September 4, 2025 | Category: Uncategorized

On June 10, 2025, Nevada Governor Joe Lombardo approved Senate Bill 260, a measure designed to safeguard employees who work outdoors from the risks created by wildfire smoke. The legislation directs the state’s Division of Industrial Relations to develop rules aimed at limiting exposure to unhealthy air quality.

Breathing smoke from wildfires can irritate the lungs, worsen asthma or other chronic conditions, and in severe cases, cause lasting health effects. The new law requires the Division to adopt regulations that compel employers to act when the federal Air Quality Index (AQI) reaches unhealthy levels. Specifically, action will be required when AQI falls between 150 and 200, and stronger protections must be in place when it reaches 200 or higher. The Division must also set a threshold at which outdoor work on critical tasks will be prohibited altogether.

Nevada Employer Responsibilities

Beyond limiting exposure, employers will need to train outdoor workers on:

The law covers outdoor worksites where employees regularly perform duties in conditions exposed to the elements. It does not apply to indoor or climate-controlled workplaces. There are also exemptions for mine operators, commercial trucking companies, emergency service providers, and businesses with 10 or fewer employees. Importantly, the law makes clear that the new rules cannot add insurance liabilities related to workers’ compensation or occupational disease coverage.

Anticipated Wildfire Smoke Regulations

The statute leaves many details to be worked out in future regulations. However, Nevada’s Division of Industrial Relations has already issued wildfire smoke guidance in the past, which provides some insight into what employers might expect. Prior recommendations included daily monitoring of the AQI when employees work outdoors, employee training and reporting of worsening conditions, guidelines for when to use respirators, providing breaks in filtered indoor spaces, identifying conditions for halting work, and having a response plan for employees experiencing symptoms.

Regional and Federal Rules on Wildfire Smoke and Air Quality

Nevada is joining other western states in regulating this hazard. California, Oregon, and Washington already enforce their own wildfire smoke standards, though the requirements differ across state lines. At the federal level, OSHA has no wildfire smoke rule in place and instead relies on its general duty clause to address related hazards. Nevada’s move reflects the broader trend of states stepping in to create protections where federal standards remain silent.

By: Thoran Towler, Esq.