Even as temperatures cool, Nevada's Division of Industrial Relations (DIR) was working to adopt a heat illness regulation. On November 15, 2024, the State of Nevada adopted new regulations meant to protect employees from heat-related illness by placing new requirements on employers.

The new regulation, which took effect immediately upon approval, requires businesses with more than 10 employees to implement certain protective measures for indoor and outdoor heat. The regulation does not apply to employees working in climate-controlled environments. However, if the climate control system fails the employer, shall make a good faith effort to reestablish an effective climate control system as soon as practicable and must implement measures to address the potential hazards that could cause heat illness.

Here are the basics of what employers need to know now.

Job Hazard Analysis

Covered businesses are required to conduct a job hazard analysis for job classifications where the majority of employees have exposure to heat illness for more than 30 minutes of any 60 minutes, not including breaks.

Written Safety Program

For jobs where heat illness conditions exist, employers must create a written plan that includes:

• Provisions of potable water
• Provisions for a rest break when an employee exhibits symptoms of heat illness
• Provisions for employees to cool down
• Monitoring by a designated person of working conditions that could create heat illness
• Identification and mitigation of work processes that generate additional heat or humidity
• Training of employees in safety protocols
• Procedure for responding to an emergency

Training

Covered employers are required to provide training to employees identified in the job hazard analysis on how to recognize hazards of heat illness and procedures to be followed to minimize the hazards of heat illness.

Designation of an Employee for Emergency Response Purposes

If, based on the job hazard analysis, the employer determines an employee may be exposed to heat illness, the employer must designate an employee to contact emergency services in the event an employee is experiencing the signs of heat illness.

The DIR has indicated it will be posting additional guidance for employers on its website in the coming weeks. If you have questions about compliance with Nevada's new regulations or related issues, contact a Jackson Lewis attorney to discuss.

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