Nevada Revised Statutes
Chapter 616A - Industrial Insurance: Administration
NRS 616A.466 - Recognition of certain provisions of collective bargaining agreements. [Effective through December 31, 2021.] Recognition of certain provisions of collective bargaining agreements. [Effective January 1, 2022.]


1. Except as otherwise provided in subsection 2, notwithstanding any provisions of chapters 616A to 617, inclusive, of NRS to the contrary, the Division and the courts of this State shall recognize as valid and binding, in a collective bargaining agreement between a private employer or a group of private employers and a labor organization that represents the employees of such employers, any provision which establishes:
(a) A process for alternative dispute resolution, including, without limitation, mediation and arbitration, which governs disputes between employees and employers or their insurers and which supplements or replaces all or part of the dispute resolution processes contained in chapters 616A to 617, inclusive, of NRS. Any such process for alternative dispute resolution must provide that a finding of fact, award, order or decision of an arbitrator or board of arbitration:
(1) Has the same force and effect as a finding of fact, award, order or decision of a hearing officer or the Administrator, as applicable; and
(2) Is subject to review by an appeals officer in the same manner, and using the same procedures, as provided for review of a finding of fact, award, order or decision made by a hearing officer or the Administrator, as applicable;
(b) The use of a specified list of providers of medical treatment who may be the exclusive source of all medical treatment provided under chapters 616A to 617, inclusive, of NRS;
(c) The use of a specified list of medical evaluators who may be the exclusive source of all medical evaluations under chapters 616A to 617, inclusive, of NRS;
(d) A joint committee for safety involving both the employer and the labor organization;
(e) A program for light-duty employment or employment that is modified according to limitations or restrictions imposed by a physician or chiropractor; or
(f) A program for vocational rehabilitation utilizing a specified list of providers of vocational rehabilitation services who may be the exclusive source of all vocational rehabilitation services under chapters 616A to 617, inclusive, of NRS.
2. Nothing in this section:
(a) Authorizes any provision of a collective bargaining agreement to reduce the entitlement of an employee to compensation for temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, vocational rehabilitation services or medical treatment fully paid for by the employer, as otherwise provided in chapters 616A to 617, inclusive, of NRS. Any provision of a collective bargaining agreement which purports to so reduce the entitlement of an employee to any such compensation is void.
(b) Prohibits an employer and a labor organization from negotiating any aspect of the delivery of medical benefits or the delivery of compensation for disability to employees of the employer or group of employers who are eligible for group health benefits and disability benefits through their employer other than those provided in chapters 616A to 617, inclusive, of NRS.
3. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
(Added to NRS by 2009, 2064)

1. Except as otherwise provided in subsection 2, notwithstanding any provisions of chapters 616A to 617, inclusive, of NRS to the contrary, the Division and the courts of this State shall recognize as valid and binding, in a collective bargaining agreement between a private employer or a group of private employers and a labor organization that represents the employees of such employers, any provision which establishes:
(a) A process for alternative dispute resolution, including, without limitation, mediation and arbitration, which governs disputes between employees and employers or their insurers and which supplements or replaces all or part of the dispute resolution processes contained in chapters 616A to 617, inclusive, of NRS. Any such process for alternative dispute resolution must provide that a finding of fact, award, order or decision of an arbitrator or board of arbitration:
(1) Has the same force and effect as a finding of fact, award, order or decision of a hearing officer or the Administrator, as applicable; and
(2) Is subject to review by an appeals officer in the same manner, and using the same procedures, as provided for review of a finding of fact, award, order or decision made by a hearing officer or the Administrator, as applicable;
(b) The use of a specified list of providers of medical treatment who may be the exclusive source of all medical treatment provided under chapters 616A to 617, inclusive, of NRS;
(c) The use of a specified list of medical evaluators who may be the exclusive source of all medical evaluations under chapters 616A to 617, inclusive, of NRS;
(d) A joint committee for safety involving both the employer and the labor organization;
(e) A program for light-duty employment or employment that is modified according to limitations or restrictions imposed by a physician or chiropractic physician; or
(f) A program for vocational rehabilitation utilizing a specified list of providers of vocational rehabilitation services who may be the exclusive source of all vocational rehabilitation services under chapters 616A to 617, inclusive, of NRS.
2. Nothing in this section:
(a) Authorizes any provision of a collective bargaining agreement to reduce the entitlement of an employee to compensation for temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, vocational rehabilitation services or medical treatment fully paid for by the employer, as otherwise provided in chapters 616A to 617, inclusive, of NRS. Any provision of a collective bargaining agreement which purports to so reduce the entitlement of an employee to any such compensation is void.
(b) Prohibits an employer and a labor organization from negotiating any aspect of the delivery of medical benefits or the delivery of compensation for disability to employees of the employer or group of employers who are eligible for group health benefits and disability benefits through their employer other than those provided in chapters 616A to 617, inclusive, of NRS.
3. As used in this section, "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
(Added to NRS by 2009, 2064; A 2021, 534, effective January 1, 2022)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 616A - Industrial Insurance: Administration

