Nevada Wildfire Smoke Safety Law for Employers in 2026

On June 10, 2025, Nevada approved Senate Bill (SB) 260, directing the Division of Industrial Relations (DIR) to adopt workplace rules addressing employee exposure to poor air quality from wildfire smoke; the title reflects the law’s focus on wildfire smoke protections for outdoor work. This update applies to Nevada employers with more than 10 employees
The post Nevada Wildfire Smoke Safety Law for Employers in 2026 appeared first on VensureHR. 

On June 10, 2025, Nevada approved Senate Bill (SB) 260, directing the Division of Industrial Relations (DIR) to adopt workplace rules addressing employee exposure to poor air quality from wildfire smoke; the title reflects the law’s focus on wildfire smoke protections for outdoor work.

• Section 2, which provides that NRS 354.599 does not apply to additional local-government expenses related to the act, and Section 3, the act’s effective-date provision, became effective upon passage and approval.

• Section 1, which establishes Nevada’s wildfire-smoke employer framework in Chapter 618 of NRS, became effective upon passage and approval for rulemaking and other preparatory administrative tasks and on January 1, 2026, for all other purposes.

• DIR later released a draft regulation package and Small Business Impact Statement on January 6, 2026, and held a public workshop on March 3, 2026, regarding proposed NAC Chapter 618 amendments to implement SB 260.

This update applies to Nevada employers with more than 10 employees who work outdoors and may be exposed to wildfire smoke, except for mine operators, employers of commercial truck drivers, and providers of emergency services.

What Employers Need to Do

• Determine whether the organization is covered and identify which roles involve outdoor wildfire-smoke exposure, including any “critical tasks outdoors” that may require contingency planning once DIR finalizes the stop-work threshold.

• Establish or refine Air Qualifying Index (AQI) monitoring and internal alert procedures, because covered employers must notify employees when AQI attributable to wildfire smoke is 150 or more during a shift and must allow employees to report exposure and related symptoms.

• Build or update training for outdoor employees in a manner that employees can understand, because SB 260 requires training standards covering employer obligations and the risks of not using personal protective equipment while working outdoors in wildfire smoke.

• Review Personal Protective Equipment (PPE), schedule-adjustment, and exposure-reduction options now, because DIR’s January 2026 draft would require exposure-reduction controls and, at a minimum, voluntary N95 filtering facepiece respirators when AQI attributable to wildfire smoke is 150 or more.

• Continue tracking DIR rulemaking materials, because implementation details have been developed through the January 6, 2026, draft package and the March 3 public workshop on proposed amendments.

Overview

• SB 260 creates a Nevada wildfire-smoke workplace safety framework that uses the Air Quality Index (AQI) as the trigger for required protections and directs DIR to establish measures at AQI 150 to less than 200 and AQI 200 or more.

• The statute also directs DIR to set an AQI level caused by wildfire smoke at which an employer must not allow employees to perform critical tasks outdoors. Still, SB 260 itself does not place that stop-work number directly in the statute.

• Covered employers must establish a communications system that tells employees, understandably, when they are being exposed during a shift to AQI 150 or more and what protective controls are available, and that lets employees report both exposure and symptoms such as asthmatic attacks, difficulty breathing, or chest pain.

• SB 260 also requires DIR to adopt training standards for employees who work outdoors and may be exposed to wildfire smoke, with training that is understandable, explains employer requirements, and addresses the risks of not using personal protective equipment.

• DIR’s January 6, 2026 draft regulations show what implementation may look like in practice: a one-time written job hazard analysis, wildfire-smoke provisions in the written safety program, AQI/PM2.5 monitoring options, exposure-reduction controls at AQI 150 or more, voluntary N95 availability, and a proposed AQI 500 threshold for stopping critical tasks outdoors; because these are proposed regulations, they may still change before adoption.

Why This Matters

Nevada has moved from a general statutory framework to a more concrete wildfire-smoke compliance model that ties employer obligations to AQI thresholds, employee communications, and outdoor-work training.

Because SB 260 leaves many operational details to regulation, employers with outdoor workforces should not wait for final rules to identify exposed roles, communication channels, and basic response measures for smoke events.

Key Risks for Employers

• Rulemaking uncertainty risk: SB 260 sets the framework, but many operational details still depend on regulations, so employers that wait may have limited time to adjust once final rules are adopted.

• Outdoor work disruption risk: DIR must set the AQI point at which employers may not allow critical tasks outdoors, and the January 2026 draft proposes AQI 500, which could materially affect staffing and scheduling during severe smoke events.

• Communication and symptom-response risk: Covered employers must have a working system to notify employees at AQI 150 or more and receive reports of wildfire-smoke exposure and symptoms during a shift.

• Training and PPE readiness risk: Employers may face compliance gaps if outdoor workers are not trained in understandable formats or if respirators and other exposure-reduction measures are not ready when smoke conditions deteriorate.

Additional Information

SB 260 also authorizes DIR to provide written guidance to help employers comply and to account for rural and remote working conditions.

In addition, the statute states that the regulations adopted under SB 260 must not impose additional liability on an employer for purposes of industrial insurance or occupational disease insurance.

Source Reference

• Nevada SB 260 – AN ACT relating to employment
• State of Nevada Department of Business & Industry Industrial Relations (DIR)
• Official Nevada OSHA Regulations page
• DIR – Small Business Impact Statement Questionnaire Proposed Permanent Regulations Amending NAC Chapter 618 (January 6, 2026)
• DIR – Notice Of Public Workshop To Solicit Comments On Proposed (March 3, 2026)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

The post Nevada Wildfire Smoke Safety Law for Employers in 2026 appeared first on VensureHR.

 VensureHR