action if deemed to be found a valid complaint.

11. The inspection process.

After the opening conference, the state representative and accompanying representatives shall proceed through the establishment to inspect work areas for safety or health hazards.

The route and duration of the inspection are determined by the state representative. The state representative will make every effort to minimize any work interruptions. The state representative shall observe safety and health conditions and practices; consult with employees privately, if necessary; take photos and instrument readings; examine records, collect air samples, measure noise levels; survey existing engineering controls; and monitor employee exposure to toxic fumes, gases and dusts.

Trade secrets observed by the state representative will be kept confidential. The employer may require that the employee representative(s) have confidential clearance for any area in question.

Employees may be consulted with during the inspection tour. The state representative may stop and question workers, in private, about safety and health conditions and practices in their workplaces. Each employee is protected under state law from discrimination or discharge for exercising his or her safety and health rights to speak freely on workplace conditions.

The state representative will inspect OSHA/MSHA records of deaths, injuries, and illnesses which the employer may be required to keep. Where records of employee exposure to toxic substances and harmful physical agents have been required by OSHA/MSHA, they will be examined for compliance with recordkeeping requirements.

During the course of the inspection, the state representative will point out to the employer any unsafe or unhealthful working conditions observed and recommend corrective actions.

Violations may be corrected immediately. When they are corrected on the spot, the state representative records such corrections of the employer's good faith in compliance.

12. Imminent danger.

Any alleged imminent danger situation brought to the attention of or discovered by the state representative shall be abated immediately, whether or not the inspection was initiated in response to a request from an employer or by a referral of a high frequency employer. Additional inspection activity will take place only after resolution of the imminent danger situation.

13. Elimination of the imminent danger.

When imminent danger is discovered (immediate danger of death or serious injury), the employer shall be so advised and requested to notify their employees of the danger and remove them from the area of imminent danger. It is the duty of the state representative at the site of an imminent danger situation to encourage the employer to do whatever is possible to eliminate the danger.

State representatives may suspend such work operations or equipment determined to constitute an imminent danger situation. Operation of such equipment shall not resume until the dangerous or unsafe condition is corrected to the satisfaction of the state representative.

14. Yellow tag.

A yellow tag shall be placed by an authorized representative of the Department conspicuously in the area where an imminent danger exists. The yellow tag may not be removed until the dangerous condition no longer exists, and the required safeguards and safety devices are installed. Only an authorized state representative can remove or provide written authorization for the removal of a yellow tag. The Department shall make all reasonable efforts to accommodate business schedules, shifts and other special needs to limit business disruption in securing the removal of a yellow tag seven days a week.

If the tag is not removed by the state representative upon departure, the employer may, in writing, request a hearing by the Department after being issued a yellow tag prohibiting use. The hearing will be held within twenty-four hours of the request or as soon as suitable arrangements can be made for a hearings officer. The employer is required to notify the safety committee(s) of the hearing and their right to attend. The Department's state representative may also inform employer representative(s) of the right to attend, and the time and location of the hearing.

15. Closing conference.

Following the walk-through, the state representative will meet with the employer and a member of the safety committee designated by the committee in a closing conference to discuss the findings of the inspection.

16. Hazard correction and program assistance report.

After the closing conference, the state representative will send the employer a written abatement report explaining their findings and confirm any correction periods. A copy will only be made available to the Workers' Compensation Court and the Department of Insurance. The report may also include suggested means or approaches for eliminating or controlling hazards, as well as recommendations for making the employer's written safety and health program more effective. The employer may contact outside assistance or state representatives for additional assistance at any time. However, such requests after an inspection will be considered consultation for a fee if a state representative is requested to return to the worksite.

The state shall require abatement on serious hazards so that each inspection visit achieves its objective - effective worker protection. If an employer fails or refuses to eliminate or control an identified serious hazard or any imminent danger in accordance with the state representative's recommendations or any extensions granted, the employers report prepared by the Department will be forwarded to OSHA/MSHA officials or the most responsible authority for review and action, as appropriate.

