Update Applicable to:	Effective date
All covered employers in Nevada with 11 or more employees	See details below

What happened?

The Nevada Occupational Safety and Health Administration (Nevada OSHA) seeks to implement a new regulation aimed at preventing heat-related illnesses and ensuring the well-being of workers in the state. 

What are the details?

 
Key Bites for Employers:

• The rule is being proposed in response to 127 heat-related complaints that Nevada OSHA received in a single month.

• It is an attempt to adopt a Nevada-specific heat illness regulation after a previous rule failed to pass during the last legislative session.

• The rule would apply to private businesses, state government, and local government employers whose employees are exposed to indoor and outdoor working conditions that may cause occupational exposure to heat illness. It would not apply to workers performing household domestic service, working in motor vehicles operating on public highways, or those regulated by certain federal acts.
  • Small employers are exempted.

• The proposed rule defines “occupational exposure” as any working condition that creates a reasonable likelihood that heat illness could occur. “Heat Illness” is also defined.

• The agency recently sent the draft regulation to state lawmakers for approval to have it in place before summer 2025.

Key Bites for Employers:

• Heat Illness Prevention Plans: The proposed regulation requires employers to develop and implement written heat illness prevention plans. There must be a “Designated Individual”.

• Hazard Analysis:  Employers with over 11 employees must conduct a one-time job hazard analysis (JHA) to evaluate potential heat illness risks and should include (1) Job classifications where most employees are exposed to heat for more than 30 minutes per hour (breaks are excluded) and (2) Tasks and related procedures that may cause exposure, performed by employees in the above classifications.

• Training & Education: the proposed regulation requires employers to train employees on recognizing hazards and symptoms, as well as how to proceed in curating them.

Business Considerations

• Employers should plan and draft a prevention program to mitigate against heat-related injuries and illnesses. This includes conducting a hazard analysis of all job duties or positions that could involve exposure to extreme heat, both outdoors and indoors. You can find inspiration in the California Heat Indoor and Outdoor Rule, as well as the Federal OSHA Proposed Rule.
• Employers should be proactive and provide (1) medical screening for all workers who will work in high-heat settings to minimize risks and (2) train all workers on how to prevent heat illnesses.
• Employers should provide unscheduled rest breaks and require work/rest periods. A best practice is requiring rest breaks of up to five minutes in the shade every hour, or 10 minutes every two hours.
• Employers should provide unlimited, easy access to cool water. Employees should be encouraged to remain hydrated all the time, even if they are not feeling thirsty. Camelbacks are a helpful solution to ensure the employees are carrying water all the time, as well as having refill stations.
• Employers should provide access to shaded areas and cooling fans. Hats should be provided for outdoor workers in the sun.
• Employers should be flexible and consider changing start times and days during a project to avoid high-heat hours. Rotating crews of workers to minimize work during the hottest hours could also be beneficial and require an acclimatization period for workers not used to working in the heat.
• Employers should be prepared for the worst-case scenario by ensuring access to first aid and prompt medical attention for symptomatic employees.

Source References

• NV OSHA Heat Safety Standard
• The Heat Is On: Nevada OSHA’s Proposed Heat Illness Prevention Regulation (Ogletree Deakins)
• Heat of the Moment: What Employers Need to Know About Nevada OSHA’s Latest Proposed Heat Safety Rule and 10 Steps You Can Take to Protect Your Workers (Fisher & Phillips LLP.)

Resources

• OSHA HEAT SAFETY GUIDELINES FOR EMPLOYERS AND THE WORKPLACE (NAE)

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