Nevada’s New Heat Illness Regulation Is Here

Even as temperatures began to cool, Nevada’s Division of Industrial Relations (DIR) was working to adopt a heat illness regulation. On Nov. 15, 2024, the State of Nevada adopted regulations meant to protect employees from heat-related illness by placing new requirements on employers.

The new regulations, which took effect immediately upon approval, require businesses with more than 10 employees to implement certain protective measures for indoor and outdoor heat. The regulations do not apply to employees working in climate-controlled environments. However, if the climate control system fails, the employer shall make a good faith effort to re-establish an effective climate control system as soon as practicable; it must also implement measures to address the potential hazards that could cause heat illness.

Here are the basics of what employers need to know now.

Job Hazard Analysis

Covered businesses are required to conduct a job hazard analysis for job classifications where the majority of employees are occupationally exposed to risk factors for heat illness for more than 30 minutes of any 60 minutes, not including breaks.

Written Safety Program

For jobs where heat-illness conditions exist, employers must create a written plan that includes:

• Provisions for potable water.
• Provisions for a rest break when an employee exhibits symptoms of heat illness.
• Provisions for employees to cool down.
• Monitoring by a designated person of working conditions that could create heat illness.
• Identification and mitigation of work processes that generate additional heat or humidity.
• Training for employees regarding safety protocols.
• A procedure for responding to an emergency.

Training

Covered employers are required to provide training to the employees identified in the job hazard analysis. The training needs to cover how to recognize the hazards of heat illness and the procedures to be followed to minimize such hazards.

Designation of an Employee for Emergency Response

If, based on the job hazard analysis, the employer determines that an employee may be occupationally exposed to risk factors for heat illness, the employer must designate an employee to contact emergency services in the event an employee experiences the signs of heat illness.

The DIR has indicated it will be posting additional guidance for employers on its website in the coming weeks.

Sierra Vierra is an attorney with Jackson Lewis in Salt Lake City. Adrienne M. Wood is an attorney with Jackson Lewis in New Orleans. © 2024 Jackson Lewis. All rights reserved. Reposted with permission.