Still no rules to protect outdoor workers in Nevada amid dangerous heatwave

RENO, Nev. (News 4 and Fox 11) — Northern Nevada is set to experience days of heat, while a massive heat dome is expected to form across the western United States over the holiday weekend.

But despite many efforts to protect workers, there are still no state regulations governing those whose work must take place outdoors.

State protection measures that were due to come into effect this summer were recently referred to the legislative body for approval and will not take effect until 2024.

The Biden administration this week also proposed federal rules for outdoor workers — including emergency response plans, training, rest breaks, shade and water.

Several Western states, including California and Washington, have passed laws requiring employers to provide workers with adequate water, shade and breaks during extreme heat.

But Nevada — at least this summer — will continue to rely on a “general duty” clause that requires employers to provide a work environment free of known hazards, which can include heat.

Victoria Carreon, administrator of the Nevada Department of Business and Industry, told News 4-Fox 11 that most businesses take the requirement seriously, but there are dishonest businesses.

“There is currently no temperature threshold that requires employers to take specific actions,” she said. “So our office is working to develop regulations that would set more specific requirements for employers and employees.”

The Nevada Department of Industrial Relations submitted a preliminary draft of the proposed regulations to the Legislature last month.

This comes after Reno was named the fastest-warming city in the United States, and the number of heat-related OSHA complaints in Nevada hit a record high in 2023. Last year, 392 complaints were filed.

One of Northern Nevada’s largest contractors, Q&D Construction, told News 4-Fox 11 the company halts all work when temperatures reach 105 degrees. Before then, their safety plan includes a spring heat illness awareness campaign, safety meetings, water, shade and cooling stations, and adjusting shifts to avoid the afternoon heat.

“We’ve moved a lot of our shifts to the early morning hours, starting at 5:00, 6:00 a.m. or pouring and paving at night to minimize the risk of exposure,” said Safety Director James McCain.

At the end of the day, our employees are more important than getting the job done on time. Sure, we have deadlines, but at the end of the day, our employees are more important than getting those roads open.

McCain said NDOT and its contractors typically stop construction the day before and after the holiday so workers don’t have to hit the roads during rush hour.

Supporters of this principle argue that most employers act honestly, but official regulations are needed to ensure that those who engage in unfair practices comply with a number of safety standards.

“Thousands and thousands of workers across the state are exposed. They’re left unprotected. And that’s unacceptable,” said Leo Murrieta, executive director of Make the Road Nevada. “Yes, next year will be a better year for workers, but that won’t help the hundreds of people who could die this year.”

Carreon told News 4-Fox 11 he hopes the state regulations will be approved and take effect in early 2025, before the summer heat arrives.

Email reporter Ben Margiott at [email protected]. Follow@BenMargiott on X and Ben Margiott KRNV on Facebook.