Las Vegas, NV November 20, 2024
A heat illness regulation adopted by the
Division of Industrial Relations (DIR) has been filed with the Nevada Secretary
of State and is now in effect. The new
regulation provides flexibility for each business to evaluate workplace hazards
associated with heat to develop and implement a plan that addresses their
specific needs.
According to Division of Industrial Relations Administrator Victoria Carreon, “Approval of this regulation is a critical step to reduce the health risks of heat exposure for Nevada workers in indoor and outdoor settings. This regulation is the culmination of four years of discussion and engagement with various stakeholders to develop a framework that works for Nevada’s workers and employers.”
Developing a Nevada-specific regulatory framework has been a priority of the Division due to the workplace hazards inherent in Nevada’s increasingly hot climate. Heat-related complaints to Nevada’s Occupational Health and Safety Administration have grown exponentially after seeing a dramatic increase in complaints submitted in 2021. During calendar year 2021, 344 complaints were filed, compared to 467 complaints filed through September 2024.
The approved regulation
(R131-24AP) requires
businesses with more than 10 employees to implement the following measures:
- Job
Hazard Analysis:
Businesses with more than 10 employees are required to 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; and
- Procedures
to be followed to minimize the hazards 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 non-functional or ineffective, the employer
shall make a good faith effort to reestablish an effective climate control
system as soon as practicable.
- Until the climate control system is rendered effective, the employer must implement measures that address 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.
The regulation became effective upon filing by the Nevada Secretary of State. In the coming weeks, the Division will post additional guidance for employers on their website (dir.nv.gov). Enforcement of the regulation will begin 90 days from the publication of the guidance.
The Division’s Safety Consultation and Training Section (SCATS) will be developing and posting training courses for the new regulation on their website (4safenv.state.nv.us). Nevada SCATS also provides free workplace safety consultation services to all Nevada employers. For more information, visit https://4safenv.state.nv.us.
About the Division of Industrial Relations:
The Nevada Division of Industrial Relations (DIR) is the principal regulatory agency responsible for workplace safety and worker protections in the state of Nevada. Comprised of five sections –Occupational Safety and Health Administration, Worker’s Compensation Section, Mechanical Compliance Section, Mine Safety and Training Section, and the Safety Consultation and Training Section – DIR works to protect Nevada’s working men and women and provides a broad scope of training and support to the regulated community. For more information please visit http://dir.nv.gov.
About Nevada OSHA:
Nevada
OSHA operates as an approved state program as defined by section 18 of the
Occupational Safety and Health Act of 1970 and is required by the Act to
operate in a manner that is at least as effective as the federal OSHA
enforcement program. Operating out of district offices in Las Vegas and Reno,
Nevada OSHA conducts inspections and investigations intended to identify
hazardous conditions which could harm Nevada’s workers, and enforces state and
federal laws protecting the state’s workers. For more information visit http://dir.nv.gov/OSHA/
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