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Bill seeks to protect Nevada warehouse workers from heat, toxic gases

Alan Halaly, Las Vegas Review-Journal on

Published in News & Features

Edward Goodrich sees himself in the text of Nevada’s Assembly Bill 414.

“As I read the contents of AB 414, I quickly realized that this legislation was actually about me,” Goodrich told lawmakers on behalf of a Northern Nevada chapter of the International Alliance of Theatrical Stage Employees.

Goodrich, who has worked in convention centers as an electrician for decades, detailed how venues would only turn on air conditioning two hours before an event began and shut it off exactly when the event ended. That meant toxic fumes would seep in from loading docks.

His employers were less than receptive for his requests to use fans, Goodrich said.

“I’ve seen people become physically sick from this exposure to these fumes,” he said. “I, myself, have experienced nausea in these catwalks because of the smog.”

AB 414 seeks to establish better protections for Goodrich and other workers who feel overlooked in conversations about occupational safety. Lawmakers are considering requiring written safety plans from employers who would need to monitor temperatures and air quality at least every four hours.

If temperatures break 103 degrees, employees must have access to a cooling station that has a fan and potable water, according to the bill text. Likewise, if air quality is determined to be poor, employers would have to use additional fans or other forced ventilation systems.

Mandatory heat planning already underway

The bill would apply only to facilities that are more than 10,000 square feet and where workers are exposed to outdoor elements through loading docks or bay doors.

It was presented at Monday’s meeting of the Assembly Committee on Commerce and Labor, and is sponsored by Assemblymembers Cinthia Moore and Max Carter as well as Sens. Edgar Flores and Melanie Scheible, all D-Las Vegas.

Nevada’s Occupational Safety and Health Administration, or OSHA, is in the process of implementing a requirement for all employers with more than 10 workers to have a written heat mitigation plan.

 

Some, including Moore, have said the lack of a temperature trigger above which employers must take action has left too much uncertainty about whether the plans will be successful.

“Nevada prides itself on being a place where big conferences and conventions take place,” Moore said at the hearing. “However, the folks who are working day in and day out to ensure these big conventions and big conference are being exposed to greenhouse gases and inadequate ventilation.”

Is OSHA’s regulation enough?

Those who spoke in opposition of the bill included industry groups including the Vegas Chamber, the Retail Association of Nevada and the Nevada Manufacturing Association.

Most industry groups have been supportive of some form of heat protection, especially considering that climate scientists say Las Vegas and Reno are the nation’s two-fastest warming cities and extreme heat contributed to 527 deaths in Southern Nevada last year.

Paul Moradkhan, the Vegas Chamber’s senior vice president of government affairs, told lawmakers that while his organization and others are supportive of the Nevada OSHA heat regulation, more protections have not proven to be necessary.

Moradkhan, who advocated against any temperature triggers for heat prevention measures throughout OSHA negotiations, said he believes a trigger could cause confusion. The 10,000-square-foot threshold for facility size could present an undue burden on small businesses, he added.

“We believe that the introduction of AB 414 is premature,” Moradkhan said. “We ask to allow the Legislative Commission-approved regulations to be implemented this summer before discussing any additional changes.”

At the end of the hearing, Moore, the bill sponsor, said she’s open to discussing with anyone how to best see a version of the bill get passed, as long as it isn’t made weaker.

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