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Employee Health: Nevada

Employee Health requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Dora V. Lane and Bradley T. Cave of Holland & Hart LLP

Summary

Managing Day-to-Day Health Concerns

All employers who are covered under the Nevada Industrial Insurance system (which covers all employers except in those industries specifically excluded by statute) are required to render first aid to injured employees and bear the cost of transportation of the employee to the nearest place of proper treatment if necessary. +Nev. Rev. Stat. § 616C.085.

Employers are prohibited from requiring employees to be physically present at their place of employment to report that they are sick or that they suffered a non-work-related injury and cannot work. However, employers may require employees to notify the employer that they are sick or injured and cannot report for work.

For each violation, the Labor Commissioner may impose an administrative penalty of not more than $5,000 on the employer in addition to costs for the proceeding, including investigative costs and attorney's fees.

+2019 Bill Text NV A.B. 181.

Managing Health Concerns That Could Affect Multiple Employees

Nevada employers are required to notify any employee who has been exposed to toxic materials or harmful physical agents in concentrations or levels that exceed the applicable standards, and notify the employee of the actions being taken to correct the condition. +Nev. Rev. Stat. § 618.380. Employees and their representatives are entitled to access to any records in the possession of their employer that indicate their exposure to toxic materials or harmful physical agents, and employers are required to provide copies of those records within 72 hours after receipt of the request. +Nev. Rev. Stat. § 618.370.

Smoking in the Workplace

The Nevada Clean Indoor Air Act prohibits smoking tobacco in any form within indoor places of employment, including but not limited to:

  • Child care facilities;
  • Movie theatres;
  • Video arcades;
  • Government buildings and public places;
  • Malls and retail establishments;
  • All areas of grocery stores; and
  • All indoor areas within restaurants.

Place of employment means any enclosed area under an employer's control that employees frequent during the course of employment, including, but not limited to:

  • Work areas;
  • Restrooms;
  • Hallways;
  • Employee lounges;
  • Cafeterias;
  • Conference and meeting rooms;
  • Lobbies; and
  • Reception areas.

This restriction does not apply to casino gaming areas, age-restricted stand-alone bars and taverns not serving food, strip clubs or brothels and retail tobacco stores, but the owner of any such establishment may voluntarily create nonsmoking sections or designate the entire establishment as smoke-free.

"No Smoking" signs or the international "No Smoking" symbol must be conspicuously posted at every entrance to a place of employment, and all ashtrays and smoking paraphernalia must be removed.

The law prohibits an employer from retaliating against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, the law.

+Nev. Rev. Stat. § 202.2483. See Future Developments.

Marijuana

Recreational Marijuana

Recreational marijuana use by adults 21 and over is legal in Nevada. Individuals can possess up to one ounce of the drug and grow up to six plants per person in an enclosed space. Nevada voters approved the measure in the November 2016 election. As with medical marijuana, there is no duty on an employer to accommodate recreational use in the workplace. Also, public consumption of the drug remains prohibited.

However, Nevada law does make it an unlawful employment practice for an employer to refuse to hire a prospective employee for engaging in the lawful use of any product outside the employer's premises during nonworking hours, if that use does not adversely affect the employee's ability to perform his or her job or the safety of other employees. +Nev. Rev. Stat. § 613.333.

See Future Developments.

Medical Marijuana

Nevada permits the medicinal use of marijuana for registered users. See Future Developments.

A patient is eligible for registration under the law if he or she provides valid, written documentation from his or her attending physician stating that:

  • He or she has been diagnosed with a chronic or debilitating medical condition;
  • The medical use of marijuana may lessen the symptoms or effects of that condition; and
  • The attending physician has explained the possible risks and benefits of the medical use of marijuana.

+Nev. Rev. Stat. 453A.220; +Nev. Rev. Stat. Ann. § 453A.210; +Nev. Rev. Stat. Ann. § 453A.050; +Nev. Rev. Stat. Ann. § 453A.080.

