New Heat Regulation In Effect For NV Employers

You may remember that the Nevada Occupational Safety & Health Administration (NV OSHA) was working on a new regulation in 2021 and 2022 to address heat exposure in the workplace. That regulation has been approved and became effective on November 15, 2024.  

The new regulation is substantially different than earlier drafts. No specific temperature is designated as hazardous, and no specific mitigation measures are required. Instead, the regulation requires all employers with over 10 employees to perform a written job hazard analysis to assess working conditions that may cause “occupational exposure to heat illness.” This job hazard analysis then governs what an employer must do to protect employees from heat illness. An employer can exclude from the analysis employees who work indoors, or in a motor vehicle, if those workers are in a properly functioning climate-controlled environment. 

The job hazard analysis must identify all job classifications in which workers have “occupational exposure to heat illness” for more than 30 minutes of any 60-minute period. “Occupational exposure to heat illness” is any working condition that creates the likelihood that heat illness could occur. Rather than provide employers with a specific temperature, the regulation requires employers to determine when there is a likelihood for heat illness by analyzing air temperature, relative humidity, radiant heat, conductive heat, air movement, severity and duration of workloads, and protective clothing and equipment worn by the workers. 

If the job hazard analysis determines that workers are exposed to hazardous working conditions that may cause exposure to heat illness, the employer must address heat exposure and mitigation measures in its written safety plan and designate a person authorized to carry out those measures. It must also establish a training program for these workers.  

The safety program must include measures which reasonably mitigate the risk of exposure to heat illness for the affected workers and provide for:

• potable water;
• a rest break for an employee exhibiting signs of heat illness;
• a means of cooling for employees; 
• monitoring of working conditions;  
• identification and mitigation of any work process that may generate additional heat or humidity; 
• training of employees; and 
• procedures for responding to an emergency. 

While this sounds complicated, it is possible that further guidance on the regulation will be issued when the weather warms up. In the meantime, SCATS may be able to assist employers in conducting a job hazard analysis. It may also be helpful to review the prior drafts of the regulation for insight into the temperatures and mitigation measures which NV OSHA believed employers should focus upon. And, as always, if you have questions, please contact a KZA attorney. 

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.