New heat-based worker protections on the books in Nevada

LAS VEGAS — For the first time, businesses in Nevada will have to comply with heat-based hazard regulations in the workplace.

The announcement came from the state’s Occupational Safety and Health Administration (OSHA) Wednesday, following the hottest summer on record in Las Vegas.

This is big news for any organization with more than 10 employees where most employees are exposed to heat illness. These businesses will now have to do a job hazard analysis specifically on heat and adopt a written plan to mitigate worker exposure.

The new regulations are not temperature-threshold specific.

“Because every job is different, whether you’re in a kitchen, whether you’re outside as a landscaper or construction worker or a warehouse, every situation is different where there was no uniform temperature threshold that worked for all types of environments,” Victoria Carreon, Division of Industrial Relations Administrator, said.

Other states that have heat-based workplace regulations include California, Washington and Oregon making Nevada the next in the West to adopt such workplace rules. However, this new regulation did not come from the state lawmakers or from the federal level.

“In this case, this was not required by the legislature, this was something that Nevada OSHA decided was really important for Nevada given our hot, desert climate and the hazard of heat illness,” Carreon said.

Guidance for how this regulation will be rolled out and implemented is expected in the next 30 days. After that, an outreach and engagement initiative will take place over the course of three months to help businesses understand what they need to do to comply with this newest regulation.

Enforcement will begin after that, just in time for next summer.

“Ultimately, it is the responsibility of the employers to determine what the hazards are and implement measures that will protect their employees from heat illness,” Carreon said.

2024’s Extreme Heat

This year, OSHA received 467 heat-related complaints for workplace hazards, which may not be surprising given the record-breaking nature of this season’s hot weather. We experienced 112 days over 100°, with 36 of those days over 110°.

The level of heat-related mortality also rose this year, Clark County has counted over 400 deaths so far this year where hot temperatures played a significant role.

Clark Co. reports 402 heat deaths so far this year

Regulation Outline

The approved regulation (R131-24AP [leg.state.nv.us]) requires businesses with more than 10 employees to implement the following measures:

• Job Hazard Analysis: Businesses with more than 10 employees must 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
  • Procedures to be followed to minimize the hazards of heat illness.
• Exemption for Climate-Controlled Environments:
  • The regulation’s requirements 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 nonfunctional or ineffective, the employer shall make a good-faith effort to reestablish an effective 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.