Nevada Enacts New Workplace Protections for Employees Exposed to Wildfire Smoke
•February 11, 2026
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Why It Matters
The legislation raises occupational health standards amid escalating wildfire events, compelling Nevada employers to invest in air‑quality monitoring and worker safety protocols, which could reshape compliance costs across the region’s outdoor industries.
Key Takeaways
- •SB 260 mandates written smoke mitigation programs.
- •Employers must monitor AQI using AirNow or equivalents.
- •Training must be provided in employees' understandable language.
- •Communication system required for AQI 150+ alerts and symptom reporting.
- •Exemptions include mines, truck drivers, emergency services, small firms.
Pulse Analysis
Wildfire activity across the western United States has surged in recent years, exposing millions of outdoor workers to hazardous smoke. Fine particulate matter (PM2.5) from fires can trigger respiratory issues, cardiovascular stress, and long‑term health complications. As climate change intensifies fire seasons, state regulators are tightening occupational safety rules to address these emerging risks, following California’s lead with comprehensive smoke‑exposure standards.
Nevada’s SB 260 joins a growing cohort of state laws that formalize employer responsibilities for outdoor laborers. The bill obliges businesses to develop written mitigation plans, continuously monitor the EPA Air Quality Index via AirNow or approved alternatives, and deliver multilingual training on protective equipment and health symptoms. It also mandates a real‑time communication system that alerts workers when AQI reaches 150 or higher and allows them to report exposure‑related ailments. While the law currently leaves specific actions for AQI 150‑199 and 200+ to future rulemaking, its immediate requirements already impose measurable compliance steps for a broad range of industries, from construction to landscaping.
For employers, the practical impact is clear: identify outdoor staff, invest in reliable air‑quality sensors, draft concise policies, and ensure training materials are culturally and linguistically appropriate. Companies must also establish reporting channels—such as mobile apps or text alerts—to meet the two‑way communication mandate. As the Division of Industrial Relations prepares detailed regulations, firms that act proactively will mitigate liability, protect employee health, and gain a competitive edge in a market increasingly sensitive to environmental and safety standards.
Nevada Enacts New Workplace Protections for Employees Exposed to Wildfire Smoke
by Noel M. Hernandez, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Wednesday, February 11, 2026
Nevada’s Senate Bill (SB) 260, which took effect January 1, 2026, mandates comprehensive requirements for employers to protect outdoor workers from wildfire‑smoke hazards. With the new law, Nevada joins states such as California, Oregon, and Washington in implementing measures to protect workers from exposure to wildfire smoke.
Quick Hits
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Nevada’s SB 260, effective January 1, 2026, requires employers to protect outdoor workers from wildfire‑smoke hazards.
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Employers must implement written programs to mitigate exposure, monitor air quality, provide employee training, and establish communication systems for reporting air quality and health symptoms.
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SB 260 includes specific measures for Air Quality Index (AQI) levels and exemptions for certain employers, with further regulatory measures to be established by the administrator of the Division of Industrial Relations.
Who Is Covered?
The law applies to employers whose employees “occasionally, frequently or constantly perform critical tasks outdoors.” The statute defines these terms precisely:
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“Constantly” – an employee performs critical tasks outdoors during at least two‑thirds of the workday.
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“Frequently” – an employee performs critical tasks outdoors during at least one‑third but less than two‑thirds of the workday.
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“Occasionally” – an employee performs critical tasks outdoors during at least 2 percent but less than one‑third of the workday.
“Outdoors” is defined as “a work environment where an employee moves to different work sites during the work day and is exposed to the elements.”
Key Employer Obligations
Under SB 260, covered employers must take several significant steps to protect their outdoor workforce.
Mitigation and monitoring programs – Employers must establish and implement a written program to mitigate employees’ exposure to poor air quality from wildfire smoke and monitor those employees for signs of health effects caused by such exposure.
Air‑quality monitoring – Employers must monitor air quality before and as conditions change during each shift of an employee who performs critical tasks outdoors. Monitoring must be conducted by determining the EPA Air Quality Index value from AirNow for the location where critical tasks are being performed. If AirNow is unavailable, employers may use alternative sources such as the U.S. Forest Service, the Interagency Wildland Fire Air Quality Response Program, the Air Quality Management Division of Northern Nevada Public Health, the Clark County Department of Air Quality Management, the Ambient Air Quality Monitoring Program, or the Bureau of Air Quality Planning of the Nevada Division of Air Quality Planning.
Employee training – Employers must provide training to affected employees in a language and format that is understandable to each employee. Training must cover the requirements of the law, the employer’s mitigation and monitoring program, and the potential hazards of not using personal protection equipment while working outdoors and being exposed to poor air quality from wildfire smoke.
Communications system – Each employer must establish a communications system that informs employees when they are being exposed to air quality where the AQI is 150 or more during their shift, and of the protective controls available to reduce exposure. The system must also allow employees to report when they are exposed to such air quality and to communicate “any symptom related to such exposure, including, without limitation, asthmatic attacks, difficulty breathing or chest pain.”
Regulatory Measures Still to Come
The law directs the administrator of the Division of Industrial Relations of the Department of Business and Industry to establish specific measures employers must take when the AQI is 150 – 199 and when it is 200 or more. The administrator must also set an AQI level caused by wildfire smoke at which employers are prohibited from allowing employees to perform critical tasks outdoors altogether. Additionally, the administrator may develop written guidance for employers on establishing compliant programs and may adopt any regulations necessary to carry out the law’s provisions.
Exemptions
Certain employers are exempt from these requirements. The law does not apply to employers that:
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Operate a mine,
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Employ commercial truck drivers,
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Provide emergency services (including police, firefighting, rescue, emergency medical services, or other public‑safety services), or
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Have ten or fewer employees.
Next Steps for Employers
Employers should:
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Identify which employees perform critical tasks outdoors.
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Develop written mitigation and monitoring programs.
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Establish air‑quality monitoring protocols.
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Create employee‑training materials in appropriate languages and formats.
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Implement a two‑way communications system for reporting air‑quality conditions and symptoms.
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