Lyon County To Consider Defying Governor's COVID-19 Orders For Businesses

Las Vegas NV

28 January, 2021

5:57 PM

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By Jannelle Calderon, the Nevada Independent January 28th, 2021 Lyon County could become the latest rural county to declare an economic emergency and decline to enforce the governor's COVID-19 directives on the basis that they hurt businesses. Lyon County Commissioners are scheduled to review a resolution on the matter at a special meeting on Thursday. If passed without amendments, it will allow the sheriff and district attorney to use their discretion not to enforce or respond to complaints related to violations of Gov. Steve Sisolak's emergency directives, but says authorities are required to enforce all local orders and regulations put in order by the Lyon County Board of Public Health. The Lyon County resolution would allow businesses to determine whether and how to implement certain practices as they see fit, and would establish a $50,000 "Economic Relief Fund" for businesses that have incurred fines, penalties, or legal fees related to the directives. The governor's directives generally require face coverings for all business employees and patrons, limit room occupancy and require a well-sanitized environment. According to the Nevada State Occupational Safety and Health Administration (OSHA) dashboard, Lyon County businesses have passed 90 percent of the time that OSHA has inspected them. Complaints about Lyon County businesses that were logged with OSHA in the past month include employees and patrons failing to comply with mask mandates, management allowing an employee to go back to work the same day after testing positive for COVID-19 and employers not providing cleaning supplies for a work space. In December, White Pine County commissioners approved a resolution that declared an economic emergency and became the template for Lyon County's resolution. It allowed the sheriff and district attorney to use their discretion not to enforce the directives and established a $50,000 county fund to pay the businesses' fines. Elko County commissioners then passed their own resolution in early January, urging the governor to remove restrictions on businesses and discontinue OSHA inspections that might lead to businesses being fined. The commission argued that the governor had failed to provide scientific evidence to prove the restrictions had a significant impact on reducing the spread of COVID-19 in the community. The penalty for willful violations where an employer knowingly failed to comply with OSHA standards is at minimum $9,639 and maximum $136,532. "Nevada law requires employers to maintain a workplace free of recognized hazards," a Nevada OSHA spokesperson said in a statement. "OSHA has a legal obligation to conduct an investigation of these incidents when notified by the employer, employee or third party. The agency will take all available legal steps necessary in order to carry out its statutory duties." The governor's office did not immediately respond to a request for comment. The Nevada Independent is a nonprofit, reader-supported news site. Since 2017, we have provided nonpartisan reporting on Nevada public policy, politics and people. Sign up here for our free morning newsletter. This story was originally published on