Federal Review Finds Nevada OSHA Justified in Dropping Boring Co. Fines

Regulators say citations did not meet legal criteria for deliberate safety violations.

Published on Feb. 13, 2026

Federal officials have concluded their review and confirmed that the Nevada Occupational Safety and Health Administration (OSHA) was justified in dropping over $400,000 in safety fines against The Boring Company. The fines were issued after two Clark County firefighters sustained chemical burns during a training exercise in the underground Vegas Loop tunnels.

Why it matters

This case highlights the complexities involved in workplace safety enforcement, as regulators must balance the need to hold companies accountable with ensuring citations meet legal standards. The decision to drop the fines against The Boring Company has raised concerns among some retired firefighters about oversight and transparency.

The details

Federal OSHA officials determined that the citations issued by Nevada OSHA did not meet the legal criteria of a deliberate violation. As a result, Nevada OSHA withdrew the citations. The state agency has since implemented new policies to strengthen documentation, clarify engagement with legal counsel, and establish clear procedures for case file management.

  • In December, two Clark County firefighters sustained chemical burns during a training exercise in the underground Vegas Loop tunnels.
  • In May, Nevada OSHA issued over $400,000 in safety fines against The Boring Company following the December incident.
  • In February 2026, federal officials concluded their review and confirmed Nevada OSHA's actions were justified.

The players

The Boring Company

An infrastructure and tunnel construction company founded by Elon Musk.

Nevada OSHA

The Nevada Occupational Safety and Health Administration, the state agency responsible for workplace safety enforcement.

Mike Pilcher

A retired firefighter and battalion chief with 32 years of service who expressed concerns about the decision to drop the fines against The Boring Company.

Kristopher Sanchez

The Director of the Nevada Department of Business and Industry, which oversees Nevada OSHA.

Victoria Carreón

The Administrator of the Nevada Division of Industrial Relations, which includes Nevada OSHA.

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What they’re saying

“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.”

— Kristopher Sanchez, Department of Business and Industry Director (fox5vegas.com)

“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.”

— Victoria Carreón, Division of Industrial Relations Administrator (fox5vegas.com)

The takeaway

This case highlights the challenges regulators face in balancing workplace safety enforcement with ensuring citations meet legal standards. While the decision to drop the fines against The Boring Company has raised concerns, Nevada OSHA's implementation of new policies aimed at improving transparency and accountability in their oversight efforts is a positive step forward.