NV OSHA Proposes New Regulation On Wildfire Smoke

Pursuant to Senate Bill 260 from the 2025 Nevada Legislature, the Nevada Occupational Safety and Health Administration (NV OSHA) is proposing a new regulation requiring employers to take affirmative steps to protect employees from the hazard of wildfire smoke. 

The new requirements apply to all employers with more than 10 employees. There is an exception for employers who operate a mine, employ commercial truck drivers, or provide emergency services. 

The proposed regulation provides that employers who are required to have written safety plans must assess, in writing, working conditions that may cause occupational exposure to poor outdoor air quality attributable to wildfire smoke. If the employer determines that employees are exposed to poor outdoor air quality attributable to wildfire smoke, it must include specific provisions in its safety plan to address working conditions. These provisions must provide for monitoring air quality, reducing or eliminating exposure when air quality is poor, communicating air quality status, and training employees and supervisors about the hazard of wildfire smoke.  

As usual with a regulation, the devil is in the detail. We encourage you to review the proposed regulation to determine how those details will impact your workplace. Employers have the opportunity to provide comments and feedback to NV OSHA which may alter certain aspects of the proposal. NV OSHA will hold a public hearing on the proposed regulation on July 22, 2026. 

If you have questions about the proposed regulation or would like assistance providing comments to NV OSHA, please contact a KZA attorney. As always, we will update you on developments here.

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.