After numerous attempts and significant business resistance to past proposals, numerous workers in Nevada are set to benefit from enhanced protections against illnesses related to heat exposure.
The state’s Division of Industrial Relations, which oversees workplace safety and protections for employees, has implemented a new regulation mandating that all businesses employing over ten people must conduct a one-time job hazard analysis. This assessment will evaluate workplace conditions that could contribute to heat-related illnesses, which can range from simple cramps to life-threatening heatstroke.
The regulation particularly affects industries where staff is exposed to heat for more than 30 minutes each hour, excluding break times. This latest enactment marks a compromise from earlier proposals that sought specific temperature thresholds for interventions and comes in response to ongoing concerns regarding workplace heat exposure.
Recently, the Office of State Epidemiology published a groundbreaking report highlighting the rising trend of Nevadans seeking medical treatment for heat-related conditions over the past few years, with emergency room visits increasing by 28% during the summer of 2024 compared to the previous year.
Furthermore, there has been a notable surge in heat-related complaints lodged with the Nevada Occupational Safety and Health Administration (OSHA), which operates under the Division of Industrial Relations. From 2016 to 2021, the average number of annual heat-related complaints stood at 133; however, this number surged to 344 complaints in 2021 and reached 467 by September of this year.
With this new regulation, Nevada joins a select group of states that have implemented measures to protect workers from heat. Currently, there are no federal mandates addressing this concern.
Victoria Carreon, the Division Administrator, expressed the significance of the regulation, stating it plays a crucial role in mitigating the health risks associated with heat exposure for workers in various environments, both indoors and outdoors.
As summers become increasingly severe, especially with Reno and Las Vegas ranking as some of the fastest-warming cities in the United States, the need for protective measures has become more pressing. Las Vegas documented a staggering 74 days of temperatures exceeding 100 degrees, while Reno reached 105 degrees for four consecutive days this past summer. Alongside rising temperatures, Southern Nevada observed 402 heat-related fatalities by October 16 of this year.
Despite the escalating heat-related risks, the development of worker protections has lagged behind. In 2020, state regulators began working on heat protection rules, but the initial proposals faced pushback due to concerns they were overly demanding for businesses. Efforts to amend and revive these regulations in subsequent years also faced hurdles, with a proposed bill in 2023 ultimately being shelved by a Democratic-majority Assembly.
Eventually, the Division of Industrial Relations requested to revisit the previously tabled regulation, collaborating with various stakeholders, including medical professionals and unions, to revise the proposal. The revised regulation shifted focus from temperature thresholds to a requirement for businesses to conduct job hazard analyses, which played a pivotal role in garnering the necessary support.
Despite this progress, Jackie Spicer from the Nevada Environmental Justice Coalition voiced that while the new regulation is a positive advancement, more comprehensive measures are still required to safeguard workers fully. She noted that the regulation permits employers to determine heat hazards at their discretion and inadequately covers a significant number of indoor workers.
As for compliance, businesses will have a reasonable timeframe to complete their workplace condition analyses before the following summer. Should the analysis identify risk factors for heat illness, companies must develop a written plan that includes several components:
1. Ensuring employee access to water, cooling opportunities, and break accommodations for those showing heat illness symptoms.
2. Training for employees on recognizing heat illness signs and understanding heat hazards.
3. Identifying specific work processes that may generate excessive heat or humidity.
4. Creating emergency response procedures.
5. Appointing an individual responsible for monitoring conditions that may heighten heat exposure risk.
In addition, businesses must educate employees on recognizing heat illness risks and assign someone to contact emergency services for workers exhibiting heat illness symptoms. However, employees working in climate-controlled, indoor environments, including air-conditioned vehicles, are exempt from this regulation.
“We are fully prepared to assist businesses with any questions,” Carreon assured. “Our goal is to ensure successful implementation for employers.”