NV OSHA Updates Its COVID-19 Guidance

Volume: 21 | Issue: 12
February 15, 2022

Given the removal of Nevada’s mask mandate last week, the Nevada Occupational Safety and Health Administration (NV OSHA) issued an updated COVID-19 guidance for employers on February 14, 2022. This update replaces the January 14, 2022 COVID-19 guidance and the January 25, 2022 guidance regarding KN95 and N95 masks.

All Nevada employers should carefully review this new guidance as changes have been made. In short, NV OSHA continues to require COVID-19 prevention plans, sanitation, and monitoring of employee health status, but changes have been made to the sanitation and monitoring requirements. The guidance no longer addresses congregation of employees, and the social distancing and staggered break requirements have been removed. NV OSHA has also changed the section on Job Hazard Analysis (JHA) and now states that “[a]ll employers are required to conduct JHAs” and that “[a]ll employers are required to evaluate respiratory hazard(s) in the workplace.”

The guidance further addresses the use of KN95 and N95 masks, explaining what is required for employers that determine these masks are necessary to protect employees (a written Respiratory Protection Program) and what is required for employers whose employees voluntarily wear such masks (provide those employees with Appendix D notice).

Finally, the new guidance addresses healthcare employers. NV OSHA explains what portions of the expired Healthcare Emergency Temporary Standard (ETS) remain in effect. It also explains that masks are still required for healthcare employers by Nevada’s Department of Health and Human Services (DHHS) as set forth in its February 10 technical bulletin.

Please contact a KZA attorney with your questions about these changing requirements. 

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.

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