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- 83rd Session (2025)
Senate Bill No. 260–Senators Flores, Doñate; and Scheible
Joint Sponsors: Assemblymembers
Moore, González; and D’Silva
CHAPTER..........
AN ACT relating to employment; requiring the Administrator of the
Division of Industrial Relations of the Department of
Business and Industry to adopt certain regulations prescribing
requirements for certain employers relating to the exposure of
certain employees to poor air quality from wildfire smoke in
the workplace; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires certain employers to establish and implement a written
safety program that includes the establishment of a training program concerning
safety in the workplace. (NRS 618.383) Section 1 of this bill requires the
Administrator of the Division of Industrial Relations of the Department of Business
and Industry to establish by regulation measures that an employer must take to
reduce the exposure of an employee to poor air quality from wildfire smoke where
the air quality index is: (1) 150 or more but less than 200; and (2) 200 or more. The
Administrator is also required to establish by regulation an air quality index level
caused by wildfire smoke at which an employer is prohibited from allowing an
employee to p erform critical tasks outdoors. Section 1 further requires each
employer to establish a communications system that: (1) informs an employee
when the employee is being exposed to certain poor air quality; and (2) allows any
employee to report to the employe r the presence of such poor air quality and any
symptom experienced by the employee that may be caused by such exposure.
Section 1 further requires the Administrator to adopt regulations: (1) concerning
the implementation of such a communication system; an d (2) that prescribe
standards for training that certain employers are required to provide to certain
employees. Additionally, section 1 prohibits the regulations adopted by the
Administrator from imposing additional liability on an employer for the purposes of
certain policies of insurance. Finally, section 1 provides that these requirements do
not apply to any employer that: (1) is an operator of a mine; (2) employs
commercial truck drivers; (3) is a provider of emergency services; or (4) has 10 or
fewer employees.
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 a new section to read as follows:
1. The Administrator shall establish by regulation:
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- 83rd Session (2025)
(a) Measures that an employer must take to monitor air quality
and reduce the exposure of an employee to poor air quality from
wildfire smoke where:
(1) The air quality index is 150 or more but less than 200;
and
(2) The air quality index is 200 or more; and
(b) An air quality index level caused by wildfire smoke at
which an employer shall not allow an employee to perform critical
tasks outdoors.
2. Each employer shall establish a communications system in
accordance with the requirements adopted by regulation pursuant
to subsection 3 that:
(a) Informs an employee, in a manner that is understandable
to the employee, when the employee is being exposed to air quality
where the air quality index is 150 or more during the employee’s
shift and of the protective controls that are available to the
employee to reduce exposure to the air quality.
(b) Allows any employee to inform the employer when the
employee is being exposed to air quality where the air quality
index is 150 or more in the employee’s workplace and if the
employee is experiencing any symptom related to such exposure,
including, without limitation, asthmatic attacks, difficulty
breathing or chest pain.
3. The Administrator shall adopt regulations that prescribe:
(a) Requirements for the implementation of a communication s
system established pursuant to subsection 2. Such regulations may
prescribe additional requirements for such a communication s
system.
(b) Standards for an employer to train employees who work
outdoors and may be exposed to poor air quality from wildfire
smoke. Such standards must require that the training:
(1) Be provided in a manner that is understandable to the
employee;
(2) Describe the requirements imposed on employe rs
pursuant to this section; and
(3) Describe the risks of not using personal protection
equipment while working outdoors and being exposed to poor air
quality from wildfire smoke.
4. The Administrator may develop and provide to each
employer written guidance for complying with this section and any
regulations adopted pursuant thereto. Such guidance may account
for working conditions in rural and remote locations.
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- 83rd Session (2025)
5. The regulations adopted pursuant to this section must not
impose any additional liability on an employer for the purposes of
industrial insurance or insurance for occupational diseases.
6. The provisions of this section do not apply to any employer
who:
(a) Is an operator of a mine;
(b) Employs commercial truck drivers;
(c) Is a provider of emergency services; or
(d) Has 10 or fewer employees.
7. As used in this section:
(a) “Outdoors” means a work environment where an employee
regularly performs job duties in conditions that are directly
affected by the elements. The term does not include a work
environment that is enclosed or climate controlled.
(b) “Provider of emergency services” means an agency of the
State or a political subdivision of the State that provides police,
fire-fighting, rescue, emergency medical services or other services
related to public safety. The term includes, without limitation, any
entity that provides such services during a state of emergency or
declaration of disaster proclaimed pursuant to NRS 414.070.
(c) “Wildfire smoke” means smoke caused by a wildfire which
contains a complex mixture of gases and particles that includes,
without limitation, gases, hazardous air pollutants, water vapor
and particle pollution.
Sec. 2. 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.
Sec. 3. 1. This section and section 2 of this act become
effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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