NRS 616A.005 - Short title.

NRS 616A.010 - Legislative declarations: Statutory construction; repudiation of common law; basis of provisions; balanced interpretation required.

NRS 616A.015 - Prior acts of State Industrial Insurance System continued in effect; disposition of claims and causes of action existing on December 31, 1999.

NRS 616A.020 - Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers.

NRS 616A.021 - Limitation of actions upon repeal or invalidity.

NRS 616A.022 - Applicability of Nevada Insurance Code.

NRS 616A.025 - Definitions.

NRS 616A.030 - "Accident" defined.

NRS 616A.035 - "Accident benefits" defined.

NRS 616A.040 - "Administrator" defined.

NRS 616A.045 - "Advisory organization" defined.

NRS 616A.047 - "Appeals Panel" defined.

NRS 616A.050 - "Association of self-insured private employers" defined.

NRS 616A.055 - "Association of self-insured public employers" defined.

NRS 616A.060 - "Association’s administrator" defined.

NRS 616A.065 - "Average monthly wage" defined.

NRS 616A.070 - "Benefit penalty" defined.

NRS 616A.075 - "Casual" defined.

NRS 616A.077 - "Catastrophic injury" defined.

NRS 616A.080 - "Certified vocational rehabilitation counselor" defined.

NRS 616A.085 - "Commissioner" defined.

NRS 616A.090 - "Compensation" defined.

NRS 616A.092 - "Consolidated insurance program" defined.

NRS 616A.093 - "Contractor-controlled insurance program" defined.

NRS 616A.095 - "Damages" defined.

NRS 616A.100 - "Division" defined.

NRS 616A.105 - "Employee" and "worker" defined.

NRS 616A.110 - "Employee": Persons excluded.

NRS 616A.115 - "Employee": Lessees engaged in mining or operating a reduction plant.

NRS 616A.120 - "Employee": Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services.

NRS 616A.125 - "Employee": Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services.

NRS 616A.130 - "Employee": Volunteer workers in program for public service.

NRS 616A.135 - "Employee": Persons performing volunteer work for private organizations as part of public programs.

NRS 616A.140 - "Employee": Members of Nevada Wing of Civil Air Patrol.

NRS 616A.145 - "Employee": Volunteer firefighters.

NRS 616A.150 - "Employee": Paid firefighter performing voluntary off-duty services as firefighter.

NRS 616A.155 - "Employee": Persons rendering voluntary ambulance service.

NRS 616A.157 - "Employee": Volunteer members of search and rescue organization.

NRS 616A.160 - "Employee": Volunteer peace officers and persons authorized to issue certain citations pursuant to NRS 484B.470.

NRS 616A.165 - "Employee": Trustees of school districts.

NRS 616A.170 - "Employee": Junior traffic patrols.

NRS 616A.175 - "Employee": Person vending or delivering newspaper or magazine.

NRS 616A.180 - "Employee": Members of county advisory boards to manage wildlife.

NRS 616A.185 - "Employee": Members of Nevada Legislature.

NRS 616A.190 - "Employee": Certain members of state, county and local departments, boards, commissions, agencies or bureaus; adjunct professors of Nevada System of Higher Education; members of Board of Regents.

NRS 616A.195 - "Employee": Persons ordered by court to perform community service.

NRS 616A.205 - "Employee": Volunteer workers at facilities for inpatients of Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 616A.207 - "Employee": Volunteer health practitioners.

NRS 616A.210 - "Employee": Subcontractors and employees.

NRS 616A.215 - "Employee": Apprentices and trainees.

