Department of Business and Industry Outlines Steps Taken to Address Occupational Safety and Health Review Board Case Backlog

The Nevada Department of Business and Industry (B&I) today outlined ongoing efforts to address the backlog of cases pending before the Occupational Safety and Health Review Board (“Review Board”), while clarifying recent concerns regarding board vacancies and the impact on case delays.

The Review Board, an independent body responsible for adjudicating appeals of workplace safety citations and penalties issued by the Nevada Occupational Safety and Health Administration, currently has a backlog of 133 pending cases—some dating back to 2018. These delays have meaningful consequences for worker safety, as employers are not required to abate cited hazards until cases reach final resolution.

“Under my leadership, the Nevada Department of Business and Industry is committed to maintaining a high standard of public service, transparency, and efficiency across all boards and commissions within the Department’s jurisdiction,” said B&I Director Kristopher Sanchez. “The level of service provided by the Occupational Safety and Health Review Board is expected to reflect these principles.”

Department Action to Address Backlog

B&I Director Dr. Kristopher Sanchez first raised concerns about the growing backlog in August 2024, directing Board Chair Jorge Macias to implement an advanced scheduling system to ensure timely hearings and minimize conflicts among board members, legal counsel, and parties to each case.

After receiving an insufficient response, Director Sanchez issued an additional directive on September 9, 2024, reiterating the need for a comprehensive hearing schedule and warning that failure to comply could result in further administrative action, including unilateral termination of board counsel contracts.

In 2025, B&I advanced broader structural reforms through proposed legislation (SB78), which included transitioning the Occupational Safety and Health Review Board from a board model to an administrative law judge framework to expedite case resolution. While the bill ultimately did not pass, the Department continued to pursue administrative solutions.

Renewed Efforts Following Failure to Pass Reforms

Following a February 2026 interim legislative hearing in which lawmakers expressed concern about the backlog, Director Sanchez and Division of Industrial Relations (DIR) Administrator Victoria Carreón convened a meeting with Chair Macias on February 12, 2026. At that meeting, the Review Board was directed to develop a detailed 30-, 60-, and 90-day action plan to address the backlog.

Subsequent steps included:

• February 20, 2026: Initial plan submitted and reviewed; determined to lack necessary specificity.
• March 5, 2026: Follow-up meeting with Board leadership and legal counsel.
• March 10, 2026: Formal directive issued by the Department requiring a comprehensive and actionable plan by March 17.
• March 17, 2026: Plan submitted by Chair Macias.
• March 23, 2026: Department requested further revisions to ensure clarity, accountability, and measurable outcomes by March 27.
• March 26, 2026: Plan submitted by Chair Macias with request for additional funds.
• April 1, 2026: Department reiterated the Board’s responsibility to consider cases timely and work within the existing budget. 

Director Sanchez continues to work closely with the Review Board and its counsel to finalize and implement a plan with a goal to align resolution of cases to a 180-day benchmark. The plan includes:

• A forward-looking hearing schedule
• Adjudication of the oldest cases first
• Separate monthly meetings dedicated to administrative matters
• Process improvements to accelerate case resolution
• Ongoing commitments to consistent scheduling and case throughput

Additional Measures to Reduce Future Backlog

To prevent further accumulation of cases, Nevada OSHA implemented a new process effective March 16, 2026, requiring post-contest settlement meetings with employers within 20 calendar days of a notice of contest. This early resolution opportunity is expected to reduce the number of cases advancing to the Review Board.

Clarification on Board Vacancies

Recent concerns have suggested that board vacancies contributed to the backlog. While the Board currently has one vacancy for a labor representative, it retains sufficient members to meet quorum requirements.

The Board is composed of five Governor-appointed members:

• Two labor representatives
• Two management representatives
• One general public representative
• One alternate public representative  

Periods in 2025 when meetings could not be held were not due to lack of quorum, but rather the unavailability of a sitting labor representative. Additionally, a December 2025 meeting was canceled due to an issue involving Review Board legal counsel.

DIR Administrator Carreón has previously submitted three qualified candidates to the Governor’s Office for consideration to fill the current labor representative vacancy.

Commitment to Timely Resolution and Worker Safety

“The timely resolution of workplace safety cases is critical to ensuring that hazards are corrected and Nevada workers are protected,” said Director Sanchez. “We are committed to working with the Review Board to implement meaningful changes that improve efficiency, accountability, and outcomes.”

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