| (THIS IS A NOTICE OF INTENT TO ACT ON A REGULATION)
You are hereby given notice that the Division of Industrial Relations of the Department of Business and Industry, State of Nevada (“Division”) will conduct a public hearing on proposed permanent regulations amending Chapter 618 of the Nevada Administrative Code (“NAC”).
The public hearing on these proposed regulations will be conducted in person, via Webex, and by phone on October 22, 2024 at 1:00 p.m. Webex allows for video and teleconferencing. Members of the public may attend and participate in this meeting in the following ways:
Webex Access
For direct WebEx link click the “READ MORE” button at the bottom of the page.
Meeting number (access code): 2630 528 8130
Meeting password: dwNgMu66S93
Tap to join from a mobile device (attendees only):
+1-415-655-0001, 26305288130 ## US toll
Physical Location
Division of Industrial Relations, Workers’ Compensation Section
2300 W. Sahara Avenue, Suite 750, Las Vegas, NV 89102
Pursuant to NRS 233B.0608 and 233B.0609, the Division is providing the following statements pertaining to the workshop on the proposed additions and amendments to Chapter 618 of the NAC.
The need and purpose of the proposed revisions to regulations: Recent data indicates a surge in complaints and workplace injuries due to heat illness. The Division of Industrial Relations, Occupational Safety and Health Administration (“OSHA”) has a statutory duty to prevent or abate hazards to the safety and health of employees and to adopt such regulations as are necessary to provide safe and healthful employment in those employments within its jurisdiction. Given its statutory duties, and to address the need for specific heat illness regulations based on recent data, OSHA seeks to adopt regulations to prevent or abate heat illness in the workplace. Said regulations are needed to protect the safety and health of Nevada workers and to clarify non-exempt employers’ duties when employees are exposed to hazardous working conditions that may cause occupational exposure to heat illness.
The estimated economic effect of the proposed regulations on (a) regulated businesses and (b) the public, including, stated separately: (i) adverse and beneficial effects; and (ii) immediate and long-term effects:
(a) Regulated businesses:
(i) Adverse and beneficial effects:
The Division determined that this regulation may have a small direct adverse effect on small businesses. The possible direct adverse effect on small businesses may include the time and cost for non-exempt employers to perform and prepare a one-time job hazard analysis to assess working conditions that may cause occupational exposure to heat illness. Additionally, non-exempt employers may expend time and incur costs for developing, implementing, and training for the management of heat illness in their written safety program as required by NRS 618.383.
The Division believes that there will be direct beneficial effects on small businesses as a result of these regulations due to reduced employee injuries and lost time from occupational exposure to heat illness, as well as improved employee situational awareness of their job conditions.
(ii) Immediate and long-term effects:
The Division does not anticipate any immediate effects, either adverse or beneficial, on regulated and small businesses as a result of these regulations mitigating heat stress in the workplace. The adverse effects, if any, are difficult to determine at this time but may include the cost of providing a means of cooling for employees, as well as the costs for developing, implementing, and training on heat illness.
The Division does not anticipate any substantial long-term adverse effects on regulated and small businesses as a result of these regulations, but there will likely be long-term beneficial effects due to reduced employee lost time from heat illness and improved employee situational awareness of their job conditions. There may be some long-term direct or indirect costs to regulated or small businesses associated with the ongoing costs related to implementing, training, and carrying 3 out the measures in the employer’s written safety program.
(b) The public:
(i) Adverse and beneficial effects:
The Division anticipates no adverse effects, either direct or indirect, on the public as the result of these regulations mitigating heat stress on employees at the workplace. There will be no direct or indirect cost to the public.
The Division believes that there will be no beneficial effects, either direct or indirect, on the public as the result of these regulations.
(ii) Immediate and long-term effects:
The Division does not anticipate any immediate effects, either adverse or beneficial, on the public as a result of these regulations mitigating heat stress on employees at the workplace. There will be no direct or indirect costs to the public.
The Division does not anticipate any long-term effects, either adverse or beneficial, on the public as a result of these regulations. There will be no direct or indirect costs to the public.
The estimated cost to the Division for enforcement of the proposed regulations: The Division does not anticipate incurring any additional cost for these proposed permanent regulations.
The Division believes that the proposed regulation does not overlap or duplicate any existing regulation. The proposed regulation is not required by federal law and there is no equivalent federal law.
The Division invites representatives of regulated businesses and the public to attend the public hearing and/or prepare written and/or oral comments concerning the proposed regulations. A copy of the proposed language for LCB File No. R131-24, may be downloaded from the Division’s website:http://dir.nv.gov/Meetings/Meetings/. Before the Public Workshop, persons may submit written comments to Christopher A. Eccles, Esq., Senior Division Counsel, Division of Industrial Relations, 3360 W. Sahara Avenue, Ste. 250, Las Vegas, Nevada 89102 or by email to ceccles@dir.nv.gov.
Persons with disabilities who require special accommodations or assistance at the public hearing must notify Heather Wilson, at the Division of Industrial Relations, 2300 W. Sahara Ave., Ste. 740, Las Vegas, Nevada 89102, or by calling (702) 486-9100 at least three (3) working days prior to the scheduled hearing date.
A copy of this notice and the proposed regulations are available at the Division’s web page (http://dir.nv.gov/Meetings/Meetings/). This notice and the text of the proposed regulations are also in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the internet at http://www.leg.state.nv.us. Copies of this notice and the proposed regulations will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary.
Notice required by NRS 233B.064: Upon adoption of any regulation, the agency (the Division), if requested to do so by an interested person, either before adoption or thirty days thereafter, shall issue a concise statement or the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
This notice has been posted on Nevada’s notice website: http://leg.state.nv.us/App/Notice/A/; State of Nevada notice website: https://notice.nv.gov; and the Division’s website: http://dir.nv.gov/Meetings/Meetings, as set forth in NRS 241.020(4)(b) and (4)(c). A copy of the Notice and the proposed permanent regulation to be adopted and/or amended is on file and has also been posted at the following locations: Division of Industrial Relations, 3360 West Sahara Avenue, Suite 250, Las Vegas, Nevada 89102; and 1886 College Parkway, Suite 110, Carson City, NV 89706 |