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- 83rd Session (2025)
Assembly Bill No. 414–Assemblymembers Moore, Carter;
Anderson, D’Silva, Karris and La Rue Hatch
Joint Sponsors: Senators Flores, Scheible; and Doñate
CHAPTER..........
AN ACT relating to occupational safety; revising the requirements
of writt en safety programs in certain workplaces to include
programs related to mitigation of certain air quality issues;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Industrial Relatio ns of the Department of
Business and Industry to provide for the establishment and supervision of programs
for the education and training of employers and employees on certain unsafe or
unhealthful working conditions. (NRS 618.353) Existing law requires ce rtain
employers to establish a written safety program and implement the safety program
within 90 days after it is established. (NRS 618.383)
If an employer has more than 15 employees who work at a large hybrid
environment facility, sections 3 and 5 of this bill require , with certain exceptions,
such a written safety program to include the establishment of a program to mitigate
occupational exposure to greenhouse gases, other gases and poor air quality.
Section 2 of this bill defines the term “large hybr id environment facility” to mean,
in general, a facility where employees work: (1) that is at least 10,000 square feet;
and (2) at which workers are exposed to outdoor elements for a majority of each
shift worked, including, without limitation, through ope n loading docks or bay
doors. Section 4 of this bill makes a conforming change so that the definition of
“large hybrid environment facility” applies to the provisions of existing law
governing occupational safety and health.
Section 3 requires a written s afety program relating to a large hybrid
environment facility to include provisions that require the establishment of: (1) a
system to mitigate exposure to certain air quality issues in accordance with
occupational safety and health standards; and (2) a sy stem for monitoring
employees for signs of health effects resulting from exposure to certain air quality
issues. Section 3 also requires such a program to contain provisions which: (1)
require any vehicle which is loading or unloading at the facility to ha ve the engine
of the vehicle turned off; (2) require a designated person at the facility, not less than
every 4 hours when employees are working, to monitor and record certain air
quality information in each area of the facility where employees are working ; and
(3) take certain actions if the air quality information exceeds any relevant
occupational safety and health standards. Section 3 exempts from those
requirements state agencies and certain employers who are engaged in: (1) law
enforcement, firefighting or otherwise responding to emergencies; (2) solid waste
management or the management of hazardous waste; or (3) towing services.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 618 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. “Large hybrid environment facility” means any
facility in which employees work, including, without lim itation, a
distribution center or convention center:
1. That is at least 10,000 square feet; and
2. At which employees are exposed to outdoor elements for a
majority of each shift worked, including, without limitation,
through open loading docks or bay doors.
Sec. 3. 1. Except as otherwise provided in subsection 2, an
employer who has more than 15 employees who work at a large
hybrid environment facility and who is required to establish a
written safety program pursuant to NRS 618.383 shall include in
the written safety program provisions that:
(a) Require the establishment of:
(1) A system to mitigate exposure to greenhouse gases,
other gases or poor air quality that complies with all applicable
occupational safety and health standards established pursuant to
NRS 618.295; and
(2) A system for monitoring employees for signs of health
effects resulting from exposure to greenhouses gases, other gases
or poor air quality.
(b) Require any vehicle which is loading or un loading at the
facility to have the engine of the vehicle turned off, except that a
refrigerated vehicle or trailer with a motor that is independent of
the engine of the vehicle may continue to operate the motor for
refrigeration.
(c) Require a designated person at the facility, not less than
every 4 hours when employees are working, to:
(1) Monitor the level of greenhouse gases, other gases and
air quality in each area of the facility where employees are
working, including, without limitation, any area in which
employees are working in an elevated position above ground level;
and
(2) Record the level of greenhouse gases, other gases and
air quality in each area described in subparagraph (1) in a
logbook, which must be kept at the facility and available for review
upon request.
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- 83rd Session (2025)
(d) On any day when, according to the monitoring described in
paragraph (c), the level of greenhouse gases, other gases or air
quality in any area of the facility where employees are working
exceeds the level set forth in any app licable occupational safety
and health standard established pursuant to NRS 618.295, require
additional fans or other forced ventilation systems be used to
increase the flow of air out of the facility, including, without
limitation, through open loading docks or bay doors.
2. The provisions of this section do not apply to an employer
who:
(a) Is a law enforcement agency, a fire -fighting agency or
whose employees are otherwise engaged as emergency response
employees;
(b) Operates a disposal site or a recycling center or whose
employees are otherwise engaged in a solid waste management
system or the management of hazardous waste;
(c) Is a tow company, operates a tow car or whose employees
are otherwise engaged in towing services; or
(d) Is a state agency.