A chronic or debilitating medical condition is defined as:

  • Acquired immune deficiency syndrome;
  • An anxiety disorder;
  • An autism spectrum disorder;
  • An autoimmune disease;
  • Cancer;
  • Dependence upon or addition to opioids;
  • Glaucoma;
  • A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
    • Anorexia or cachexia (previously just cachexia);
    • Muscles spasms, including spasms caused by multiple sclerosis (previously persistent muscle spasms);
    • Seizures, including, without limitation, seizures caused by epilepsy;
    • Severe nausea; or
    • Severe or chronic pain (previously just severe);
  • A medical condition related to acquired immune deficiency syndrome or the human immunodeficiency virus;
  • A neuropathic condition, whether or not such condition causes seizures; or
  • Any other medical condition or treatment for a medical condition that is:
    • Classified as a chronic or debilitating medical condition; or
    • Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with +NRS 453A.710.

A Nevada employer may prohibit marijuana use in the workplace. Further, an employer is not required to modify a medical marijuana-using employee's job or working conditions that are based on the employer's reasonable business purposes.

However, an employer must try and reasonably accommodate an employee's medical needs if he or she uses medical marijuana and holds a valid medical marijuana registry identification card so long as the accommodation would not:

  • Pose a threat of harm or danger to persons or property;
  • Impose upon the employer an undue hardship; or
  • Prohibit an employee from fulfilling any and all job responsibilities.

Managing Emergency Medical Situations

Nevada law requires the Nevada Division of Industrial Relations to "encourage" employers with more than ten employees to include as part of their safety program a person who has successfully completed training in a course of basic emergency care of a person in cardiac arrest, including the operation and use of an automated external defibrillator (AED). +Nev. Rev. Stat. § 618.384.

A business that has placed an AED for use on its premises is not liable for any civil damages for providing an AED if the business complies with all federal and state regulations governing the placement of the AED, ensures the AED is maintained and tested, and establishes requirements for the notification of emergency medical assistance and guidelines of maintenance of the equipment. +Nev. Rev. Stat. § 41.500. Certain public entities are required to install AEDs, including school districts, county airports and counties. +Nev. Rev. Stat. § 450B.600.

Managing an At-Work Fatality

Employers are required to report to the Division any accident that causes death to an employee or results in the hospitalization of three or more employees within eight hours of the accident, and generally comply with the reporting requirements of the federal Occupational Safety and Health Act. +Nev. Rev. Stat. § 618.378.

Future Developments

Use of Electronic Smoking Devices

Effective January 1, 2020, amendments to the Nevada Clean Indoor Air expand the prohibition of smoking in indoor places of employment to include the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. +2019 Bill Text NV S.B. 263, amending +Nev. Rev. Stat. Ann. § 202.2483.

Under the amendments, electronic smoking device is defined as any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product. It includes component parts, regardless of whether the part is sold separately. It does not include any product regulated by the US Food and Drug Administration.

Marijuana Screening

Effective January 1, 2020, a Nevada employer may not fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results indicated the presence of marijuana.

This law does not apply if the prospective employee is applying for a position:

  • As a firefighter;
  • As an emergency medical technician (EMT);
  • That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
  • That, in the determination of the employer, could adversely affect the safety of others.

If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee has the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer must accept and give appropriate consideration to the results of such a screening test.

This does not apply:

  • To the extent that they are inconsistent or otherwise in conflict with an employment contract or collective bargaining agreement.
  • To the extent that it is inconsistent or otherwise in conflict with federal law.
  • To a position of employment funded by a federal grant.

A screening test is defined as a test of a person's blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

+2019 Bill Text NV A.B. 132.

Marijuana

Effective July 1, 2020, the term marijuana will be replaced by the term cannabis in the state's medical and recreational marijuana laws. +2019 Bill Text NV A.B. 533, amending +Nev. Rev. Stat. Ann. § 202.2483.

There are no other developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.