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New workplace heat regulation goes into effect in Nevada
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New workplace heat regulation goes into effect in Nevada

LAS VEGAS, Nev. (KOLO) – A new heat illness regulation has been approved that will go into effect in the state of Nevada.

The regulation was first adopted by the Division of Industrial Relations and has now been filed with the Nevada Secretary of State. The new regulation provides greater flexibility for each business to assess workplace hazards associated with heat and develop and implement a plan that meets their specific needs.

“Approval of this regulation is an essential step to reduce the health risks of heat exposure for Nevada workers in indoor and outdoor environments. This regulation is the culmination of four years of discussion and engagement with various stakeholders to develop a framework that works for Nevada workers and employers,” said Victoria Carreon, administrator of the Division of Industrial Relations.

The Nevada Department of Business and Industry says developing a Nevada-specific regulatory framework was a priority given the state’s warmer climate.

They say heat-related complaints to Nevada OSHA have increased significantly after a dramatic increase in complaints were filed in 2021. In 2021, 344 complaints were filed, compared to 467 filed through September 2024.

The new regulations will require businesses with more than 10 employees to adopt the following measures:

  • Analysis of workplace hazards: Businesses with more than 10 employees are required to carry out a single workplace risk analysis of working conditions that could cause heat illness.
  • This analysis is limited to job classifications where the majority of employees are occupationally exposed to heat illness for more than 30 minutes of any 60-minute period, excluding breaks.
  • Written safety program: If the workplace hazard analysis identifies conditions that may cause heat illness, a written plan is required that includes the following:
  • Supply of drinking water;
  • Providing a rest break when an employee shows signs or symptoms of heat illness;
  • Provision of cooling means for employees;
  • Monitoring by a person designated by the employer of working conditions that could create occupational exposure to thermal illnesses;
  • Identifying and mitigating work processes that may generate additional heat or humidity;
  • Employee training; and
  • Emergency response procedures.
  • Emergency Procedures: Employers are required to designate a person to contact emergency services if an employee experiences signs of heat illness.
  • The training: Employers are required to provide training to employees identified in the workplace risk analysis on the following topics:
  • How to recognize the dangers of heat illness; and
  • Procedures to be followed to minimize the dangers 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 inoperable or ineffective, the employer must make a good faith effort to restore an effective climate control system as soon as possible.
  • Until the climate control system becomes effective, the employer must implement potential hazards that could cause heat illness.
  • Collective contracts:
  • Employers can exceed the requirements of the regulation on their own or through collective agreements.
  • Collective agreements cannot derogate or reduce the requirements of the regulation; and
  • The Regulation does not exempt an employer from contractual obligations under a collective agreement.