NEVADA FINALIZES HEAT ILLNESS STANDARDS

Living in Nevada, where in some areas we have the hottest temperatures in the country, you may find it surprising to know that we have never had any type of heat illness regulations – until now.

At the federal level, the Occupational Safety and Health Administration (OSHA) has proposed a heat index of 80°F as the trigger for employer obligations. This is quite a bit different from some of the temperatures we see during the summer in Nevada. July in Las Vegas gives us an average daily high temperature of 104°F, and in Reno the average high in July is 90°F.  Elko also goes into the 90s. The average temperature for the State of Nevada as a whole is 84°F. We are well above the proposed federal minimum threshold where heat illness requirements come into play.

Heat-related illnesses are medical conditions resulting from the inability of the body to cope with the heat, including heat cramps, heat rash, heat exhaustion, fainting, and heat stroke. Heat-related illnesses can turn from slight discomfort to serious risks very fast, so it is important to know the signs of heat illness and have effective measures in place to mitigate the risks.

Because there hasn’t been any local guidance about heat illness prevention and treatment in Nevada, most employers have done their best to ensure the safety of their workers who are exposed to heat conditions, both indoors and outdoors. Many employers have voluntarily provided water, shade, cooling apparatus, and additional breaks.

Understanding Nevada’s New Heat Illness Standards

On November 15, 2024, the Nevada Division of Industrial Relations announced implementation of regulations outlining the duties of employers when it comes to heat illness.  The regulations focus on taking action to protect workers when they work in hot conditions and establish clear duties for employers to keep their employees safe in the heat.

While the regulations become effective immediately, enforcement of the new heat illness standard will not begin until 90 days after guidance has been published. According to the Division of Industrial Relations, additional guidance on this new heat illness standard is anticipated in the next several weeks.

The regulations for heat illness apply to Nevada employers with 10 or more employees and should be incorporated into existing safety programs.

Job Hazard Analysis

Covered employers are required to perform and prepare a one-time written job hazard analysis of working conditions that could cause heat illness. That includes any working condition that creates the reasonable likelihood that heat illness could occur, including but not limited to, air temperature, relative humidity, radiant heat from the sun or other sources, conductive heat from the ground or other sources, movement of air, severity and duration of workloads, and protective clothing and personal protective equipment worn by employees.

The written job hazard analysis must include:

• A list of all job classifications in which the majority of employees in those classifications have exposure to heat illness for more than 30 minutes of any 60-minute period, excluding breaks, and;
• A list of all tasks and procedures performed by those employees in which exposure to heat illness may occur.

Written Safety Program

If the job hazard analysis reveals that the potential for heat illness exists, a written plan must be created that includes the following:

• Providing employees with potable water
• Rest breaks anytime an employee shows symptoms of heat illness
• A means of cooling (shade, cooling tent, air-conditioned space)
• Appointing a person within the organization to monitor working conditions that may create exposure to heat illness
• Identifying and adjusting any work processes that may generate more heat and humidity
• Training of employees, including how to recognize heat illness, and the procedures to minimize any potential hazards of heat illness
• Clear procedures on what to do in an emergency, including appointing someone to be the point person to contact emergency responders in the event of someone experiencing heat illness

Exemptions to New Heat-Illness Standards

There are some exemptions to the heat illness standards for both indoor and climate-controlled environments. The regulations do not apply to employees working indoors where the temperature is successfully maintained at a level where heat illness would not occur.  The same holds true for people who work primarily in vehicles with air conditioning. 

Even where employees work indoors or in climate-controlled environments, if the cooling systems fail or are inadequate, the employer must make a good faith effort to fix the cooling systems as soon as possible and implement any heat illness procedures and preventive measures until those systems are functional again.

What if Our Workforce is Covered by a Collective Bargaining Agreement?

Employers with workforces subject to collective bargaining agreements (CBA) may provide solutions for heat illness that exceed the requirements of the regulation but cannot waive the requirements under this regulation. Further, the regulation does not relieve an employer of any contractual obligations due to an existing CBA.

Key Takeaways & Next Steps

As a state accustomed to extreme temperatures, it’s crucial to have specific guidelines to protect employees from the dangers of heat-related illnesses. While these regulations provide a solid framework, it’s crucial for employers to stay informed and adapt to evolving conditions. By prioritizing employee well-being and implementing effective heat stress prevention strategies, businesses can ensure a safer and healthier work environment for all.

NAE will continue to monitor the developments related to these new standards and will provide further guidance and resources as they become available. While we are in the midst of winter and the extreme heat of the summer months seem far away, employers covered by these new standards should begin their job hazard analysis and, if necessary, putting together their heat illness prevention program now.

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