Nevada adopts new heat illness regulation to protect workers across the state

LAS VEGAS (KSNV) — A new heat illness regulation adopted by the Division of Industrial Relations (DIR) has been filed with the Nevada Secretary of State and is now in effect.

The regulation allows businesses to assess workplace hazards related to heat and create tailored plans to address their specific needs.

The development of a Nevada-specific regulatory framework has been a priority for the Division due to the increasing workplace hazards associated with the state's hot climate.

Heat-related complaints to Nevada’s Occupational Health and Safety Administration have surged, with 344 complaints filed in 2021 and 467 complaints filed through September 2024.

The approved regulation requires businesses with more than 10 employees to implement the following measures:

Job Hazard Analysis: Businesses with more than 10 employees are required to perform a one-time job hazard analysis of working conditions that could cause heat illness.

• This analysis is limited to job classifications where a majority of employees have occupational exposure to heat illness for more than 30 minutes of any 60-minute period, excluding breaks.

Written Safety Program: If the job hazard analysis identifies conditions that may cause heat illness, a written plan is required that includes the following:

• Provision of potable water;
• Provision of a rest break when an employee exhibits signs or symptoms of heat illness;
• Provision for means of cooling for employees;
• Monitoring by a person designated by the employer of working conditions that could create occupational exposure to heat illness;
• Identification and mitigation of work processes that may generate additional heat or humidity;
• Training of employees; and
• Procedures for responding to an emergency.

Emergency Procedures: Employers are required to designate an individual who will contact emergency services if an employee is experiencing signs of heat illness.

Training: Employers are required to provide training to employees identified in the job hazard analysis on the following topics:

• How to recognize the hazards of heat illness; and
• Procedures to be followed to minimize the hazards of heat illness.

Exemption for Climate-Controlled Environments:

• The requirements of the regulation do not apply to employees who work indoors in climate-controlled environments, including motor vehicles with a properly functioning climate control system.
• If the climate control system becomes non-functional or ineffective, the employer shall make a good-faith effort to reestablish an effective climate control system as soon as practicable.
• Until the climate control system is rendered effective, the employer must implement the potential hazards that could cause heat illness.

Collective Bargaining Agreements:

• Employers can exceed the requirements of the regulation on their own or through collective bargaining agreements.
• Collective bargaining agreements cannot waive or reduce the requirements of the regulation; and
• The regulation does not relieve an employer of contractual obligations under a collective bargaining agreement.

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Enforcement of the regulation will begin 90 days from the publication of the guidance.

For more information, click here.