Nevada SB 260 and Wildfire Smoke: What Employers Need to Know Now

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December 29, 2025 | Contributors:

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In June 2025, Nevada enacted Senate Bill 260 (SB 260), directing the Division of Industrial Relations (DIR) and Nevada OSHA to develop a dedicated wildfire smoke standard for affected workers by January 1, 2026. The new rule will clarify when employers must act during smoke events and what those actions should include.

Nevada joins California, Oregon, and Washington in formalizing protections for workers during poor air quality caused by wildfire smoke. For employers, SB 260 is essentially a roadmap: it establishes the AQI trigger, points to key controls, and leaves it up to the DIR to fill in the operational details.

This article will help Nevada employers do the following:

  • Understand the primary obligations of employers under SB 260
  • Recognize the risk wildfire smoke poses to workers, especially those outdoors
  • Begin preparing now to be in compliance when regulations take effect in 2026

The Problem SB 260 Is Trying to Solve

Wildfire seasons in the western United States have grown longer and more intense. Regional smoke impacts can travel across state borders and negatively affect urban and rural areas for extended periods of time.

For Nevada, that has meant:

  • More days each year with degraded air quality indicators
  • More workers performing physically demanding tasks in smoky conditions

The primary concern is fine particulate matter (PM2.5) in wildfire smoke. These particles are small enough to penetrate deep into the lungs and can contribute to:

  • Coughing, throat and eye irritation, and headaches
  • Worsening of asthma, bronchitis, and COPD
  • Increased cardiovascular strain and elevated risk of heart events in susceptible individuals

Prior to SB 260, Nevada OSHA issued guidance and relied on the state’s General Duty Clause to address wildfire smoke as a recognized hazard. SB 260 does not replace that foundation; instead, it creates a more specific, wildfire-focused framework with clear triggers and expectations for workplace safety.

SB 260: Core Requirements

SB 260 does not attempt to write a detailed technical standard in statute. Instead, it sets key parameters and directs DIR to adopt implementing regulations. Nevada OSHA’s rulemaking will provide the operational “how,” but the central concepts are already defined.

Trigger for Action: When Air Quality Becomes “Unhealthy”

SB 260 uses the federal Environmental Protection Agency (EPA) Air Quality Index (AQI) for PM2.5 as the primary trigger. Under the law:

  • Protective measures must begin when the AQI for PM2.5 is 150 or higher (“unhealthy” range).
  • More protective measures will be required at higher AQI levels (for example, 200 and above), including restrictions on certain outdoor tasks.

Employers will be permitted to determine AQI using recognized sources such as:

  • EPA tools (e.g., Fire and Smoke Map, AirNow)
  • State or local air quality agency data
  • Direct-reading PM2.5 instruments or sensors used at or near the work location

The practical expectation is that employers will actively track air quality where outdoor work is being performed, rather than relying on general awareness or assumptions.

Employer Duties Once the AQI Threshold Is Reached

When AQI for PM2.5 meets or exceeds 150, employers should expect upcoming Nevada OSHA regulations to require a combination of monitoring, controls, PPE, communication, and training.

Monitoring

  • Checking AQI at least daily for affected outdoor work areas
  • Rechecking when conditions change significantly (e.g., wind shifts, new smoke plumes)
  • Maintaining records of AQI readings and related decisions

Exposure Reduction

Employers will be expected to reduce worker exposure where feasible by applying engineering and administrative controls, for example:

  • Adjusting schedules so the most strenuous tasks occur when AQI is lower
  • Increase the number of breaks provided to the employees
  • Rotating staff to limit individual exposure times
  • Reduce the physical activity level of the work
  • Moving work to a location with better air quality (e.g., indoors with appropriate ventilation and air filtering)
  • Authorize the employee to work from a remote location

If the AQI exceeds 200 and none of the control measures, such as those listed above, fail to reduce it, employees will not be required to work.

