What happened?

On November 15, 2024, the State of Nevada adopted new regulations that placed new requirements on employers to protect employees from heat-related illness.

Overview:

Nevada adopted new heat illness regulations that require employers to conduct job hazard analyses, implement written safety programs, and provide training and emergency procedures for employees exposed to heat.  

• These changes mean that covered employers must proactively protect workers from heat-related illnesses, ensuring compliance with detailed safety and training requirements. 
• The new regulation allows businesses to evaluate workplace hazards associated with heat and develop tailored plans, requiring those with 11 or more employees to implement protective measures for indoor and outdoor heat.  
• It exempts employees in climate-controlled environments, but if the system fails, employers must promptly restore it and address potential heat hazards. 

Additional Details:

Nevada Heat Safety Rule Summary: 

• Flexibility for Businesses: The final regulations allow businesses to evaluate workplace hazards and develop specific plans tailored to their needs, ensuring effective implementation across various industries. 
• Job Hazard Analysis: The requirement for a one-time job hazard analysis was maintained. However, the final rules clarify that this analysis is limited to job classifications where employees are exposed to heat for more than 30 minutes in any 60 minutes, excluding breaks. The analysis must be performed before a task is undertaken for the first time and whenever a task materially changes. 
• Written Safety Program: The final regulations retained the requirement for a written safety program if heat illness risks are identified, providing more detailed guidance on what the program should include, such as provisions for potable water, rest breaks, cooling methods, monitoring of working conditions, and employee training. 
• Emergency Procedures: The final regulations specified that employers must designate an individual to contact emergency services if an employee shows signs of heat illness, with detailed procedures for emergency response. 
• Training Requirements: The final regulations include more detailed training requirements, ensuring employees are educated in recognizing heat illness hazards and the procedures to minimize these hazards.
• Exemptions: The final regulations clarified that the requirements do not apply to employees working in climate-controlled environments, such as air-conditioned buildings or vehicles. If the climate control system fails, employers must promptly restore it and implement measures to address potential heat hazards. 
• Additional Provisions: The final regulations allow employers to provide protections exceeding the requirements, prohibit collective bargaining agreements from waiving or reducing the requirements, and ensure that the regulations do not affect existing laws governing industrial insurance and compensation for workplace injuries. 

Vensure encourages employers to read the full regulations for important changes, added requirements, and new restrictions since the above is an executive summary. 

“Please ensure that you mark the effective date on your calendar as a reminder to be fully prepared and ready to ensure compliance with applicable laws and regulations.” 

Source References

• Nevada DIR Final Heat Safety Rule 
• Nevada OSHA Proposed Heat Safety Rule (VensureHR)

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