Nevada may update wildfire risk disclosure, worker heat protection rules

As interim committees of the Nevada Legislature come to a close, two key environmental issues were earmarked for potential changes to state policy — wildfires and worker protections against the heat.

This iteration of the commerce and labor committee met for the last time Wednesday, deciding on what bills it would like to support and draft for consideration in the 2025 legislative session.

Because guidelines on heat protections for workers through the Nevada State Occupational Safety and Health Administration are close to completion, Chair Sen. Pat Spearman, D-North Las Vegas, withdrew a bill draft request from consideration. Several trade and union organizations from across the state testified about the rulemaking process, arguing that the OSHA rule will be sufficient.

What did make its way through the committee is a bill draft request related to wildfires, which Nevada’s top insurance official has said are causing insurance companies to suspend policies and refuse to issue new ones more than ever before.

Many weigh in on worker heat rule process

Ever since a bill failed in the 2023 session to implement statewide protections for outdoor and indoor workers, Nevada OSHA has been working with business and trade organizations, advocates and industry leaders to craft protections that work for everyone involved.

The goal is to route the rule through the state Legislative Commission, bypassing the need for bipartisan support in the Legislature and governor approval. A public hearing about the rule will take place in Las Vegas on Thursday.

A handful of representatives from the organizations involved in the rulemaking process, such as the Vegas Chamber and Nevada Restaurant Association, spoke to what they feel is a near and fair solution.

“We do not believe the legislation is needed as there is a regulation that addresses the issues of heat illness and takes into account priorities and concerns from both the business community and OSHA,” said Emily Osterberg, government affairs director for the Henderson Chamber of Commerce.

On the federal level, the Department of Labor has proposed a similar rule, but it may need Congressional approval and a timeline for implementation is unclear.

Still, many argue that the need for protection is there: 350 heat complaints have been filed to Nevada OSHA this year, according to the agency’s dashboard.

Olivia Tanager, director of Nevada’s Toiyabe chapter of the Sierra Club, said she’s concerned that OSHA will not have enough enforcement power and that state legislation may still be needed. Tanager said she was disappointed to see the legislation killed in 2023, as she felt it was straightforward and long overdue.

“If your business model depends on not letting your workers have water or take breaks in extreme heat, you should have a different business model,” Tanager told lawmakers at the end of Wednesday’s hearing.

Disclosing wildfire risk

Similar to legislation that Florida has adopted about flood risk, Nevada may soon mandate that sellers disclose whether property is located in a wildfire risk zone.

The bill will require the state forester to designate these risk zones and give local governments the responsibility to notify developers if they are about to construct homes or commercial buildings in one of those zones.

“That’s what we’re trying to do: make sure that people who purchase property know what they’re purchasing, and that all those things are disclosed,” Spearman said.

The lawmakers also agreed to send a letter to Gov. Joe Lombardo to study whether a FAIR plan is feasible for Nevada. Experts have told the committee that the state-mandated insurance program hasn’t been well executed in other states like California.

The letter will ask Lombardo to create a task force for studying factors related to wildfire risk like building codes and zoning — something a Washoe County representative eagerly said her county would be a part of.

A recent town hall showed just how hard the insurance crisis is affecting Northern Nevadans, said Cadence Matijevich, the county’s head of government affairs.

“These were folks — public servants, schoolteachers — who, because of this issue, they are facing potentially having to sell their home and leave the basin,” Matijevich said. “As opportunities may come up during this upcoming session, we would encourage you to consider legislation to help address this issue.”

Contact Alan Halaly at ahalaly@reviewjournal.com. Follow @AlanHalaly on X.