Personal Protective Equipment (PPE)

SB 260 anticipates the use of respiratory protection for wildfire smoke at specified AQI levels. While exact requirements will be finalized in regulation, employers should plan for:

  • Availability of NIOSH-approved N95 or equivalent filtering facepiece respirators
  • Voluntary use of respirators at AQI 150
  • Mandatory use of respirators or cessation of work when AQI exceeds 200

Communication and Response

Upcoming regulations will also emphasize communication and response systems, including the following:

  • A method to notify workers when AQI reaches or exceeds designated thresholds
  • A clear pathway for employees to report symptoms such as coughing, shortness of breath, chest discomfort, or dizziness
  • Procedures for evaluating those reports and, if needed, removing employees from exposure and facilitating medical assessment

Training Requirements Under SB 260

Training will need to be understandable to the workforce and is likely to cover:

  • Basic health risks associated with wildfire smoke and PM2.5
  • How AQI works and what the employer’s chosen thresholds mean in practice
  • The employer’s smoke response procedures and worker responsibilities
  • Appropriate use, limitations, and care of respirators used for smoke protection
  • How to report concerns or symptoms without fear of retaliation

Who Does the SB 260 Legislation Apply To?

SB 260 focuses on employers who perform their duties in environments directly exposed to weather and ambient air.

Typical covered sectors include the following:

  • Construction and demolition
  • Road, bridge, and utility work
  • Agriculture, landscaping, and groundskeeping
  • Outdoor maintenance, facilities work, and certain hospitality operations

The legislation also recognizes that many roles are mixed. An employee who divides time between indoor and outdoor work may still fall within the scope of the wildfire smoke standard during the outdoor portion of their job.

Indoor workers are generally outside the scope of SB 260 unless building ventilation systems pull in significant amounts of outdoor smoke and create poor indoor air quality. Even in those cases, protections may be addressed through other indoor air quality and ventilation requirements rather than the wildfire-specific rule.

SB 260 also describes exemptions or special treatment for some categories, which will be further clarified during rulemaking, including:

  • Certain small employers
  • Mining operations
  • Commercial trucking operations
  • Emergency responders (e.g., police, firefighters, EMS) whose work conditions are governed by other standards and operational requirements

Because details can change during rulemaking, employers in or near these categories should review the final Nevada OSHA regulations carefully once they are issued.

How and When SB 260 Will Become Enforceable

SB 260 sets a clear regulatory timeline:

  • The Division of Industrial Relations is required to adopt implementing regulations by January 1, 2026.
  • The law and its regulations will be enforceable beginning January 1, 2026.

Once the wildfire smoke standard is in place, Nevada OSHA will be able to:

  • Conduct inspections focused on compliance with monitoring, controls, PPE, communication, and training requirements
  • Issue citations and penalties where deficiencies are found
  • Require corrective actions and follow-up documentation

Nevada has a finite number of inspectors to cover the entire state and all industries. In that context, two points are especially important:

  • Well-documented programs will help demonstrate due diligence during any inspection or complaint.
  • Self-audit and periodic internal review will be essential; many organizations will not see an inspector early in the life of the standard but will still be expected to comply.

What Nevada Employers Can Learn from CA, OR, and WA

California, Oregon, and Washington have already implemented wildfire smoke standards for workers. While each state has its own structure and thresholds, their experience offers useful guidance for Nevada employers.

Common challenges have included:

  • Maintaining adequate supplies of N95 respirators during peak wildfire season
  • Communicating AQI changes and protective actions to dispersed or multilingual workforces
  • Coordinating wildfire smoke programs with existing heat illness prevention, respiratory protection, and emergency response plans
  • Balancing production goals with the need to curtail or reschedule work during severe smoke events

Some practical best practices have emerged:

  • Creating a written wildfire smoke plan that defines AQI tiers and specific actions for each tier
  • Training supervisors to apply the plan consistently in the field and document key decisions
  • Using simple visual aids—such as AQI color charts—for daily briefings and toolbox talks
  • Conducting after-action reviews following significant smoke episodes to update procedures

Nevada employers that adopt similar practices now will be better prepared to align with SB 260 when the regulations become final.

Practical Steps Nevada Employers Should Take Now

You do not need to wait for the final regulatory text to begin preparing. In fact, an early start will make implementation smoother and reduce last-minute changes.

Map Your Exposure Risk

Begin by identifying where wildfire smoke is most likely to affect your workforce:

  • List locations, tasks, and roles that may be affected by the new regulation (including indoor workplaces with insufficient ventilation)
  • Highlight operations that involve high physical exertion, long outdoor shifts, remote or hard-to-evacuate sites, or workers with known respiratory or cardiac sensitivity (where such information is appropriately disclosed).

