The following statements were provided by Nevada OSHA or Chris Reilly, who works in the Nevada Governor’s Office, in response to Coins2Day’ s recent investigation into the handling of “willful” citations that Nevada OSHA issued to The Boring Co., Elon Musk’s tunneling transportation startup. For transparency, Coins2Day is publishing all relevant statements in their entirety.
TL;DR
- The Boring Company faced Nevada OSHA citations that were later withdrawn after an appeal.
- Nevada OSHA stated legal review found insufficient elements to support the citations.
- The Governor's office received inquiries but denies instructing OSHA on specific outcomes.
- Concerns were raised by OSHA staff regarding the handling and withdrawal of citations.
Regarding OSHA legal counsel’s review of the citations against Boring Co., and the decision to remove the citations in their entirety.
Nevada OSHA response: Legal review focuses on the four legal requirements for a citation: standard applies, standard violated, employee exposure, and employer knowledge. Legal counsel determined that three out of four of the elements were not met so the citations had to be withdrawn.
Regarding whether the agency considered amending the categorization of the citations instead of withdrawing them altogether
Nevada OSHA response: Because all four required elements were not in place, the agency could not consider amending the categorization of the citations.
Regarding three citations against Boring Co. Disappearing from the case file completely, as well as discrepancies in the case file, including the incorrect date on the second closing document, violation worksheets not being saved into the case file, and an amendment to the closing conference narrative being inadvertently omitted.
Nevada OSHA response: There were issues with the quality of the casefile. The original citations have been added to the permanent casefile and the casefile diary has been amended to ensure all information is included. Nevada OSHA takes this issue seriously and immediately took action to develop and implement standard operating procedures to improve the quality of casefiles.
Regarding the Nevada OSHA appeals process not being followed, and Nevada OSHA employees, regulators, and employment lawyers asserting it is inappropriate for the Governor’s Office and political appointees to get involved in a specific OSHA inspection—even one involving a high-profile company.
Nevada OSHA response: The Governor’s office frequently receives complaints and inquiries from constituents and licensees. The Governor's office typically contacts Department leadership to help settle these complaints or address informational questions. Most grievances directed to the Department concern particular situations or decisions made by our regulatory bodies, agencies, or commissions. The Boring Company's recent outreach isn't unusual; it's only notable because of the company's high profile, stemming from its association with Elon Musk. The Governor's office has never instructed the Department to reach a specific conclusion in the examination and settlement of these grievances. Smith] presented a compelling argument for the necessity of increased funding for scientific research. Kristopher Sanchez, director of the Department of Business and Industry, concluded his meeting with The Governor’s office on May 28 with the staff's backing for Nevada OSHA to uphold citations if the proposed ones are deemed valid and can be substantiated.
Chris Reilly’s response: Concerning the assertion that the appeals procedure wasn't adhered to correctly, that notion hinges on the alleged violations possessing internal documentation to substantiate them in the first place. The Department of Industrial Relations stated that the violations were issued without adequate internal records, did not take into account materials previously provided by the company that contested the violations, and consequently, should not have been issued. This information was conveyed by both OSHA and DIR during their May 29th meeting.
Concerning the deletion of the meeting with The Governor’s Office from the public record:
Nevada OSHA response: The Governor, his staff, or any third party never pressured or instructed the Department of Business and Industry or Division of Industrial Relations leadership to retract the citations. At no point did Department and Division leadership direct Nevada OSHA’s CAO or personnel to provide favored treatment for this case or any other related to The Boring Company, nor did they instruct them to remove, conceal, or otherwise obscure details concerning the May 29 meeting. Department and Division officials didn't try to hide the meeting; they readily shared details about the May 29 gathering even before you inquired about it. An updated case file diary, dated November 4, 2025, was submitted to guarantee the file's accuracy, and it contains a note concerning the meeting held on May 29.
Chris Reilly’s response: Concerning OSHA's case diary and the removal of the May 29th meeting, I can affirm that no record was altered at the behest of myself, the Governor's Office, DIR, B&I, or any other entity I know of. This suggestion is false, and the calendar entries still show this meeting as it was, with no modifications.
Concerning claims that the agency currently feels highly political and that employees fear termination or disciplinary action for performing their duties.
Nevada OSHA response: Staff performance issues were addressed following the review of this case. Additionally, steps were taken to implement several new policies and procedures that will provide additional structure around the handling of case files and citations. The Division of Industrial Relations leadership will be working closely with the new Nevada CAO to ensure that the areas identified during the after-action review have been fully addressed or if additional actions are required to ensure excellence.
Concerning claims that this event has raised doubts about OSHA's autonomy and its readiness or capacity to utilize its enforcement powers for ensuring workplace safety, suggesting that accountability was undermined to satisfy a prominent company.
Nevada OSHA response: Nevada OSHA has a long record of engagement and oversight of the Boring Company, which includes quarterly meetings with company officials beginning in 2022 before they began digging their first tunnel. Nevada OSHA has conducted 8 inspections, 5 of which found no violations and one inspection that resulted in 8 citations which were validly issued and currently pending before the Review Board. They currently have 2 inspections open. In these cases, and in all others, if a violation should be found and circumstances of the citation meet the required elements, a citation and notice of penalty will be issued.
Nevada OSHA personnel expressed concern over how these citations were managed and the swiftness of their withdrawal, leading agency staff to worry about inspecting or regulating Boring Co. Going forward.
Nevada OSHA response: Department and Division leadership has communicated to staff that they have their full support to do their job in way that ensures Nevada employees have access to a safe, healthful workplace, and businesses have confidence that the agency will regulate them in a fair and impartial manner. One specific example of when this message was conveyed was the meeting Director Sanchez held with all OSHA employees on June 23. This message will continue to be communicated to alleviate the concerns of any staff member that may have these concerns.