1. Except as otherwise provided in subsection 2, the following are exempt from the provisions of NRS 613.440 to 613.500, inclusive:
(a) Any employer who requests an employee to submit to a polygraphic examination if:
(1) The examination is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, including theft, embezzlement, misappropriation or an act of unlawful industrial espionage or sabotage;
(2) The employee had access to the property that is the subject of the investigation;
(3) The employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and
(4) The employer provides to the employee, before the examination, a written statement that:
(I) Sets forth with particularity the specific incident or activity being investigated;
(II) Is signed by the employer or an agent of the employer;
(III) Is retained by the employer for at least 3 years; and
(IV) Contains an identification of the specific economic loss or injury to the business, a statement indicating that the employee had access to the property and a statement describing the basis of the employer’s reasonable suspicion that the employee was involved in the incident.
(b) The use of polygraphic examinations on prospective employees who would be employed to protect:
(1) Facilities, materials or operations having a significant impact on the health or safety of this state or any political subdivision of this state; or
(2) Currency, negotiable securities, precious commodities or instruments or proprietary information,
requested by the potential employer whose primary business is to provide armored car personnel, personnel engaged in the design, installation and maintenance of security alarm systems or other security personnel.
(c) The use of a polygraphic examination by any employer authorized to manufacture, distribute or dispense a controlled substance if:
(1) The examination is administered to a prospective employee who would have direct access to the manufacture, storage, distribution or sale of any controlled substance; or
(2) The examination is administered to a current employee in connection with an ongoing investigation of misconduct involving a controlled substance manufactured, distributed or dispensed by the employer if the employee had access to the property that is the subject of the investigation.
2. The exemptions provided in subsection 1 are applicable only if:
(a) The polygraphic examination is administered by a person who holds a valid license as a polygraphic examiner or intern or is qualified as a polygraphic examiner and is exempt from the requirement of licensing pursuant to the provisions of chapter 648 of NRS; and
(b) The results of a polygraphic examination or the refusal to take a polygraphic examination is not used as the sole basis upon which an adverse employment action is taken against an employee or prospective employee.
(Added to NRS by 1989, 724)