17. Abatement period.

The abatement period shall be the shortest interval within which the employer can reasonably be expected to correct the identified violation(s). An abatement date shall be set forth by the state representative in the report as a specific date, not a number of days. When the abatement period is very short (i.e., five working days or less) and it is uncertain when the employer will receive the report, the abatement date shall be set so as to allow for a mail delay and the agreed-upon abatement time. When abatement is witnessed by the state representative during the inspection. The abatement report shall indicate abated immediately.

The abatement period shall not exceed thirty calendar days, without the written consent of the Department. All available information shall be considered in determining what is a reasonable period. Such considerations may include, but are not limited to, the following:

a. The gravity of the alleged violation.

b. The availability of needed equipment, material, and/or personnel.

c. The time required for delivery, installation, modification or construction.

d. Training of personnel.

If, however, the employer contests the hazard identified, the hazard need not be corrected until a final decision is made by the Commissioner.

18. Abatement periods exceeding thirty calendar days.

When an initial abatement date is granted that is in excess of thirty calendar days, the reason shall be documented in the case file.

19. Effect of contest upon abatement period.

In situations where an employer appeals either (a) the period set for abatement, or (b) the report itself, the abatement period shall be considered not to have begun until there has been a final determination by the Commissioner of the report and abatement period. In accordance with these regulations, the abatement period begins when the report or a final order of the commissioner is issued. A follow-up inspection of the worksite may be conducted for purposes of determining whether abatement has been achieved within the time period set forth in the report, unless an appeal has been filed. A Failure to Abate Report may be issued on the basis of the state representative's findings. Employers failing to abate hazards identified within the report shall be referred to the appropriate enforcement authority or to the authority having the most responsibility or control over work place safety and health conditions. The employer shall be billed for additional follow-up inspections and reports.

20. Economic feasibility.

Economic feasibility will only be considered in relating to length of abatement period, not whether abatement shall occur.

004. Inspection/consultation fees .

A. 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/hour

4. 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.

005. Appeals .

A written Notice of Intent to appeal must be filed with the commissioner within thirty days of receipt of the Notice of Abatement. A hearing will be conducted pursuant to 230 NAC 3 of the Department's regulations, with further appeal pursuant to the Administrative Procedure Act.

A. Informal conference.

If in disagreement prior to an employer's written notice of intent to contest, the state representative shall advise those attending the closing conference:

1. That a request for an informal conference with the Workplace Safety Consultation Program manager is strongly encouraged. The informal conference may be by phone or set up at the Workplace Safety Consultation Program manager's office. The informal conference provides an opportunity to:

a. Resolve disputed violations and penalties without the necessity of recourse to the contested litigation process which can be time consuming and expensive;

b. Obtain a more complete understanding of the specific safety or health standards which apply;

c. Discuss ways to correct apparent violations;

d. Discuss problems with proposed abatements dates;

e. Discuss problems concerning employee safety and health practices.

2. That the informal conference does not extend appeal or abatement periods.

B. An employer may appeal an inspection fee if the employer feels the number of hours of inspection billed exceeds the actual number of hours spent on the inspection, or was grossly excessive for the level of inspection performed. Written Notice of Intent to appeal must be filed within thirty days of the date of mailing of the bill for the inspection. A hearing will be conducted pursuant to 230 NAC 3 of the Department's regulations with further appeal pursuant to the Administrative Procedure Act. Informal resolution of disputes is encouraged.

006. Discrimination complaints .

An employee shall not be discharged or discriminated against by his or her employer because he or she makes any oral or written complaint to the safety committee or any governmental agency having regulatory responsibility for occupational safety and health. Any employee so discharged or discriminated against shall be reinstated and shall receive reimbursement for lost wages and work benefits caused by the employer's action. An employee must file a complaint within fifteen days of the alleged occurrence. Upon the receipt of the complaint, the Department shall investigate and make a recommendation to the Commissioner. The Commissioner shall issue a final determination. Further appeal shall be pursuant to 230 NAC 3 and the Administrative Procedure Act.

A. Employer notification letter.

1. The employer shall be notified of the complaint and the substance of the allegation.

2. The employer shall be asked to investigate the alleged complaint and respond to the Department within a specified time. This letter shall be sent by certified mail with return receipt requested. The employer's response will supplement any field investigation.

