NV OSHA – Heat Injury & Illness Update
As you may remember, in November 2024, Nevada’s Occupational Safety and Health Administration (NV OSHA) implemented a regulation addressing an employer’s obligation to mitigate indoor and outdoor heat-related hazards. This regulation applies to all private and public employers with more than 10 employees. NV OSHA later issued guidance for employers, explaining that enforcement of the regulation would begin on April 29, 2025.
The federal OSHA does not yet have a heat regulation and has been using instead a National Emphasis Program to enforce employers’ general duty to provide a workplace free from recognized hazards. On April 10, 2026, the federal OSHA updated its National Emphasis Program (NEP) for outdoor and indoor heat-related hazards. On May 21, 2026, Nevada OSHA adopted the federal NEP in a modified form to reflect its current enforcement practices. NV’s modifications include the following points:
- NV OSHA already has a Programmed Inspection Plan that targets high-risk industries for inspection on “heat priority days”; thus, it provides (at Appendix A) a list that combines those industries targeted by federal OSHA and NV OSHA;
- NV OSHA recommends employers use its Audit Checklist instead of the checklist provided by the federal OSHA to assess the effectiveness of heat illness prevention programs; and
- The citation guidance in the federal NEP does not apply in Nevada.
We encourage you to review these updated materials to ensure your workplace is compliant with NV OSHA’s regulation. If you have questions or need assistance, 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.
