Nevada Takes Action: Heat Illness Prevention Regulation Gets Approval

The Nevada Division of Industrial Relations (DIR), the principal regulatory agency responsible for workplace safety and worker protections in the state of Nevada, recently adopted a heat illness prevention regulation to protect workers in indoor and outdoor places of employment from heat hazards.

The development of a heat-specific regulatory framework has been a priority of the DIR due to the increasing number of heat-related complaints to Nevada’s Occupational Health and Safety Administration since 2021.

Key Requirements of Heat Illness Prevention Regulation

The new regulation requires most Nevada businesses¹ with more than 10 employees to perform a one-time job hazard analysis and, depending on the results of the job hazard analysis, adopt a written safety plan, implement emergency response procedures, and train their employees on certain topics related to heat illness.

Job Hazard Analysis

The one-time job hazard analysis to assess working conditions that could cause occupational exposure heat illness must include those job classifications where a majority of employees have exposure to heat illness for more than 30 minutes in any 60-minute period, not including breaks. The analysis must also include all tasks and procedures (or groups of closely related tasks and procedures) where exposure to heat illness may occur.

Written Safety Program

If a job hazard analysis identifies conditions that may expose employees to heat illness, an employer must include in its written safety program the following:

• Provision of potable water;
• Provision of a rest break for an employee exhibiting signs or symptoms of heat illness;
• Provision for means of cooling for employees;
• Monitoring of working conditions that could create occupational exposure to heat illness, unless the employee is loading or unloading a motor vehicle that operates on public highways;
• Identification and mitigation of work processes that may generate additional heat or humidity;
• Training of employees; and
• Procedures for responding to an emergency.

Emergency Response Procedures

Heat Alert: Triple-Digit Temperatures and Heat Advisory for Wednesday

The new regulation requires an employer to designate an employee who is authorized to carry out certain emergency response functions if the employer determines, based on its job hazard analysis, that an employee may be exposed to heat illness. The employee designated by the employer must perform the below functions when an employee is experiencing signs or symptoms of heat illness:

• Monitor the employee to determine whether medical attention is necessary;
• Contact emergency medical services if an emergency response is required;
• Provide information necessary to enable an emergency responder to reach the employee; and
• If necessary and appropriate, transport the employee to a location where an emergency responder can reach the employee.

In addition, the employee designated by the employer must monitor working conditions that could create exposure to 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.

Next Steps

Although the regulation is now in effect, the Division has announced that sometime in the coming weeks it will post additional guidance for employers on their website (dir.nv.gov). Nevada OSHA will begin enforcement of the regulation 90 days from the publication of the guidance.

As such, Nevada employers that may be affected by this new regulation should review the requirements in the regulation and take immediate steps to revise their written safety programs to include these new heat-related provisions and train their employees.

Employers with any questions or concerns about these new requirements should consult with knowledgeable OSHA counsel.