Carson City, NV — Proposed regulations intended to protect outdoor workers in Nevada from wildfire smoke would “not restrict the formation, operation or expansion of small businesses,” the state’s Division of Industrial Relations has concluded.
Under legislation (S.B. 260) signed by Gov. Joe. Lombardo (R) on June 10, DIR has until Jan. 1 to establish regulations requiring employers with at least 10 employees to implement certain measures when the Air Quality Index is between 150 and 199 – and take further steps when the AQI reaches 200 or higher. DIR also must set an AQI level at which employers are prohibited from allowing workers to perform “critical tasks” outdoors.
In January, DIR sent questionnaires to small businesses and business stakeholders to find out whether “they believed there would be any economic effects, adverse or beneficial, direct or indirect, on their respective businesses from the proposed regulations.” The division also conducted a public meeting in March to gather feedback.
According to a DIR meeting report, the division concluded that although the regulations may result in “some direct and/or indirect adverse effects,” such as “costs associated with the regulations” for small businesses, they also would have direct beneficial effects, including reduced employee injuries and lost time from exposure to wildfire smoke, lower health care costs and workers’ compensation rates, and improved employee situational awareness of job conditions.
The report adds that some small businesses already are implementing “similar safety requirements imposed by California law.”
Other requirements included in Nevada’s new law:
- A written safety program that includes a one-time Job Hazard Analysis to assess working conditions that may cause exposure to poor outdoor air quality.
- Necessary training or experience for the person supervising, directing or using air quality sensors.
- Analyze potential engineering and administrative controls, along with personal protective equipment needs that include, at a minimum, providing N95 masks for employees’ voluntary use.
The regulations will go into effect when they’re filed with the Nevada secretary of state, the report says.
