By Hao Nguyen, Esq.
Senior Product and Regulatory Counsel
On November 20, the heat illness regulation adopted by the Division of Industrial Relations of Nevada was filed with the Nevada Secretary of State. This means that the heat illness regulation is now effective.
As the seventh state that adopted formal heat illness procedures, the Nevada regulation imposes requirements on covered businesses and extends rights to workers and employees who spend time in the sweltering heat. Let’s go over the regulation in detail and understand what you can do today in order to fulfill your obligations to your employees.
Applicability
The regulation affects any business with more than 10 employees. However, certain requirements for employees are exempted if the employees work in climate-controlled environments.
Written Safety Program (WSP)
This Written Safety Program (WSP) requirement is not new. What has been updated is the required content in the WSP. In lieu of putting this in the WSP, businesses can also create a separate heat illness injury and prevention plan. Specifically, the WSP must now include the following:
- Discussion of potential hazardous working conditions that may cause occupational exposure to heat illness;
- Provision of fresh, cool, potable water;
- Provision of rest breaks for employees who exhibit signs or symptoms of heat illness;
- Provision of means to cool down employees;
- To the extent practicable, discussion about monitoring working conditions that may create occupational exposure to heat illness;
- Process to identify and mitigate any work process that may generate additional heat or humidity;
- A heat illness emergency action plan to instruct employees on what to do if others are showing signs of possible heat illness;
- Requirement of supervisor and non-supervisor training; and
- Procedures for responding to emergencies.
Written Job Hazard Analysis
Each business will need to prepare a one-time, written job hazard analysis to assess the working conditions that may cause occupational exposure to heat illness. This analysis must include the following:
- A list of all job classifications 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; and
- A list of all tasks and procedures performed by employees in which a) occupational heat illness may occur and b) performed by the job classifications in the first list identified above.
Designated Person
It is generally understood that in times of emergency, many people may not have the wherewithal to act if a request is open-ended (such as “Someone call a doctor!”) Rather, it is more effective if certain individuals are given the tasks to complete (“David, I need you to call a doctor and come back here when it is done.”). If the job hazard analysis determines that an employee would be exposed to working conditions that could give rise to occupational exposure to heat illness, the employer must designate a person to perform the following functions:
- Must perform specific actions if another affected employee is experiencing signs or symptoms of heat illness that requires emergency response, specifically:
-
- Contact emergency medical services (EMS) or ensure that EMS has been contacted;
- Provide all necessary information to EMS to provide services to the affected employee as soon as possible, which includes, but not limited to contact information and directions; and
- Where necessary or appropriate, ensure that the affected employee is transported to a location that is easily accessible by EMS.
- Regularly monitor working conditions that could create occupational exposure to heat illness
- Carry out the provisions of the WSP that address exposure to heat illness
This includes ensuring employee training for everyone and that water is regularly replenished (if not plumbed).
Employee Training
Both supervisors and non-supervisors must take training to provide them information on how to recognize the hazards of heat illness and instruction on what to do if they recognize symptoms of heat illness in their colleagues and how to minimize the hazards of heat illness.
Questions?
All of our existing Nevada clients will have access to resources to help you fulfill this new requirement very soon! For any other questions or inquiries, please contact us at info@complyauto.com.