3. As used in this section:
(a) “Disposal site” has the meaning ascribed to it in
NRS 444.460.
(b) “Emergency response employee” has the meaning ascribed
to it in NRS 450B.0703.
(c) “Fire-fighting agency” has the meaning ascribed to it in
NRS 450B.072.
(d) “Greenhouse gas” has the meaning ascribed to it in
NRS 445B.137.
(e) “Law enforcement agency” has the meaning ascribed to it
in NRS 289.010.
(f) “Management of hazardous waste” has the meaning
ascribed to it in NRS 459.435.
(g) “Recycling center” has the meaning ascribed to it in
NRS 444A.014.
(h) “Solid waste management system” has the meaning
ascribed to it in NRS 444.500.
(i) “State agency” has the meaning ascribed to it in
NRS 231.0095.
(j) “Tow car” has the meaning ascribed to it in NRS 706.131.
(k) “Towing services” has the meaning ascribed to it in
NRS 706.132.
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- 83rd Session (2025)
Sec. 4. NRS 618.025 is hereby amended to read as follows:
618.025 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 618.029 to 618.165,
inclusive, and section 2 of this act have the meanings ascribed to
them in such sections.
Sec. 5. NRS 618.383 is hereby amended to read as follows:
618.383 1. Except as otherwise provided in subsections 8 and
9, an employer shall establish a written safety program and carry out
the requirements of the program within 90 days after it is
established.
2. The written safety program must include:
(a) The establishment of a training program for employees
concerning safety in the workplace, particularly in those areas where
there have been recurring injuries or where explosives are
manufactured.
(b) Except as otherwise provided in section 3 of this act, if the
employer has more than 15 employees who work at a large hybrid
environment facility, the provisions required by section 3 of this
act.
(c) If an employer has more than 25 employees, or if an
employer’s employees are engaged in the manufacture of
explosives, the establishment of a safety committee. The safety
committee must include representatives of employees. If the
employees are represented by a labor organization, the
representatives of employees must be selected by the employees and
not appointed by the employer.
3. A representative of employees while engaging in the
business of a safety committee, including attendance at meetings,
authorized inspections or any other activity of the committ ee, must
be paid by his or her employer as if that employee were engaged in
the employee’s usual work activities.
4. The written safety program and all training programs
required pursuant to this section must be conducted and made
available in a language and format that is understandable to each
employee.
5. The Administrator of the Division shall adopt regulations
establishing the minimum requirements for a written safety
program.
6. The Administrator of the Division shall develop and provide
each employer with a written guide for establishing a written safety
program.
7. An employer who contracts with a temporary employment
service shall provide specialized training concerning safety for the
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- 83rd Session (2025)
employees of the service before they begin work at each s ite or as
soon as possible thereafter.
8. An employer who has 10 or fewer employees is exempted
from the provisions of this section unless the employer has
employees engaged in the manufacture of explosives.
9. For the purposes of this section, an empl oyer in the mining
industry shall not be deemed to be a manufacturer of explosives.
10. Except as otherwise provided in subsection 11, as used in
this section, “explosives” means gunpowders, powders used for
blasting, all forms of high explosives, blasting materials, fuses other
than electric circuit breakers, detonators and other detonating
agents, smokeless powders, other explosive or incendiary devices
and any chemical compound, mechanical mixture or device that
contains any oxidizing and combustible u nits, or other ingredients,
in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of the compound,
mixture or device or any part thereof may cause an explosion.
11. For the purposes of this secti on, an explosive does not
include:
(a) Ammunition for small arms, or any component thereof;
(b) Black powder commercially manufactured in quantities that
do not exceed 50 pounds, percussion caps, safety and pyrotechnic
fuses, quills, quick and slow match es, and friction primers that are
intended to be used solely for sporting, recreation or cultural
purposes:
(1) In an antique firearm, as that term is defined in 18 U.S.C.
§ 921(a)(16), as that section existed on January 1, 1999; or
(2) In an antique device which is exempted from the
definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),
as that section existed on January 1, 1999; or
(c) Any explosive that is manufactured under the regulation of a
military department of the United States, or that is distributed to, or
possessed or stored by, the military or naval service or any other
agency of the United States, or an arsenal, a navy yard, a depot or
any other establishment owned by or operated on behalf of the
United States.
Sec. 6. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
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