NV OSHA Adopts National Emphasis Program On Heat Illness

The Nevada Occupational Safety and Health Administration (NV OSHA) has announced that it is adopting the federal OSHA’s National Emphasis Program (NEP) on heat illness and injuries. It becomes effective in Nevada on June 15, 2022, and may result in workplace inspections for Nevada employers.

NV OSHA has determined that any day where the temperature reaches or exceeds 90 degrees Fahrenheit will be considered a “heat priority day” in Nevada. On heat priority days, NV OSHA will do the following:

• Initiate compliance assistance in the targeted high-risk industries set forth in Appendix A to NV OSHA’s guidance;
• Inspect any alleged heat-related fatality/catastrophe, complaint or referral regardless of whether the worksite falls within a targeted industry of the NEP; and
• Engage in proactive outreach and technical/compliance assistance to help keep workers safe on the job.

Additionally, on any day when the National Weather Service has announced a heat warning or advisory for the local area, NV OSHA will conduct pre-planned inspections in targeted high-risk industries.

The heat illness regulation developed by NV OSHA is scheduled to be considered by the Legislative Commission in June 2022. Even without this regulation, however, all Nevada employers already have a general duty to protect employees from heat injury and illness. NV OSHA recommends that all employers evaluate the “controls in place to materially reduce or eliminate workers’ exposure to hazardous heat conditions and conduct training on heat illness and injury.” Its guidance provides information regarding clothing and equipment controls, engineering practice controls, and administrative and work practice controls that employers can implement to protect their employees.

In preparation for summer, we recommend that you review and implement NV OSHA’s current guidance and the upcoming regulation as appropriate for your workers. KZA attorneys are available to answer your questions and help you prepare for these initiatives.

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.