This mapping exercise will help you prioritize which operations may need more intensive controls.

Build a Simple Monitoring and Action Plan

Next, define how you will monitor AQI and what happens at each level:

  • Select specific AQI data sources and assign responsibility for checking them before and during shifts.
  • Establish internal action tiers, for example: AQI 100–149 (increased awareness), 150–199 (formal controls, voluntary respirator use), and 200+ (task restriction or suspension, more structured respirator use).
  • Document procedures for rescheduling, rotating, or relocating work when thresholds are reached.

You can later adjust these internal tiers to match Nevada OSHA’s final rule, but the framework itself will remain valuable.

Prepare Your PPE Strategy

Since SB 260 anticipates respiratory protection at certain AQI levels, it is wise to plan ahead:

  • Estimate how many NIOSH-approved N95 or equivalent respirators you will need to support your outdoor workforce during fire season
  • Decide under what conditions respirator use will be voluntary versus mandatory, with the understanding that Nevada’s final rule may refine those distinctions.
  • Establish procedures for purchasing, storing, distributing, and replacing respirators, and for vetting your acquisition source.

If the final regulations require a formal respiratory protection program for certain scenarios, you may also need to integrate medical evaluations, fit testing, and additional training and recordkeeping.

Design Your Communication and Training Programs

Communications and training will be central to a successful wildfire smoke program:

  • Develop a notification process for AQI changes (e.g., supervisor briefings, text alerts, radio communications).
  • Define how workers can report symptoms or air quality concerns and who will receive and act on those reports.
  • Draft training content that explains the basic health impacts of wildfire smoke, how AQI works and what the chosen thresholds mean, your company’s procedures at each AQI tier, and correct use and limitations of respirators.

Provide training in the primary languages spoken by your workforce and use formats—such as brief toolbox talks and demonstrations—that match literacy and learning preferences.

Document, Audit, and Adjust Your Actions

Finally, build feedback into your program:

  • Decide which records you will maintain: AQI readings, protective actions taken, respirator distribution, training sessions, and any reported symptoms or complaints.
  • Conduct periodic internal reviews, especially after significant smoke days, to evaluate what worked well and what needs improvement.
  • Update your procedures as Nevada’s regulations are finalized and as you gain practical experience.

How FACS Can Help Nevada Employers Get Ready

SB 260 requires knowledge of occupational health, industrial hygiene, and regulatory compliance. FACS experts are already helping clients in California, Oregon, and Washington. They can guide you through the regulatory maze and show you how to translate statutory language into field-ready programs.

Here are some of the ways FACS can help your company prepare for SB 260:

Air quality and exposure assessment

  • Assistance selecting and deploying appropriate PM2.5 monitoring tools
  • Evaluation of worker exposure profiles under varying wildfire smoke conditions

Program and policy development

  • Development or refinement of written wildfire smoke plans tailored to your operations, workforce, and locations
  • Integration of wildfire smoke controls with existing heat illness, respiratory protection, and emergency response programs

Training and communication support

  • Training design and delivery for supervisors and outdoor crews
  • Multilingual training materials and toolbox talk resources to support clear communication

Integration with broader EHS programs

  • Alignment of wildfire smoke requirements with your broader Environmental, Health, and Safety (EHS) strategy and risk management goals

Ongoing compliance support

  • Periodic program reviews and audits as Nevada’s rules evolve
  • Support in preparing for or responding to Nevada OSHA inquiries and inspections related to wildfire smoke

SB 260 marks an important step in clarifying how Nevada employers should protect workers during wildfire smoke events. By defining AQI triggers and directing Nevada OSHA to develop a dedicated standard, the law provides a framework that will help organizations move from ad hoc responses to consistent, documented practice.

For employers, the opportunity now is to use the lead time before Senate Bill 260 takes place in January 2026 to:

  • Understand where wildfire smoke poses the greatest risk to their operations
  • Put monitoring, controls, PPE, communication, and training foundations in place
  • Align wildfire smoke protection with existing EHS systems to reduce illness, absenteeism, and long-term liability

For support with interpreting SB 260 and building a practical, Nevada-ready wildfire smoke program, call FACS at (888) 711-9998 or contact us online here: https://facs.com/contact-us.