Federal OSHA previously announced the creation of the Heat Illness National Emphasis Program (NEP) and signaled its intent to take a more proactive approach to prevent heat related illnesses. Now various states, including Nevada, are moving to adopt their own regulations regarding heat related illnesses. Understanding Nevada’s response to the NEP will help your business keep its employees healthy and beat the heat.

OSHA’s NEP
Through the NEP, OSHA identified 70 industries which have a heightened chance of heat related illnesses. These industries include both construction and non-construction employers as well as outdoor and indoor worksites. On “heat priority days” Federal OSHA intends to conduct field inspections, ask employers about their heat-related hazard prevention programs, and assess the potential for heat-related serious illnesses and injuries for that employer. Federal OSHA defines a heat priority day as a day when the heat index (a measure of how hot it feels when relative humidity is factored in with the actual air temperature) is 80 degrees Fahrenheit or higher.

Federal OSHA will prioritize conducting field inspections for complaints and all employer-reported hospitalizations, relating to heat hazards. Additionally, the local OSHA offices will generate a list of employers that fall within the 70 identified industries and begin random inspections of these businesses on any day that the National Weather Service has announced a heat warning or advisory for the local area

Nevada’s Response to OSHA’s NEP
Like Federal OSHA, Nevada OSHA is in the process of adopting a new regulation governing heat hazards. Until the new regulation is adopted, and in an effort to support Federal OSHA’s NEP, Nevada OSHA announced it will prioritize site inspections for the 70 high-risk industries identified by Federal OSHA, as well as additional industries identified by Nevada OSHA. However, due to Nevada’s desert climate, Nevada defines a heat priority day as any day where the temperature reaches or exceeds 90 degrees Fahrenheit, instead of Federal OSHA’s target of 80 degrees.

How Your Business Can Beat the Heat
Employers are encouraged to be proactive about heat hazards and take common sense actions to safeguard employees. This includes advising employees about heat-related illnesses, developing a heat illness prevention plan, and providing rest breaks, shade, and easily accessible cold drinking water. Indoor employers should ensure there is adequate ventilation, cooling fans, and air conditioning when available.

If you have questions about this blog, please reach out to the Jackson Lewis attorney with whom you often work, the authors of this blog, or any member of our Workplace Safety and Health Practice Group.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Sean Paisan Sean Paisan

Sean Paisan is of counsel in the Orange County, California, office of Jackson Lewis P.C. He is the leader of the firm’s Cal/OSHA practice subgroup and co-leader of the firm’s Construction industry group. His practice focuses on assisting employers with Cal/OSHA compliance, investigations…

Sean Paisan is of counsel in the Orange County, California, office of Jackson Lewis P.C. He is the leader of the firm’s Cal/OSHA practice subgroup and co-leader of the firm’s Construction industry group. His practice focuses on assisting employers with Cal/OSHA compliance, investigations, and fighting citations. Additionally, Sean also assists employers in data privacy and traditional employment matters, including litigation and counseling.

Sean’s first exposure to OSHA regulations occurred during his undergraduate studies while working for a construction company that helped build Disney’s California Adventure. After attending law school and working for the Los Angeles County District Attorney’s Office and the United States Attorney’s Office, Sean moved into private practice, where he focused on general liability matters, including serious injuries and fatalities. Through this experience, Sean became very knowledgeable on the myriad of Cal/OSHA regulations imposed on businesses, especially in the construction, manufacturing, and healthcare industries, and the consequences for violations of those regulations. From there, Sean became OSHA 30 certified and began assisting employers with all workplace safety matters, from compliance, to investigations and inspections, to the appeals of citations in California, Arizona, Washington, and Hawaii.

Throughout his career, Sean has been called upon to try cases that cannot be settled. He has handled trials in the United States District Court, California Superior Court, Cal/OSHA Appeals Board, Workers Compensation Appeals Board, and the US Department of Labor OALJ, as well as binding arbitrations. Sean has tried cases involving the following subjects: general employment, wrongful death, premises liability, unfair competition (B&P § 17200), false advertising (Lanham Act), misappropriation of trade secret, restrictive covenants, and whistleblower (AIR21).

In addition to his trial experience, he is routinely called on to assist his clients with workplace crises such as catastrophic injuries, fatalities, data breaches, and ransomware incidents. Drawing on his years of in both civil and criminal law, Sean’s unique background allows him to anticipate and proactively manage issues, rather than simply reacting to requests and inquiries by investigating agencies such as law enforcement, OSHA, Cal/OSHA, California Bureau of Investigations (BOI), Federal Aviation Administration (FAA), National Transportation Safety Board (NTSB), as well as opposing counsel in litigation matters.

In addition to his litigation experience, Sean has earned the CIPP/US credential through the International Association of Privacy Professionals (IAPP). He helps organizations manage rapidly evolving privacy threats and mitigate the potential loss and misuse of information assets. He has an in-depth understanding of how privacy laws can impact business operations. These laws include the Health Insurance Portability and Accountability Act (HIPAA), Federal Trade Commission Act (FTC Act), Health Information Technology for Economic and Clinical Health Act (HITECH), Genetic Information Nondiscrimination Act (GINA), Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), Fair and Accurate Credit Transaction Act (FACTA), Dodd-Frank Wall Street Reform and Consumer Protection Act, California Financial Information Privacy Act, Family Educational Rights and Privacy Act (FERPA), Telemarketing Sales Rule, Telephone Consumer Protection Act (TCPA), Junk Fax Prevention Act, Controlling Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), Cable Communications Policy Act, Video Privacy Protection Act, Children’s Online Privacy Protection Act (COPPA), California Online Privacy Protection Act (CalOPPA), California Consumer Privacy Act (CCPA), and California Privacy Rights Act (CPRA). With respect to laws affecting the ability of the government to obtain information, Sean can assist employers in understanding their obligations under the Federal Wiretap Act, Electronic Communications Privacy Act (ECPA), Communications Assistance for Law Enforcement Act (CALEA), Right to Financial Privacy Act, Privacy Protection Act, Foreign Intelligence Surveillance Act (FISA), and USA PATRIOT Act.

Before becoming an attorney, Sean earned his bachelor’s degree in accounting from the University of Southern California, where he also played varsity ice hockey in the ACHA. When not practicing law, Sean enjoys spending time with his wife and three young children, playing adult league ice hockey, mountain biking, and motorsports.