APPROVED REGULATION OF THE
DIVISION OF INDUSTRIAL RELATIONS OF THE
DEPARTMENT OF BUSINESS AND INDUSTRY
LCB File No. R131-24
Filed November 15, 2024
EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted.
AUTHORITY: §§ 1-12, NRS 618.295, 618.315 and 618.383.
A REGULATION relating to occupational safety and health; imposing certain duties on
employers of employees who are exposed to certain hazardous conditions that may
cause heat illness; requiring an employer to provide certain employees with training
relating to the hazards of heat illness; exempting the applicability of certain
requirements for employees who work in certain climate-controlled environments;
imposing certain duties on an employer of an employee who shows signs of possible
heat illness; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Industrial Relations of the Department of Business
and Industry to adopt such regulations as are necessary to provide safe and healthful employment
in those employments within its jurisdiction. (NRS 618.295) Under existing law, employers with
more than 10 employees and employers, other than employers in the mining industry, who have
employees engaged in the manufacture of explosives are required to establish a written safety
program. (NRS 618.383) Section 5 of this regulation: (1) requires an employer who is required
to establish a written safety program to perform and prepare a one-time, written analysis of the
hazards associated with a job to assess the working conditions that may cause occupational
exposure to heat illness; and (2) sets forth certain items which must be included in such an
analysis.
Section 6 of this regulation provides that, if, based on the analysis performed pursuant to
section 5, the employer determines that an employee is exposed to hazardous working conditions
that may cause occupational exposure to heat illness, the employer is required to: (1) designate a
person who is authorized and able to perform certain functions, including the coordination of
emergency medical services for an employee; and (2) address, in the employer’s written safety
program, potential hazardous working conditions that may cause heat illness for employees.
Section 6 also specifies certain items which must be included in a written safety program that
addresses potential hazardous working conditions that may cause occupational exposure to heat
illness.
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Section 7 of this regulation: (1) requires an employer to provide a training program for
employees who are employed in job classifications having certain occupational exposures
relating to heat illness; and (2) establishes certain requirements of such a training program.
Section 8 of this regulation requires measures implemented by an employer to prevent or
mitigate the risk of occupational exposure to heat illness to reasonably mitigate that risk for
affected employees.
Section 9 of this regulation provides that certain provisions of this regulation do not
apply to employees who work indoors in a climate-controlled environment, including a motor
vehicle with a properly functioning climate control system. Section 9 also imposes certain duties
on an employer if a climate control system becomes nonfunctional or does not effectively
address the hazard of heat illness.
Section 10 of this regulation sets forth certain actions which an employer is required to
take when an employee shows signs of possible heat illness.
Section 11 of this regulation: (1) provides that an employer is not precluded from
providing protections that exceed the requirements of this regulation; (2) prohibits a collective
bargaining agreement from waiving or reducing the requirements of this regulation; (3) provides
that the provisions of this regulation do not relieve an employer from its contractual obligations
under a collective bargaining agreement; and (4) requires a copy of a collective bargaining
agreement to be made available upon request by the Division.
Section 12 of this regulation provides that the provisions of this regulation do not affect
the applicability of existing law governing industrial insurance and compensation for workplace
injuries and occupational diseases.
Section 3 of this regulation defines the medical conditions that constitute “heat illness”
for the purposes of this regulation, and section 4 of this regulation defines certain working
conditions that create a risk of “occupational exposure to heat illness” for the purposes of this
regulation.
Section 1. Chapter 618 of NAC is hereby amended by adding thereto the provisions set
forth as sections 2 to 12, inclusive, of this regulation.
Sec. 2. As used in sections 2 to 12, inclusive, of this regulation, unless the context
otherwise requires, the words and terms defined in sections 3 and 4 of this regulation have the
meanings ascribed to them in those sections.
Sec. 3. “Heat illness” means a medical condition resulting from the inability of the body
to cope with a particular heat load and includes, without limitation, heat cramps, heat rash,
heat exhaustion, fainting and heat stroke.
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Sec. 4. “Occupational exposure to heat illness” means any working condition that
creates the reasonable likelihood that heat illness could occur, including, without limitation:
1. Air temperature;
2. Relative humidity;
3. Radiant heat from the sun or other sources;
4. Conductive heat from the ground or other sources;
5. The movement of air;
6. The severity and duration of workloads; and
7. Protective clothing and personal protective equipment worn by an employee.
Sec. 5. 1. Except as otherwise provided in section 9 of this regulation, an employer who
is required to establish a written safety program pursuant to NRS 618.383 shall perform and
prepare a one-time, written job hazard analysis to assess working conditions that may cause
occupational exposure to heat illness. Such a job hazard analysis must be performed:
(a) Before a task for a job is undertaken for the first time by an employee of the
employer; and
(b) Whenever a task for a job performed by an employee of the employer materially
changes.