NRS 616A.220 - "Employee": Real estate licensees.

NRS 616A.225 - "Employee": Persons participating in federally approved training programs.

NRS 616A.230 - "Employer" defined.

NRS 616A.240 - "Foot" defined.

NRS 616A.245 - "Hand" defined.

NRS 616A.250 - "Incarcerated" defined.

NRS 616A.255 - "Independent contractor" defined.

NRS 616A.257 - "Independent review organization" defined.

NRS 616A.260 - "Industrial insurance" defined.

NRS 616A.265 - "Injury" and "personal injury" defined.

NRS 616A.270 - "Insurer" defined.

NRS 616A.273 - "Medical facility" defined.

NRS 616A.280 - "Organization for managed care" defined.

NRS 616A.282 - "Owner-controlled insurance program" defined.

NRS 616A.283 - "Police officer" defined.

NRS 616A.284 - "Policy year" defined.

NRS 616A.285 - "Principal contractor" defined.

NRS 616A.290 - "Private carrier" defined.

NRS 616A.295 - "Private employer" defined.

NRS 616A.300 - "Public employer" defined.

NRS 616A.305 - "Self-insured employer" defined.

NRS 616A.310 - "Sole proprietor" defined.

NRS 616A.315 - "Solicitor" defined.

NRS 616A.317 - "State Industrial Insurance System" defined.

NRS 616A.320 - "Subcontractors" defined.

NRS 616A.330 - "Tangible net worth" defined.

NRS 616A.335 - "Third-party administrator" defined.

NRS 616A.340 - "Total disability" defined.

NRS 616A.345 - "Trade association" defined.

NRS 616A.350 - "Trade, business, profession or occupation of his or her employer" defined.

NRS 616A.355 - "Utilization review" defined.

NRS 616A.360 - "Vocational rehabilitation services" defined.

NRS 616A.400 - Duties of Administrator: Regulations.

NRS 616A.401 - Duties of Administrator: Adoption of regulations concerning determination of categories of injuries to be deemed catastrophic injuries.

NRS 616A.402 - Duties of Administrator: Program concerning rights and responsibilities of employers and employees.

NRS 616A.403 - Duties of Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act.

NRS 616A.404 - Duties of Administrator: Provision of information for Office for Consumer Health Assistance.

NRS 616A.405 - Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS.

NRS 616A.410 - Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings.

NRS 616A.417 - Filing or delivering documentation by electronic transmission; regulations by Administrator.

NRS 616A.420 - Agreements or compacts with other states; insurance coverage against double liability of employers.

NRS 616A.425 - Fund for Workers’ Compensation and Safety.

NRS 616A.430 - Uninsured Employers’ Claim Account.

NRS 616A.435 - Office created; appointment; term; qualifications; duties limited.

NRS 616A.440 - Employment of Deputy and staff; qualifications of Deputy.

NRS 616A.445 - Offices; budget.

NRS 616A.450 - Request for appointment; consideration of and action upon request; representation upon appointment.

NRS 616A.455 - Powers and duties.

NRS 616A.460 - Employment of private counsel by claimant; reimbursement of Division; report to Governor.

NRS 616A.465 - Responsibilities of Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers.

NRS 616A.466 - Recognition of certain provisions of collective bargaining agreements. [Effective through December 31, 2021.] Recognition of certain provisions of collective bargaining agreements. [Effective January 1, 2022.]

NRS 616A.467 - Power of Commissioner and Administrator to delegate authority to collect fines and deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s fees and costs of investigation if authority to collect fines not delegated.

NRS 616A.469 - Certificate to operate as independent review organization: Authority of Commissioner to issue certificate; application; fee; prerequisites to issuance; ineligible parties.

NRS 616A.470 - Self-insured employers and private carriers to compensate Nevada Attorney for Injured Workers or Hearings Division of Department of Administration for services provided.

NRS 616A.475 - Self-insured employers, associations of self-insured employers and private carriers to furnish information to Administrator; insured employer to keep sufficient supply of blank forms.

NRS 616A.480 - Required execution of blank forms by employer; penalty for noncompliance.

NRS 616A.485 - Employer’s records open to inspection.

NRS 616A.490 - Employer to post notice identifying industrial insurer; contents of notice.

NRS 616A.495 - Employer to make available evidence of coverage; penalty for noncompliance.