LAS VEGAS (KTNV) — You would think as hot as it gets in Southern Nevada, basic heat-related protections like providing shade and training would be required of employers.
But currently, there are no heat-related safety protections for workers in the Silver State. The only regulation is a federal one, which states employers must provide potable water in the workplace.
"It's brutal," said Kyle Henderson, a business developer for local landscaping company Center Cut. "You know the extreme temperatures that we get."
Henderson knows firsthand how scorching hot conditions can get during our summers. He said basic protections for workers are a must and he was surprised Nevada currently doesn't have a mandate.
"You would think, at some point, there's going to have to be some sort of legislation," Henderson said.
In 2023, Nevada Occupational Safety and Health Administration saw 392 heat-related complaints. In 2022, that number was 254. That's a more than 50% increase.
To see the full Nevada OSHA dashboard, click HERE.
As the temperatures start to warm up again, Channel 13 asked Nevada OSHA what's being done to protect our valley workers.
Victoria Carreon is the administrator at Nevada Department of Industrial Relations, which oversees OSHA.
She said although the federal water regulation is the only mandate in place, OSHA also enforces a general duty cause. This means employers must provide a hazard-free workplace, including extreme heat.
"We are working on a more detailed standard," Carreon said.
Carreon told Channel 13 an employer-mandated regulation is currently in the works and talks with stakeholders have been ongoing for more than a year.
"We are working on a regulation that each employer would adapt to their own needs," Carreon said. "Are you going to supply breaks? Are you going to provide water in certain times or ways? How are you going to provide cooling?"
Next steps include a draft of the regulation, public meetings, and then it would go to Nevada's legislative commission for final approval.
"It could take several months," Carreon said. "It won't be ready by this summer. So right now, we're just trying to educate employers at this time."
Channel 13 also learned federal OSHA officials are developing a standard to prevent heat illness and injury in the workplace.
In a statement an OSHA spokesperson said:
"Nevada is one of 29 OSHA-approved State Plans covering both private sector and state and local government workers. State Plans are monitored by federal OSHA and must be at least as effective as OSHA in protecting workers and in preventing work-related injuries, illnesses, and deaths.
OSHA is developing a potential standard for workplaces to prevent heat illness and injury in outdoor and indoor work environments in general industry, construction, maritime and agriculture. We also took an important step in addressing the dangers of workplace heat and moved closer to publishing a proposed rule to reduce the significant health risks of heat exposure for U.S. workers in outdoor and indoor settings.
In late April, we presented the draft rule’s initial regulatory framework to the Advisory Committee on Construction Safety and Health [osha.gov]. The committee unanimously recommended OSHA move forward expeditiously on the Notice of Proposed Rulemaking. The initial regulatory framework materials from the ACCSH meeting are available in a docket on regulations.gov [regulations.gov]. Updates on the rulemaking process will be provided on OSHA’s heat rulemaking web page, available at www.osha.gov/heat-exposure/rulemaking [osha.gov].
We are continuing to conduct heat-related inspections under OSHA’s National Emphasis Program – Outdoor and Indoor Heat-Related Hazards [osha.gov], launched in 2022. We will focus our enforcement on workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illnesses, or death needlessly. Since the launch, OSHA has conducted nearly 5,000 federal heat-related inspections.
OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1) and other applicable regulations. By law, employers must protect workers from the dangers of heat exposure and should have a proper safety and health plan in place. At a minimum, employers should provide adequate cool water, rest breaks and shade or a cool rest area. Employees who are new or returning to a high heat workplace should be allowed time to gradually get used to working in hot temperatures. Workers and managers should also be trained so they can identify and help prevent heat illness themselves.
In addition, we are prioritizing programmed inspections in agricultural industries that employ temporary, nonimmigrant H-2A workers for seasonal labor. These workers face unique vulnerabilities, including potential language barriers, less control over their living and working conditions, and possible lack of acclimatization, and are at high risk of hazardous heat exposure."
According to the National Oceanic and Atmospheric Administration, Nevada is predicted to have an abnormally hot summer this year.
