Nevada SCATS Releases Second Amended Notice of Intent to Act on Proposed Regulations

April 30, 2021 3:56 PM | Anonymous member (Administrator)

Notice of Hearing for the Adoption of Regulations of the Division of Industrial Relations, Department of Business and Industry

June 3, 2021 at 10:00 a.m.
LCB File No. R053-20

You are hereby given notice that the Division of Industrial Relations of the Department of Business and Industry, State of Nevada (Division) will conduct a public hearing on proposed permanent regulations amending Chapter 618 of the Nevada Administrative Code (NAC) on Thursday, June 3, 2021 at 10:00 a.m. This meeting will be held via a Webex meeting only. Webex allows for video and teleconferencing. Pursuant to Governor Sisolak's March 22, 2020 Declaration of Emergency Directive 006, the requirement contained in NRS 241.023(1)(b), that there be a physical location designated for meetings of public bodies where members of the public are permitted to attend and participate, is suspended in order to mitigate against the possible exposure or transmission of the COVID-19 (Coronavirus). Accordingly, any person planning to participate in the meeting must participate by using the Webex Access information immediately below.

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Pursuant to NRS 233B.608 and 233B.609, the Division is providing the following statements pertaining to the public hearing on proposed changes to Chapter 618 of NAC.

The need and purpose of the proposed revisions to regulations: The Division of Industrial Relations, Occupational Safety and Health Administration (“OSHA”) may adopt regulations to mitigate heat stress in the workplace. The proposed regulations are necessary to mitigate occupational injuries and illnesses resulting from heat exposure in the workplace. In calendar year 2019 there were a total of 3,080 reports in the United States of nonfatal occupational injuries and illnesses resulting from exposure to environmental heat; 47 accepted workers’ compensation claims in Nevada in fiscal year 2020; and a total of 113 complaint or referrals to Nevada OSHA in calendar year 2020.

The estimated economic effect of the proposed regulations on (a) regulated businesses and (b) the public, including, stated separately: (i) adverse and beneficial effects; and (ii) immediate and long- term effects:

(a) Regulated businesses:

(i) Adverse and beneficial effects:

The Division anticipates a direct adverse financial effect on regulated businesses as the result of these regulations to mitigate heat stress on employees at the workplace, which is the cost of acquiring a wet-bulb globe heat stress meter, which starts at $125.10, plus tax. Other adverse effects, if any, are difficult to determine at this time but may include the costs of providing potable drinking water and shade or other cooling mechanisms at the workplace; and developing, implementing and training on heat illness and the employer’s heat stress management program in its written safety program. There will be no indirect cost to regulated or small businesses.

The Division believes that there will be no direct beneficial effects on regulated or small businesses as the result of these regulations, but there may be indirect beneficial effects on reduced employee lost time from heat illness.

(ii) Immediate and long-term effects:

The Division does not anticipate any immediate effects, either adverse or beneficial, on regulated and small businesses as a result of these regulations mitigating heat stress in the workplace. The adverse effects, if any, are difficult to determine at this time but may include the costs of a wet-bulb globe heat stress meter ($125.10 per unit) available for each covered workplace; providing potable drinking water and shade or other cooling mechanisms at the workplace; and developing, implementing and training on heat illness and the employer’s heat stress management program in its written safety program. There will be no indirect costs to regulated or small businesses.

The Division does not anticipate any long-term adverse effects on regulated and small businesses as a result of these regulations, but there may be long-term beneficial effects on reduced employee lost time from heat illness. There will be no direct or indirect costs to regulated or small businesses.

(b) The public:

(i) Adverse and beneficial effects:

The Division anticipates no adverse effects, either direct or indirect, on the public as the result of these regulations mitigating heat stress on employees at the workplace. There will be no direct or indirect cost to the public.

The Division believes that there will be no beneficial effects, either direct or indirect, on the public as the result of these regulations.

(ii) Immediate and long-term effects:

The Division does not anticipate any immediate effects, either adverse or beneficial, on the public as a result of these regulations mitigating heat stress on employees at the workplace. There will be no direct or indirect costs to the public.

The Division does not anticipate any long-term effects, either adverse or beneficial, on the public as a result of these regulations. There will be no direct or indirect costs to the public.

The estimated cost to the Division for enforcement of the proposed regulations: The Division does not anticipate incurring any additional cost for these proposed permanent regulations mitigating heat stress on employees in the workplace.

The Division believes that the proposed regulation does not overlap or duplicate any existing regulation. The proposed regulation is not required by federal law and there is no equivalent federal law.

The proposed regulation does not establish a new fee or increase an existing fee. The proposed regulation does not provide for a new fee or increase an existing fee payable to the Division.

The Division invites representatives of regulated businesses and the public to attend the public hearing and/or prepare written and/or oral comments concerning the proposed regulations. A copy of the proposed language for LCB File No. R053-20, may be downloaded at the Nevada Occupational Safety and Health Administration website: http://dir.nv.gov/OSHA/Home. Before the Public Hearing, persons may submit written comments to Donald C. Smith, Esq., Senior Division Counsel, Division of Industrial Relations, 3360 W. Sahara Avenue, #250, Las Vegas, Nevada 89102 or by email to donaldcsmith@dir.nv.gov. If no person who is directly affected by the proposed regulation appears to make oral comments, the Division will proceed immediately to act upon any written submissions.

Persons with disabilities who require special accommodations or assistance at the public hearing must notify Kim Toledo, at the Occupational Safety and Health Administration, 3360 W. Sahara Ave., #200, Las Vegas, Nevada 89102, or by calling (702) 486-9168 at least three (3) working days prior to the scheduled hearing date.

A copy of this notice and the proposed regulations are available at the Division's web page (http://www. http://dir.nv.gov/Meetings/Meetings/). This notice and the text of the proposed regulations are also in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the internet at http://www.leg.state.nv.us. Copies of this notice and the proposed regulations will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary.

Notice required by NRS 233B.064: Upon adoption of any regulation, the agency (the Division), if requested to do so by an interested person, either before adoption or thirty days thereafter, shall issue a concise statement or the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.

The requirements set forth in NRS 241.020(4)(a) for the posting of agendas for public meetings was suspended in Governor Sisolak's March 22, 2020 Declaration of Emergency Directive 006. This notice has been posted on Nevada’s notice website: http://leg.state.nv.us/App/Notice/A/; and the Division’s website: http://dir.nv.gov/Meetings/Meetings, as set forth in NRS 241.020(4)(b) and (4)(c).

Read Full Proposed Regulation

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