Despite some progress, Nevada workers still aren’t protected from extreme heat

(Ronda Churchill/Nevada Current)

Policy, politics and progressive commentary

There are no regulations protecting workers from the leading cause of injury in Nevada: heat.

Despite record-breaking heat across the state this week, Nevada still does not have enforceable heat regulations to protect workers from exposure to dangerous temperatures. Heat-related hazards are a growing issue for workers in Nevada , especially as heat waves become more intense and frequent every year due to climate change.

Heat accounted for nearly 50% of all injury claims filed with the Nevada Occupational Safety & Health Administration from 2020 to 2024. Employee injury claims related to extreme heat also accounted for the largest share of compensation claims awarded by Nevada OSHA at 30%.

Growing heat waves will likely increase the number of days workers are exposed to dangerous temperatures in Nevada, said Vince Saavedra, the executive secretary-treasurer of the Southern Nevada Building Trades Unions, a trade association representing construction workers across 19 unions.

“In the construction industry, there’s been an increase every summer in the number of heat-illness related injuries,” Saavedra said. “I know a lot of non-union workers who are afraid and work until they pass out, because they don’t want to stop working in fear of losing their job. They have no union representation, they have no worker representation. It’s really sad and unfortunate.”

Last year, Nevada OSHA received 392 heat related complaints — more than any other year since Nevada OSHA began tracking a decade ago, according to the Nevada Occupational Safety & Health Administration. This year, the number may be even higher. State labor regulators already received 127 heat-related labor complaints last month in June, more than any other June on record.

June 2024 was the hottest June on record in Las Vegas since weather records started in the 1930s. The month ended with an average temperature of 94.6 degrees — a new monthly record, and 7 degrees above normal, according to the National Weather Service in Las Vegas.

Intense heat is likely to continue in July. On July 7, Las Vegas hit 120 degrees Fahrenheit, the hottest day on record for the city, according to the National Weather Service in Las Vegas.

It’s not just outdoor workers who are affected by severe heat-related illnesses. Data from Nevada OSHA show that about 70 industries in the state are considered high-risk for heat-related hazards. In fact, the industries with the highest number of heat-related Nevada OSHA complaints so far this year were accommodation and food services, retail trade, and manufacturing, according to data from the Nevada Division of Industrial Relations.

In Las Vegas and Reno, two of the fastest-warming metros in the nation, a malfunctioning air conditioner or lack of cross ventilation can quickly become a dangerous health hazard.

State labor regulators do have the option to go after employers under a “general duty clause” rule that requires workplaces to be “free from recognized hazards,” but labor groups say the clause is not enough to protect workers from employers who expose them to dangerous temperatures that could cause injury or a fatality.

“It’s very clear that OSHA’s general duty clause is not sufficient as the largest share of claims are caused by heat related cases. Employers should have to adhere to specific provisions,” said Susie Martinez, the executive secretary-treasurer of the Nevada State AFL-CIO.

Nevada has made some progress in the push for worker protections from extreme heat, but that progress has been slow-moving. After years of working on a proposal, the Nevada Division of Industrial Relations finally submitted a draft of their proposed heat regulations for legislative approval in June.

If passed as written, the proposal would require employers to call emergency medical services for employees experiencing heat illness, make a good faith effort to repair defective air conditioning units, and provide training to employees related to heat illness. However, that proposal will likely not be approved by lawmakers until at least 2025.

Nevada lawmakers have also had little success implementing regulations to protect workers from extreme heat. Last year, state lawmakers failed to advance a bill that would have required employers to provide workers with water, breaks, and shade during excessive heat days, leaving no rule in place to address the 127 heat-related complaints reported to Nevada OSHA so far this summer.

“Unfortunately, a lot of the opposition was business owners and non union companies not wanting that, because all they care about is production, not so much the workers,” Saavedra said.

Instead, the Nevada Occupational Safety & Health Administration (OSHA) adopted a federal program designed to advise Nevada businesses on how to avoid exposing workers to potential heat illness and injuries. But those standards are only suggestions and do not give regulators the authority to mandate employers protect their workers from extreme heat.

For now, outdoor and indoor workers in nearly every industry are suffering the consequences of the growing extreme heat in Nevada, with little legal or regulatory recourse.

“As of now, Nevada only has guidelines which are unfortunately not taken seriously by employers, as they are not regulated in any way,” Martinez said.

A new federal rule proposed last week to address heat-related hazards for indoor and outdoor workers will be a critical step forward in preventing workplace heat-related illness, said Martinez. Once finalized, the rule would include mandatory water breaks, shaded rest areas, and heat illness prevention plans to safeguard workers’ health. While the federal rule is more comprehensive than the Nevada OSHA plan submitted in June, it will likely take years to finalize.

Officials with the Nevada Department of Business and Industry said once the federal rule is finalized, Nevada’s OSHA plan would be required to be “at least as effective” as the federal plan.

“The Division of Industrial Relations’ primary concern at this time is ensuring that Nevada has a regulation addressing the unique needs and concerns of the State of Nevada,” said Teri Williams, the spokesperson for the Department of Business and Industry.

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