Federal OSHA Final Determination Letter- The Boring Company inspection #1799833
The Division of Industrial Relations and Nevada OSHA appreciate Federal OSHA’s independent review of the Complaint About State Program Administration (CASPA) concerning Nevada OSHA’s handling of inspection #1799833 involving The Boring Company in Las Vegas. Federal OSHA confirmed that Nevada OSHA had reasonable justification for withdrawing the willful citations and determined that the citations did not meet the legal criteria for a willful violation.
Nevada OSHA remains committed to maintaining case files that are accurate, complete, and legally sufficient. To solidify this commitment, Nevada OSHA proactively implemented policies addressing Federal OSHA’s recommendations, including:
"Nevada OSHA takes its responsibility to protect workers very seriously. We appreciate Federal OSHA’s thorough review and confirmation that our decision to withdraw the willful citations was legally justified. Our priority is to ensure that every case file meets the highest standards of accuracy and legal sufficiency. We have already implemented enhanced policies to strengthen documentation, clarify engagement with legal counsel, and establish clear procedures for case file management. These improvements reflect our ongoing commitment to transparency, accountability, and continuous improvement in workplace safety enforcement," said Division of Industrial Relations Administrator Victoria Carreón.
“Today’s findings merely confirm what the Division of Industrial Relations legal counsel identified—that the citations issued did not meet the required legal standard. After identifying the deficiencies, Administrator Carreón and her team acted quickly to institute policies and procedures to address those concerns. I have full faith that the team at Nevada OSHA will continue to provide fair and impartial regulatory oversight of businesses that operate throughout the state,” said Department of Business and Industry Director Kristopher Sanchez.
About the Division of Industrial Relations:
The Nevada Division of Industrial Relations (DIR), a division of the Department of Business and Industry is the principal regulatory agency responsible for workplace safety and worker protections in the state of Nevada. Comprised of five sections –Occupational Safety and Health Administration, Worker’s Compensation Section, Mechanical Compliance Section, Mine Safety and Training Section, and the Safety Consultation and Training Section – DIR works to protect Nevada’s working men and women and provides a broad scope of training and support to the regulated community. For more information, please visit http://dir.nv.gov.
About Nevada OSHA:
Nevada OSHA operates as an approved state program as defined by section 18 of the Occupational Safety and Health Act of 1970 and is required by the Act to operate in a manner that is at least as effective as the federal OSHA enforcement program. Operating out of district offices in Las Vegas and Reno, Nevada OSHA conducts inspections and investigations intended to identify hazardous conditions which could harm Nevada’s workers and enforce state and federal laws protecting the state’s workers. For more information visit http://dir.nv.gov/OSHA/
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