cy, political subdivision or metropolitan police department may furnish coverage for industrial insurance for a contractor as specified in the contract. 2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor: (a) In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS; and (b) Is otherwise in compliance with those terms, conditions and provisions. 3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain industrial insurance for himself during any period in which he performs work under the contract for which he submitted the affidavit. 4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section: (a) Must not, for any purpose, be considered to be the employer of the sole proprietor or his employees, if any; and (b) Is not liable as a principal contractor to the sole proprietor or his employees, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract. [29:168:1947; 1943 NCL § 2680.29]—(NRS A 1973, 927; 1981, 1465; 1985, 665; 1993, 549; 2001, 609) NRS 616B.630 Notification of State Contractors’ Board and Administrator if contractor no longer provides industrial insurance. 1. The Administrator shall, not later than 10 days after receiving notice from the advisory organization that a contractor’s coverage has lapsed, notify the State Contractors’ Board of that fact. 2. The Commissioner shall notify the Administrator and the State Contractors’ Board within 10 days after a contractor’s certificate of qualification as a self-insured employer is cancelled or withdrawn or he is no longer a member of an association of self-insured public or private employers. (Added to NRS by 1983, 541; A 1993, 710; 1995, 2017; 1997, 1434; 2005, 1490) NRS 616B.633 Applicability to all employers who employ at least one employee. Where an employer has in his service any employee under a contract of hire, except as otherwise expressly provided in chapters 616A to 616D, inclusive, of NRS, the terms, conditions and provisions of those chapters are conclusive, compulsory and obligatory upon both employer and employee. [30:168:1947; A 1949, 659; 1951, 485]—(NRS A 1973, 599; 1975, 1018; 1995, 2017)—(Substituted in revision for NRS 616.285) NRS 616B.636 Actions at law by employees. 1. If any employer within the provisions of NRS 616B.633 fails to provide and secure compensation under chapters 616A to 616D, inclusive, of NRS, any injured employee or his dependents may bring an action at law against the employer for damages as if those chapters did not apply. 2. The injured employee or his dependents may in such an action attach the property of the employer at any time upon or after the institution of the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS govern the issuance of, and proceedings upon, the attachment. 3. In such an action, the employer does not escape liability for personal injury or accident sustained by the employee, when the injury sustained arises out of and in the course of the employment, because: (a) The employee assumed the risks: (1) Inherent or incidental to, or arising out of his employment; (2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or (3) Arising from the failure of the employer to furnish reasonably safe tools, motor vehicles or appliances. (b) The employer exercised reasonable care in selecting reasonably competent employees in the business. (c) The injury was caused by the negligence of a coemployee. (d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated. In such cases it is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury, and the burden of proof rests upon the employer to rebut the presumption of negligence. [31:168:1947; 1943 NCL § 2680.31]—(NRS A 1960, 154; 1975, 1020; 1991, 2408)—(Substituted in revision for NRS 616.375) NRS 616B.639 Limitation of liability of principal contractor for industrial injury to independent contractor or employee of independent contractor. 1. A principal contractor is not liable for the payment of compensation for any industrial injury to any independent contractor or any employee of an independent contractor if: (a) The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to chapters 616A to 616D, inclusive, of NRS; (b) Proof of such coverage is provided to the principal contractor; (c) The principal contractor is not engaged in any construction project; and (d) The independent contractor is not in the same trade, business, profession or occupation as the principal contractor. 2. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1991, 2392)—(Substituted in revision for NRS 616.286) NRS 616B.642 Limitation on liability of owner of property who is not acting as principal contractor. An owner of property who is not acting as a principal contractor may not be held liable for any payment, in excess of any remaining money retained by him to assure payments under chapters 616A to 616D, inclusive, of NRS, of costs relating to industrial insurance required to be paid by his principal contractor or any subcontractor, should the principal contractor or subcontractor default or otherwise be unable to pay for the required insurance. (Added to NRS by 1987, 449)—(Substituted in revision for NRS 616.287) NRS 616B.645 Determination of obligation of principal contractor or owner of property: Preliminary statement of coverage; issuance or denial of final certificate of coverage. 1. To determine his obligation to pay premiums for industrial insurance on behalf of his subcontractors and independent contractors and their employees, a principal contractor or owner of property acting as a principal contractor may request the appropriate insurer to: (a) Provide him with a statement certifying whether: (1) Each of the subcontractors and independent contractors working in his project is insured; and (2) Each sole proprietor who is a subcontractor or independent contractor has elected coverage for himself pursuant to chapters 616A to 617, inclusive, of NRS. (b) During the course of the project, notify him whenever any of the subcontractors or independent contractors fail to pay premiums or otherwise maintain industrial insurance. 2. Upon completion of the project, the principal contractor or owner may request the insurer to certify that each subcontractor or independent contractor who was previously reported

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