1. The Administrator shall establish by regulation: (a) Measures that an employer must take to monitor air quality and reduce the exposure of an employee to poor air quality from wildfire smoke where: (1) The air quality index is 150 or more but less than 200; and (2) The air quality index is 200 or more; and (b) An air quality index level caused by wildfire smoke at which an employer shall not allow an employee to perform critical tasks outdoors. 2. Each employer shall establish a communications system in accordance with the requirements adopted by regulation pursuant to subsection 3 that: (a) Informs an employee, in a manner that is understandable to the employee, when the employee is being exposed to air quality where the air quality index is 150 or more during the employees shift and of the protective controls that are available to the employee to reduce exposure to the air quality. (b) Allows any employee to inform the employer when the employee is being exposed to air quality where the air quality index is 150 or more in the employees workplace and if the employee is experiencing any symptom related to such exposure, including, without limitation, asthmatic attacks, difficulty breathing or chest pain. 3. The Administrator shall adopt regulations that prescribe: (a) Requirements for the implementation of a communications system established pursuant to subsection 2. Such regulations may prescribe additional requirements for such a communications system. (b) Standards for an employer to train employees who work outdoors and may be exposed to poor air quality from wildfire smoke. Such standards must require that the training: (1) Be provided in a manner that is understandable to the employee; (2) Describe the requirements imposed on employers pursuant to this section; and (3) Describe the risks of not using personal protection equipment while working outdoors and being exposed to poor air quality from wildfire smoke. 4. The Administrator may develop and provide to each employer written guidance for complying with this section and any regulations adopted pursuant thereto. Such guidance may account for working conditions in rural and remote locations. 5. The regulations adopted pursuant to this section must not impose any additional liability on an employer for the purposes of industrial insurance or insurance for occupational diseases. 6. The provisions of this section do not apply to any employer who: (a) Is an operator of a mine; (b) Employs commercial truck drivers; (c) Is a provider of emergency services; or (d) Has 10 or fewer employees. 7. As used in this section: (a) Outdoors means a work environment where an employee regularly performs job duties in conditions that are directly affected by the elements. The term does not include a work environment that is enclosed or climate controlled. (b) Provider of emergency services means an agency of the State or a political subdivision of the State that provides police, fire fighting, rescue, emergency medical services or other services related to public safety. The term includes, without limitation, any entity that provides such services during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 . (c) Wildfire smoke means smoke caused by a wildfire which contains a complex mixture of gases and particles that includes, without limitation, gases, hazardous air pollutants, water vapor and particle pollution.
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