If the employer is not found in violation, a separate letter shall be sent notifying the employer of the dismissal. This letter shall simply state that the complaint has been dismissed, subject to appeal by the complainant. If the complaint has no merit, the complainant shall be notified by letter that the complaint has been dismissed and/or the case approved for administrative closing.

B. Final investigation report.

After the investigation has been completed, the Labor Law Investigator shall submit a "Final Investigation Report", setting forth the facts of the case, the recommendations and the reasons therefore. If the employer is found in violation, the Final Investigative Report shall include a section dealing with backpay and the Department's fees for time and expenses involved in the investigation.

The commissioner shall forward the employer a final determination letter, stating the facts of the case and the employer's obligation to reinstate the employee in their former position with full back pay and benefits as the employee would have had, prior to the employer's action. Fees for the investigation borne by the employer shall be included in the commissioner's determination letter. Payment must be made to the Department within fifteen working days of receipt of determination letter to close the case file.

007. OSHA/MSHA standards as a reference .

A. The Department is NOT an OSHA or MSHA enforcement authority, however, Neb. Rev. Stat. '48-443, et seq. requires review, determination and enforcement of safety issues. For that reason, OSHA standards and MSHA standards shall be considered in determining minimum acceptable standards.

B. The Department shall use as a standard reference the Occupational Safety and Health Act (OSHA) of 1970, and the Mine Safety and Health Act (MSHA) of 1977, as cited in the definition of "Act" at &001(C)(4). These Acts are available for inspection at:

Nebraska Department of Labor Office of Safety and Labor Standards 5404 Cedar Street, 3rd Floor Omaha, NE 68106

008. Publication and mailing costs .

The Department of Labor assesses a fee of $5.00 for the cost of copying and mailing 230 NAC 6 of the Department's regulations. To obtain a copy, please write or call:

Nebraska Department of Labor................................................ Tel.: (402)595-3185 Office of Safety and Labor Standards 5404 Cedar Street, 3rd Floor Omaha, NE 68106

Nebraska Department of Labor............................................... Tel.: (402) 471-2239 Office of Safety and Labor Standards 301 Centennial Mall, South, Lower Level Lincoln, Nebraska 68508

The Department of Labor's regulations may also be located on the internet at http://www.nol.org/home/SOS/Rules/labor/labor.htm.

History

• Effective 2002-10-21

Chapter 7 Non-English Speaking Employees

Neb. Admin. Code tit. 230, ch. 7 Non-English Speaking Employees {#sec-230-nac-7 omnilex-key=us-ne-regs-official--title-230--230 NAC 7}

001. For the purpose of implementing Neb. Rev. Stat. ''48-2201 to 48-2206:

A. "Actively recruit" shall mean any affirmative act done by or on behalf of an employer for the purpose of recruitment or hiring of non-English speaking employees who reside more than five hundred miles from the place of employment;

B. "Affirmative act" shall mean any positive action by an employer for the purpose of recruiting or hiring non-English speaking employees who reside more than five hundred miles from the place of employment for which they are recruited; and

C. An act shall not be deemed to have been done for the purpose of recruiting or hiring non-English speaking employees unless the act was authorized by the employer and done with the specific intent of recruiting or hiring non-English speaking employees residing more than 500 miles from the place of proposed employment.

History

• Effective 1996-03-18

Chapter 8 Child Labor

Neb. Admin. Code tit. 230, ch. 8 Child Labor {#sec-230-nac-8 omnilex-key=us-ne-regs-official--title-230--230 NAC 8}

001. This chapter is adopted pursuant to Neb. Rev. Stat., ''48-310 and 48-310.01.

002. The fees required by Neb. Rev. Stat.''48-310 and 48-310.01 shall be paid directly to the Department of Labor, by the employer, or proposed employer, before a special permit is issued.

Schedule of Fees:

A. Special permits issued pursuant to

Neb. Rev. Stat. '48-310 $10.00

B. Special permits issued pursuant to

Neb. Rev. Stat. '48-310.01 $10.00

History

• Effective 1996-04-23