Baby, It’s Cold Outside … But We Still Must Prepare to Address Heat Illness
In Case You Missed It: Maryland and Nevada Issued Heat Illness Regulations in 2024

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Patricia Tsipras

January 14, 2025

Maryland’s Heat Illness Prevention Standard
Maryland’s Occupational Safety and Health Division (MOSH) implemented a Heat Illness Prevention Standard (Standard), effective September 30, 2024, that requires employers to protect workers from heat hazards in indoor and outdoor settings where the heat index reaches 80°F or higher.

The Standard requires the creation of a written Heat-Related Illness Prevention and Management Plan that addresses:

• providing sufficient amounts of drinking water (at least 32 ounces per hour per employee per day)
• methods to identify how employees will be given sufficient opportunities and encouragement to stay hydrated
• how to recognize the symptoms of heat-related illness (like heat exhaustion and heat stroke)
• how the employer will implement rest break schedules
• training for employees on the hazards of heat exposure and steps to prevent heat-related illness
• procedures for heat adjustment of up to 14 days for newly exposed or returning employees

When the heat index exceeds 90°F, additional measures are required, including

• a ten-minute (minimum) rest period for every two hours worked
• a 15-minute (minimum) rest period for every hour worked if employees are exposed to a heat index above 100°F.
• employee monitoring for heat stress

The Standard also requires that employers implement emergency response procedures, train workers, and provide annual retraining.

MOSH is working to develop additional resources and guidance documents on the Standard.  You may enter your email address in the MOSH Subscription Form on the MOSH homepage to receive updates when new content about the Standard is available.

Nevada Heat Illness Regulation
In an effort to reduce the health risks of heat exposure for Nevada workers in both indoor and outdoor settings, Nevada’s Division of Industrial Relations also developed a regulatory framework.

The regulation, which became effective on November 15, 2024, requires businesses with more than ten employees to perform a one-time job hazard analysis of working conditions that could cause heat illness.  The analysis may be limited to job classifications where a majority of employees have occupational exposure to heat illness for more than 30 minutes of any 60-minute period, excluding breaks.

If the job hazard analysis identifies conditions that could cause heat illness, the employer must develop a written plan to include:

• providing potable water
• providing a rest break when an employee exhibits signs or symptoms of heat illness
• providing means for employees to cool off
• monitoring work conditions that could create occupational exposure to heat illness
• identifying and mitigating work processes that may generate additional heat or humidity
• employee training, including how to recognize the hazards of heat illness and procedures to minimize heat illness hazards
• procedures for responding to an emergency, including designating an individual who will contact emergency services if an employee is experiencing signs of heat illness

The Division of Industrial Relations is expected to post on its website additional guidance regarding the regulation.  Enforcement of the regulation will begin 90 days after the Division publishes its guidance.

The Safety Consultation and Training Section (SCATS) of the Division of Industrial Relations will be developing and posting training courses for the new regulation on its website.  SCATS also provides free workplace safety consultation services to all Nevada employers.

Maryland and Nevada Employers:  Though temperatures may be cold/cooler right now, by taking proactive steps, you can ensure compliance with the law and protect your workforce when heat conditions become extreme.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Maryland, Nevada, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.