2. A written job hazard analysis performed pursuant to subsection 1 must include, without
limitation:
(a) A list of all job classifications of the employer in which the majority of employees in
those classifications have occupational exposure to heat illness for more than 30 minutes of
any 60-minute period, not including breaks; and
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(b) A list of all tasks and procedures, or groups of closely related tasks and procedures,
performed by employees of the employer:
(1) In which occupational exposure to heat illness may occur; and
(2) Which are performed by employees in job classifications that are included in the list
required by paragraph (a).
3. In conducting a job hazard analysis pursuant to this section, the employer shall assess
the working conditions of a job without consideration of whether or not an employee in the job
being analyzed would have access to water, rest or shade.
Sec. 6. 1. If, based on the job hazard analysis performed pursuant to section 5 of this
regulation, an employer determines that an employee of the employer is exposed to hazardous
working conditions that may cause occupational exposure to heat illness, the employer shall:
(a) Designate a person to perform the functions set forth in subsection 2; and
(b) Include in the written safety program required by NRS 618.383 provisions that address
potential hazardous working conditions that may cause occupational exposure to heat illness.
2. The person designated by an employer pursuant to paragraph (a) of subsection 1 must
be authorized and able to perform the following functions or designate another employee of
the employer to perform the following functions:
(a) If an employee of the employer is experiencing signs or symptoms of heat illness that
require an emergency response:
(1) Contact emergency medical services or ensure that emergency medical services are
contacted;
(2) Provide, as promptly as possible, all information necessary to enable a provider of
emergency medical services to reach the employee, including, without limitation, contact
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information and directions, or ensure that such information is provided as promptly as
possible; and
(3) Ensure that, if necessary and appropriate, the employee is transported to a location
where a provider of emergency medical services is able to reach the employee;
(b) Monitor the working conditions that could create occupational exposure to heat illness;
and
(c) Carry out the provisions of the written safety program that address occupational
exposure to heat illness.
3. A written safety program that addresses potential hazardous working conditions that
may cause occupational exposure to heat illness must include, without limitation:
(a) The provision of potable water, as described in 29 C.F.R. § 1926.51(a)(1). As used in
this paragraph, “potable water” has the meaning ascribed to it in 29 C.F.R. § 1910.141(a)(2).
(b) The provision of a rest break for an employee who exhibits signs or symptoms of heat
illness.
(c) The provision of means of cooling for employees.
(d) Except as otherwise provided in this paragraph and to the extent practicable,
monitoring by the person designated by the employer pursuant to paragraph (a) of subsection
1, or the designee of that person, of working conditions that may create occupational exposure
to heat illness. Such monitoring is not required when an employee of the employer is loading
or unloading a motor vehicle which operates on public highways of this State.
(e) Identification and mitigation of any work process that may generate additional heat or
humidity.
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(f) Training of employees of the employer as necessary to reasonably mitigate the risk of
occupational exposure to heat illness.
(g) Procedures for responding to an emergency.
Sec. 7. 1. Except as otherwise provided in section 9 of this regulation, an employer
shall provide a training program for each employee who is employed in a job classification
identified in paragraph (a) of subsection 2 of section 5 of this regulation.
2. A training program provided pursuant to subsection 1 must:
(a) Provide information to enable each employee receiving the training to recognize the
hazards of heat illness; and
(b) Train each employee receiving the training in the procedures to be followed to
minimize the hazards of heat illness.
Sec. 8. Any measure which an employer implements pursuant to section 5, 6 or 7 of this
regulation must, at a minimum, reasonably mitigate the risk of occupational exposure to heat
illness for the affected employees.
Sec. 9. 1. The provisions of sections 5 to 8, inclusive, of this regulation do not apply for
employees who work indoors in a climate-controlled environment, including, without
limitation, a motor vehicle with a properly functioning climate control system.
2. If a climate control system for an environment described in subsection 1 becomes
nonfunctional or does not effectively address the hazard of heat illness, the employer shall:
(a) Make a good faith effort to reestablish an effective climate control system as soon as
practicable; and
(b) Until the climate control system is rendered effective, implement measures that address
potential hazards that could cause heat illness for employees.
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Sec. 10. If an employee shows signs of possible heat illness, his or her employer shall:
1. Carry out the measures in the written safety program of the employer as required by
subsection 3 of section 6 of this regulation; and
2. Require the person designated by the employer pursuant to paragraph (a) of subsection
1 of section 6 of this regulation, or a designee of that person, to monitor the employee to
determine whether medical attention is necessary.
Sec. 11. 1. An employer, on its own or under a collective bargaining agreement with a
labor union, is not precluded from providing protections that exceed the requirements of
sections 2 to 12, inclusive, of this regulation.
2. A collective bargaining agreement must not waive or reduce the requirements of
sections 2 to 12, inclusive, of this regulation.
3. Nothing in the provisions of sections 2 to 12, inclusive, of this regulation relieves an
employer from its contractual obligations under a collective bargaining agreement.
4. A copy of a collective bargaining agreement must be made available upon request by
the Division.
Sec. 12. The provisions of sections 2 to 12, inclusive, of this regulation do not affect the
applicability of chapters 616A to 617, inclusive, of NRS.
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